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Version status: Partly in force | Document consolidation status: Updated to reflect all known changes
Version date: 23 September 2005 - onwards
Version 3 of 3

42. Amendment of section 59 of Principal Act.

The following section is substituted for section 59 of the Principal Act:

 "General duties of trustees of schemes.

59.

(1) Without prejudice to the duties of trustees generally and in addition to complying with the other requirements of this Act, the duties of trustees of schemes shall include the following:

(a) to ensure, in so far as is reasonable, that the contributions payable by the employer and the members of the scheme, where appropriate, are received and that the sums referred to in subsection (1) or (2) of section 58A are invested in accordance with paragraph (b) within 10 days of the latest date on which those sums should have been remitted or paid by the employer under subsection (1) or (2), as the case may be, of section 58A;

(b) subject to subsection (2), to provide for the proper investment of the resources of the scheme in accordance with the rules of the scheme;

(c) where appropriate, to make arrangements for the payment of the benefits as provided for under the rules of the scheme as they become due, whether in the State or in any other Member State, net of any taxes and transaction charges which may be applicable;

(d) to ensure that proper membership and financial records are kept;

(e) if the scheme is wound up, to apply the resources of the scheme in discharging its liabilities without undue delay in accordance with the rules of the scheme and, where applicable, with section 48.