Bankruptcy Act 1988

44A.

F32 [ Pensions in Bankruptcy.

44A . (1) Subject to subsection (2) , where a person is adjudicated bankrupt, and he or she is, or may become entitled to, payments under a relevant pension arrangement, assets relating to the arrangement (other than payments already received by the bankrupt, or that the bankrupt was entitled to receive, under the arrangement) shall not vest in the Official Assignee for the benefit of the creditors of the bankrupt.

(2) Where a bankrupt has an interest in or entitlement under a relevant pension arrangement which would, if the bankrupt performed an act or exercised an option, cause that debtor to receive from or at the request of the person administering that relevant pension arrangement

( a ) an income, or

( b ) an amount of money other than income,

in accordance with the relevant provisions of the Taxes Consolidation Act 1997 , that bankrupt shall be considered as being in receipt of such income, and such amount of money shall vest in the Official Assignee or the trustee in bankruptcy.

(3) Subsection (2) applies where

( a ) the bankrupt is entitled at the date of being adjudicated a bankrupt to perform the act or exercise the option referred to in subsection (2) ,

( b ) was entitled at any time before the date of the adjudication, to perform the act or exercise the option referred to in subsection (2) , but had not performed the act or exercised the option, or

( c ) will become entitled within 5 years of the date of the adjudication to perform the act or exercise the option referred to in subsection (2) .

(4) Where subsection (2) applies, the Official Assignee or the trustee in bankruptcy may where he or she considers that it would be beneficial to the creditors of the bankrupt to do so, perform an act or exercise an option referred to in subsection (2) in place of the bankrupt.

(5) In this section and in sections 44B and 85D a reference to a relevant pension arrangement means:

( a ) a retirement benefits scheme, within the meaning of section 771 of the Taxes Consolidation Act 1997 , for the time being approved by the Revenue Commissioners for the purposes of Chapter 1 of Part 30 of that Act;

( b ) an annuity contract or a trust scheme or part of a trust scheme for the time being approved by the Revenue Commissioners under section 784 of the Taxes Consolidation Act 1997 ;

( c ) a PRSA contract, within the meaning of section 787A of the Taxes Consolidation Act 1997 , in respect of a PRSA product, within the meaning of that section;

( d ) a qualifying overseas pension plan within the meaning of section 787M of the Taxes Consolidation Act 1997 ;

( e ) a public service pension scheme within the meaning of section 1 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 ;

( f ) a statutory scheme, within the meaning of section 770(1) of the Taxes Consolidation Act 1997 , other than a public service pension scheme referred to in paragraph ( e );

( g ) such other pension arrangement as may be prescribed by the Minister, following consultation with the Ministers for Finance, Social Protection and Public Expenditure and Reform. ]