Oireachtas Joint and Select Committees

Wednesday, 19 November 2014

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance

Finance Bill 2014: Committee Stage (Resumed)

11:20 am

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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I move amendment No. 24:


In page 32, to delete lines 18 to 33 and substitute the following:“(b) Where, in accordance with section 787S(3), a subsequent administrator or a fund administrator (in this paragraph referred to
as the ‘administrator’) is liable to pay the amount of a nonmember’s appropriate share (within the meaning of section 787R(2A)(b)) of tax arising on a chargeable excess, or a part of that amount, the administrator shall, for the purposes of payment of the tax, be entitled to dispose of or appropriate such assets of—
(i) the transfer arrangement as represent the non-member’s accrued rights under that arrangement, or
(ii) the approved retirement fund, approved minimum retirement fund (or where the non-member has an approved retirement fund and an approved minimum retirement fund, of both funds)or vested PRSA (or vested PRSAs, where the non-member has more than one vested PRSA), as the case may be, (in this subsection referred to as the ‘fund’), as are required to meet the amount of the tax so payable and the non-member shall allow such disposal or appropriation.
(c) Where in pursuance of this subsection and section 787S(3) a subsequent administrator reduces a non-member’s pension benefit or disposes of or appropriates an asset of the transfer arrangement, or a fund administrator disposes of or appropriates an asset of the
fund, then no action shall lie against the subsequent administrator or the fund administrator in any court by reason of such reduction,
disposal or appropriation.”,”.