Social Welfare Law Reform and Pensions Act 2006

41

Index-linked benefits.

41.— The Principal Act is amended—

( a) in section 40, by inserting the following after the definition of “funding standard”:

“‘index-linked benefits’ means benefits which, under the rules of a scheme, are increased while in payment at a rate wholly or partly linked to increases in an index of the cost of living or of wages or salaries or increases in salaries actually or notionally payable to serving employees in the relevant employment;”,

( b) in section 41(2)( c) (as amended by the Social Welfare and Pensions Act 2005), by inserting “, (3A), (3B)” after “subsections (3)”,

( c) in section 46(1)—

(i) in paragraph ( a), by deleting “and”,

(ii) in paragraph ( b), by substituting “section 44( a)(v), and” for “section 44( a)(v).”, and

(iii) by inserting the following after paragraph ( b):

“( c) notwithstanding anything contained in the rules of a relevant scheme, may assume that the liabilities of the scheme in respect of index-linked benefits on winding up in respect of any persons who are receiving benefits or have reached normal pensionable age are equal to the actuarial value of benefits with fixed rate increases where those fixed rate increases are calculated in accordance with any applicable guidance issued by the Society of Actuaries in Ireland in relation to the preparation of actuarial funding certificates in accordance with section 42.”,

and

( d) in section 48 (inserted by the Pensions (Amendment) Act 2002), by inserting the following after subsection (3):

“(3A) In purchasing an annuity in substitution for an index-linked benefit in a relevant scheme which has been wound up or in making a payment or payments under subsection (3), the trustees of a scheme which does not have sufficient resources to discharge all of the liabilities of the scheme for benefits specified in subparagraphs (i), (ii) and (iii) of subsection (1)( b) may, notwithstanding anything contained in the rules of the scheme and without the consent of the member concerned, discharge the liability of the scheme for an index-linked benefit by purchasing an annuity with fixed rate increases or deem the actuarial value of an index-linked benefit to be equal to the actuarial value of a benefit with fixed rate increases, provided that such fixed rate increases are calculated in accordance with any applicable guidance issued by the Society of Actuaries in Ireland in relation to the preparation of actuarial funding certificates in accordance with section 42.

(3B) If the liabilities of a scheme for index-linked benefits are reduced under subsection (3A) any resources which remain in the scheme after discharging the liabilities of the scheme for all benefits specified in subparagraphs (i), (ii) and (iii) of subsection (1)( b) shall be applied in increasing the benefits payable to and in respect of those persons specified in subparagraph (ii) of subsection (1)( b) who were entitled to index-linked benefits under the rules of the scheme at the date of the winding up.”.