Written answers

Wednesday, 17 January 2018

Department of Employment Affairs and Social Protection

Pension Provisions

Photo of Bríd SmithBríd Smith (Dublin South Central, People Before Profit Alliance)
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34. To ask the Minister for Employment Affairs and Social Protection if her attention has been drawn to the attempt by a company (details supplied) to unilaterally alter its workers' defined benefit pension scheme; if proposed legislation to protect such schemes will be forthcoming in order to cease such attempts by employers; and if she will make a statement on the matter. [2051/18]

Photo of Regina DohertyRegina Doherty (Meath East, Fine Gael)
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The Deputy will appreciate that I cannot comment on issues relating to a particular pension scheme. However, generally speaking, trustees of pension schemes have duties and responsibilities under trust law, under other relevant legislation and under the Pensions Act. They must administer the trust in accordance with the law and the terms of the trust deed and rules. The provisions of the Pensions Act are enforced by the Pensions Authority so any issues or complaints in relation to a particular scheme should be notified to the Authority for action. The Pensions Authority will assess if there has been a breach of any legal obligations and take any necessary action if such a breach is found.

I intend to introduce a number of amendments to the Social Welfare, Pensions and Civil Registration Bill at Committee Stage which will ensure that a sponsoring employer cannot “walk away” at short notice from the company pension scheme.

The amendments will provide for a 12 month notification period where an employer is seeking to cease making contributions to a scheme. They will also provide that, where a scheme is in deficit and a funding proposal is not been put in place in a timely manner, the Pensions Authority may direct a funding obligation to be paid by the employer to the scheme.

There was not adequate time to include these technical and complex measures in the text of the Social Welfare, Pensions and Civil Registration Bill 2017 at Second Stage. I expect to introduce these amendments to the Bill at Committee Stage in the coming weeks.

I hope this clarifies the matter for the Deputy.

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