Written answers

Thursday, 6 February 2025

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

60. To ask the Minister for Finance regarding the transfer of occupational pensions to other EU jurisdictions under the IORP II Directive (Institutions for Occupational Retirement Provision Directive), to provide the number of transfer requests and accompanying declarations signed by the individual concerned that have been submitted each year since 2012 to 2024 and to date in 2025; and if he will make a statement on the matter. [3676/25]

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

61. To ask the Minister for Finance to provide the list of all bona fide reasons for transferring a pension that Revenue will accept; to confirm that transferring a pension for the purpose of avoiding tax is illegal; to confirm that moving a pension funds overseas to circumvent the requirements of Irish tax legislation would not be approved by Revenue and that this would result in the withdrawal of approval and would lead to the claw back of the tax relief previously given; and if he will make a statement on the matter. [3677/25]

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

62. To ask the Minister for Finance the number of approved transfers to pension schemes overseas approved by Revenue each year since 2014, in tabular form; a breakdown by destination country, the average transfer value; the number of transfers that were not approved and the average claw back; and the share of transfers, both approved and not approved, that are for public sector and the share that are private sector workers; and if he will make a statement on the matter. [3678/25]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I propose to take Questions Nos. 60 to 62, inclusive, together.

The Pensions Authority does not receive any declarations and does not approve any transfers to overseas arrangements for individual scheme members and individual PRSA contributors. The requirements to be in a position to process such a transfer payment to an overseas arrangement are on the trustees of the pension scheme or the PRSA provider, as the case may be, and are set out in the Occupational Pension Schemes and Personal Retirement Savings Accounts (Overseas Transfer Payments) Regulations, 2003. - www.irishstatutebook.ie/eli/2003/si/716

At a scheme (i.e. IORP) level, the authorisation requirements to operate an IORP on a cross-border basis within the European Economic Area (EEA), including for transfers between transferring and receiving IORPs, are set out in Part XII of the Pensions Act, 1990, as amended. The IORP II Directive was transposed into Irish law on 22 April 2021 under the European Union (Occupational Pension Schemes) Regulations 2021 and Part XII of Pensions Act, 1990 was amended to provide for the requirements for IORP cross-border activity within the EEA.

At the end of 2022, which is the most up-to-date information available, there were 31 active cross-border IORPs operating within the EEA, 9 of which have a connection to Ireland as follows:

  • 4 active cross-border IORPs are regulated by the Pensions Authority i.e. are authorised in Ireland and include members in other Member States.
  • 9 active cross-border IORPs are regulated by a competent authority in another Member State and have cross border activity with Ireland i.e. have members in Ireland. The home member states for these IORPS are Belgium (8) and Luxembourg (1).
I trust this clarifies the matter for the Deputy.

Comments

No comments

Log in or join to post a public comment.