128. Hindering employee from participating in automatic enrolment

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Automatic Enrolment Retirement Savings System Act 2024 (No. 20)Acts Referred To Introductory Text Part 1 Preliminary and general (ss. 1-5)1. Short title and commencement 2. Definitions 3. Regulations 4. Service of documents 5. Expenses Part 2 An tÚdarás Náisiúnta um Uathrollú Coigiltis Scoir (ss. 6-46)Chapter 1 Establishment of An tÚdarás Náisiúnta um Uathrollú Coigiltis Scoir (ss. 6-9)6. Definitions (Part 2)7. Establishment day 8. An tÚdarás Náisiúnta um Uathrollú Coigiltis Scoir 9. Functions of Authority Chapter 2 Board of Authority (ss. 10-24)10. Establishment of Board 11. Membership of Board 12. Term of office 13. Conditions of membership of Board 14. Membership of either House of Oireachtas, European Parliament or local authority 15. Ineligibility to become and disqualification to act as member of Board 16. Removal of member of Board 17. Meetings 18. Audit and risk committee 19. Investment committee 20. Other committees 21. Remuneration and expenses of members of Board and committees of Board 22. Disclosure of interests by member of Board or of committee of Board 23. Disclosure of interests by members of staff of Authority or other persons 24. Prohibition on unauthorised disclosure of confidential information Chapter 3 Staff of Authority, engagement of consultants, advisers and service providers (ss. 25-32)25. Appointment of chief executive 26. Functions of chief executive 27. Delegation of functions 28. Membership of either House of Oireachtas, European Parliament or local authority 29. Removal of chief executive 30. Staff of Authority 31. Engagement of consultants and advisers 32. Engagement of service providers Chapter 4 Funding, reporting and accountability (ss. 33-43)33. Appearance before Public Accounts Committee 34. Appearances before committees of Houses of Oireachtas 35. Expenses of Authority 36. Power to borrow 37. Statement of strategy 38. Annual plan 39. Accounts and audits 40. Annual report 41. Request from Minister to Authority for report 42. Production of statistical data 43. Power to monitor, review and make recommendations Chapter 5 Supervisory report by Pensions Authority (ss. 44-46)44. Supervisory report by Pensions Authority 45. Preparation and submission of supervisory report by Pensions Authority 46. Annual fee payable to Pensions Authority Part 3 Enrolment and contributions (ss. 47-66)Chapter 1 Preliminary (ss. 47-48)47. Interpretation (Part 3)48. Death of employer Chapter 2 Enrolment (ss. 49-56)49. Participants 50. Automatic enrolment 51. Exempt employment 52. Standards for purposes of section 51 53. Right to opt in 54. Right to opt-out 55. Automatic re-enrolment 56. Power to amend age limits and earnings threshold Chapter 3 Contributions(ss. 57-65)57. Contributing participants 58. Contributions 59. Payment of participant contribution and employer contribution 60. Payment of State contribution 61. Rates of contribution 62. Suspension of contributions 63. Repayment of contributions on opting out 64. Repayment of contributions in prescribed circumstances 65. Power to amend earnings limit Chapter 4 Further power to make regulations (s. 66)66. Further power to make regulations Part 4 Investment (ss. 67-77)67. Definitions (Part 4)68. Investment management providers 69. AE provider schemes and risk levels 70. Assignment of contributions to appropriate risk level 71. Power to provide for selection of more than one risk level 72. Investment of contributions 73. Transfer between AE provider schemes 74. Investment rules 75. Contractual provision on environmental and other matters 76. Participants' accounts 77. Amendment of Investment Intermediaries Act 1995 Part 5 Payment out of accounts (ss. 78-99)Chapter 1 Interpretation and general (ss. 78-80)78. Interpretation (Part 5)79. Notification and verification of death 80. Provision of benefits under arrangements made by Authority Chapter 2 Payment, other than early payment, to or in respect of participant (ss. 81-84)81. Redemption date 82. Redemption of units 83. Payment to participant at or after pensionable age 84. Payment in the event of death of participant Chapter 3 Early payment on grounds of incapacity or exceptional ill-health (ss. 85-88)85. Application for early payment on grounds of incapacity or exceptional ill-health 86. Redemption of units for early payment 87. Making of early payment 88. Procedure for applications and payments under Chapter 3 Chapter 4 Unclaimed balances (ss. 89-99)89. Interpretation (Chapter 4)90. Unclaimed balances 91. Notice of unclaimed balance 92. Publication of notice 93. Transfer of moneys to Dormant Accounts Fund 94. Register of unclaimed balances 95. Disclosure of information for statistical purposes 96. Rights of participants 97. Application for unclaimed balance 98. Confidentiality 99. Statement of compliance Part 6 Communications and services (ss. 100-106)100. Definitions (Part 6)101. Electronic system to be used by default 102. Provision of information to public by Authority 103. Provision for communications and services otherwise than online 104. Powers to make provision for purposes of communications and services 105. Participants' annual statements 106. Amendment and application of Freedom of Information Act 2014 Part 7 Information sharing and data protection (ss. 107-112)107. Definition (Part 7)108. Information sharing 109. Disclosure of certain information to Minister for Enterprise, Trade and Employment, etc.110. Amendment of Social Welfare Consolidation Act 2005 111. Processing of personal data and special categories of personal data 112. Regulations for purposes of data protection Part 8 Reviews and appeals (ss. 113-119)113. Definitions (Part 8)114. Determinations subject to internal review 115. Appeals officer 116. Appeals 117. Appeal to High Court 118. Effect of decision 119. Amendment of Financial Services and Pensions Ombudsman Act 2017 Part 9 Compliance and enforcement (ss. 120-141)Chapter 1 Interpretation (s. 120)120. Interpretation (Part 9)Chapter 2 Authorised officers and compliance (ss. 121-126)121. Authorised officers 122. Powers of authorised officers 123. Compliance notice 124. Fixed payment notice 125. Legal privilege 126. Authority may publish information respecting certain persons Chapter 3 Penalisation and hindering of employees (ss. 127-128)127. Protection of employees from penalisation 128. Hindering employee from participating in automatic enrolment Chapter 4 Workplace relations (ss. 129-130)129. Decision under section 41 or 44 of Act of 2015 130. Amendment of Act of 2015 Chapter 5 Offences (ss. 131-137)131. Offences in relation to contributions 132. Offences and penalties 133. Summary proceedings 134. Costs 135. Time limit for instituting summary proceedings 136. Admissibility of certain documents in proceedings for offence 137. Presumptions in proceedings for offence Chapter 6 Miscellaneous (ss. 138-141)138. Interest on arrears of contributions 139. Court may order employer or employee to pay arrears of contributions 140. Forgery of documents 141. Recovery of moneys

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Version status: Not yet in force | Document consolidation status: No known changes

Version date: 9 July 2024 - 29 September 2025

128. Hindering employee from participating in automatic enrolment

A person who hinders or attempts to hinder an employee from participating in the automatic enrolment retirement savings system commits an offence.

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128. Hindering employee from participating in automatic enrolment

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