Protection of Employees (Employers’ Insolvency) Act 1984

Payment of unpaid contributions to occupational pension scheme.

7

7. (1) If, on an application made to him in the prescribed form by an employee or by the persons competent to act in respect of an occupational pension scheme F66 [ or Personal Retirement Savings Account (within the meaning of the Pensions Act, 1990 ) ], the Minister is satisfied that—

( a) an employer (being in case the application is made by a person otherwise than in his capacity as the person competent so to act the employer of the applicant) has become insolvent,

( b) the date on which for the purposes of this Act the employer became insolvent is a day not earlier than the 22nd day of October, 1983, and

( c) on that day there remained unpaid relevant contributions remaining to be paid by the employer to the scheme F66 [ or Personal Retirement Savings Account (within the meaning of the Pensions Act, 1990 ) ],

on the date on which the employer became insolvent, being a date not earlier than the said 22nd day of October the Minister shall, subject to this section, pay into the assets of the scheme F66 [ or Personal Retirement Savings Account (within the meaning of the Pensions Act, 1990 ) ] out of the F67 [ the Social Insurance Fund ] the sum which in his opinion is payable in respect of the unpaid relevant contributions.

(2) In this section “ relevant contributions” means contributions falling to be paid by an employer in accordance with an occupational pension scheme F66 [ or Personal Retirement Savings Account (within the meaning of the Pensions Act, 1990 ) ], either on his own account or on behalf of an employee; provided that for the purposes of this section a contribution of any amount shall not be treated as falling to be paid on behalf of an employee unless a sum equal to that amount has been deducted from the pay of the employee by way of a contribution from him.

(3) The sum payable under this section in respect of unpaid contributions of an employer on his own account to an occupational pension scheme F66 [ or Personal Retirement Savings Account (within the meaning of the Pensions Act, 1990 ) ] shall be the lesser of the following amounts—

( a) the balance of relevant contributions remaining unpaid on the date on which he became insolvent and payable by the employer on his own account to the scheme F66 [ or Personal Retirement Savings Account (within the meaning of the Pensions Act, 1990 ) ] in respect of the period of twelve months ending on the day immediately preceding that date,

( b) the amount certified by an actuary F68 [ (or, where the employer is an undertaking which is insolvent under the laws, regulations and administrative procedures of another Member State in accordance with Article 2(1) of Council Directive 80/987/EEC of 20 October 1980 as amended by Article 1(2) of Directive 2002/74/EC of the European Parliament and of the Council of 23 September 2002 and the employees concerned are employed or habitually employed in the State, an actuary or person performing a similar task) ] to be necessary for the purpose of meeting the liability of the scheme on dissolution to pay the benefits provided by the scheme F66 [ or Personal Retirement Savings Account (within the meaning of the Pensions Act, 1990 ) ] to or in respect of the employees of the employer.

(4) Any sum payable under this section in respect of unpaid contributions on behalf of an employee shall not exceed the amount deducted from the pay of the employee in respect of the employee’s contributions to the occupational pension scheme F66 [ or Personal Retirement Savings Account (within the meaning of the Pensions Act, 1990 ) ] during the period of twelve months ending on the day immediately preceding the date on which the employer became insolvent.

(5) The provisions of subsections (6), (7) and (8) of this section shall apply in a case where a relevant officer is either appointed or required to be appointed.

(6) Subject to subsection (8) of this section, the Minister shall not in a case which is a case referred to in subsection (5) of this section make any payment under this section in respect of unpaid relevant contributions until he has received a statement in the prescribed form from the relevant officer of the amount of relevant contributions which appear to have been unpaid on the date on which the employer became insolvent and to remain unpaid; and the relevant officer shall, on request made by the Minister provide him, as soon as reasonably practicable, with such a statement.

(7) Subject to subsection (8) of this section, an amount shall be taken to be payable under subsection (3) or to have been deducted in the manner referred to in subsection (4) of this section, only if it is certified by the relevant officer as being so payable, or to have been so deducted.

(8) Where—

( a) a period of six months has elapsed since the application for a payment under this section was received by the Minister, but no such payment has been made,

( b) the Minister is satisfied that a payment under this section should be made, and

( c) it appears to the Minister that there is likely to be further delay before he receives a statement or certificate about the contributions in question,

then, the Minister may, if the applicant so requests or, if the Minister thinks fit, without such a request, make a payment under this section, notwithstanding the fact that no statement or certificate referred to in subsection (6) or (7) of this section has been received.

Annotations:

Amendments:

F66

Inserted by Pensions Act 1990 (25/1990), s. 121(9) as inserted (15.09.2003) by Pensions (Amendment) Act 2002 (18/2002), s. 3, S.I. No. 389 of 2003.

F67

Substituted (1.05.1990) by Social Welfare Act 1990 (5/1990), s. 28(b), commenced as per s. 31.

F68

Inserted (8.10.2005) by European Communities (Protection of Employees (Employers’ Insolvency) Regulations 2005 (S.I. No. 630 of 2005), reg. 7.

Editorial Notes:

E19

Power pursuant to section exercised (30.09.2011) by Protection of Employees (Employers’ Insolvency) Procedures Regulations 2011 (S.I. No. 504 of 2011).

E20

Previous affecting provision: power pursuant to section exercised (2.11.2005) by Protection of Employees (Employers’ Insolvency) (Forms and Procedure) Regulations 2005 (S.I. No. 682 of 2005); revoked (30.09.2011) by Protection of Employees (Employers’ Insolvency) Procedures Regulations 2011 (S.I. No. 504 of 2011), reg. 4.

E21

Previous affecting provision: power pursuant to section exercised (23.05.1990) by Protection of Employees (Employers’ Insolvency) (Occupational Pension Scheme) (Forms and Procedure) Regulations 1990 (S.I. No. 121 of 1990); revoked (2.11.2005) by Protection of Employees (Employers’ Insolvency) (Forms and Procedure) Regulations 2005 (S.I. No. 682 of 2005), reg. 6.

E22

Previous affecting provision: power pursuant to section exercised (1.05.1985) by Protection of Employees (Employers' Insolvency) (Occupational Pension Scheme) (Forms and Procedure) Regulations 1985 (S.I. No. 123 of 1985). These regulations are not revoked but amend S.I. No. 356 of 1984 which is revoked.