Occupational Pension Schemes (Cross-Border) Regulations, 2005
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the Occupational Pension Schemes (Cross-Border) Regulations, 2005.
(2) These Regulations come into operation on 23 September 2005.
Definitions.
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paragraphs: In these Regulations—
‘the Act’ means the Pensions Act, 1990 (No. 25 of 1990);
‘new scheme’ means a scheme which does not have any members;
Interpretation.
3 (1) For the purposes and the purposes only of sections 148, 149, 151, 152 and 154 (all inserted by section 37 of the Social Welfare and Pensions Act 2005 (No. 4 of 2005)) of the Act, “prescribed” includes prescribed by regulations made under section 3 of the European Communities Act 1972 .
(2) For the purposes and the purposes only of section 154 of the Act, “regulations” includes regulations made by the Minister under the European Communities Act 1972 .
Relevant statutory requirements.
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paragraphs: For the purposes of the definition of ‘relevant statutory requirements’ in section 148 of the Act, the staturory provisions prescribed are—
(a) Parts III, V and XI of the Act, and
(b) sections 59B and 59C of the Act.
Application for authorisation.
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paragraphs: An application for authorisation under section 149(2 of the Act shall include the following information—
(a) For the purposes of satisfying the Board that they comply with section 149(4)(a) and (4)(b), a statement signed by the trustees that, where applicable the requirements relating to—
(i) disclosure of information under Section 54 of the Act,
(ii) trustees under Section 59A of the Act and Regulations made thereunder,
(iii) remittance of contributions under section 58A of the Act,
(iv) actuarial funding certificates under section 44 of the Act,
are complied with,
(b) where applicable, an actuarial funding certificate as provided for in Article 6, and
(c) the Pensions Board registration number.
Conditions of authorisation.
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paragraphs: For the purposes of section 149(4)(c) of the Act—
(a) in the case of a new scheme to which section 44 of the Act applies, the scheme shall provide an actuarial funding certificate under section 42 of the Act by the expiry of the period of two years beginning on the date on which approval is granted or deemed to be granted under section 151 of the Act;
(b) in the case of any other scheme to which section 44 of the Act applies, where the most recent annual report prepared under section 55 of the Act does not not include a statement required under subsection (3) of that section, or contains the statement but the actuary does not state therein that he is reasonably satisfied that, if he were to prepare an acturaial funding certificate under section 42 of the Act having an effective date of the last day of the period to which the annual report relates, he would certify that the scheme satisfies the funding standard provided for in section 44 of the Act, the trustees shall provide an actuarial funding certificate with an effective date within the twelve month period prior to the date on which the application for authorisation was made.
Authorisation of small schemes.
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paragraphs: For the purposes of section 149(3) of the Act, sections 44, 55, 56 and 59(1B) of the Act are prescribed.
Form of notification.
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paragraphs: For the purposes of section 151 of the Act the notification shall—