S.I. No 4 of 2003

OCCUPATIONAL PENSION SCHEMES (DISCLOSURE OF INFORMATION) (AMENDMENT) REGULATIONS 2003

The Minister for Social and Family Affairs, in exercise of the powers conferred on her by sections 5 and 54 of No. 25 of 1990 ), section 3 of the European Communities Act, 1972 ( No. 27 of 1972 ) and for the purpose of giving effect to Council Directive No. 98/49/EC of 29 June 1998^* hereby makes the following Regulations:

Citation.

1.     (1) These Regulations may be cited as Occupational Pension Schemes (Disclosure of Information) (Amendment) Regulations, 2003.

(2) These Regulations and the Occupational Pensions Schemes (Disclosure of Information) Regulations, 1998 to 2000 shall be construed together as one and may be cited as the Occupational Pensions Schemes (Disclosure of Information) Regulations 1998 to 2003.

Information to scheme members.

2. Article 10 of the (Occupational Pensions Schemes (Disclosure of Information) Regulations, 1998 is amended by the insertion after subsection (4) of the following subsection:

“(5) The trustees of a scheme shall

furnish in writing the information

specified in Schedules D to G of these

Regulations to the same extent to or in

respect of scheme members who move to

another Member State as to or in respect

of scheme members who remain within the

State.”.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations provide for the implementation of Article 7 of Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self employed persons moving within the Community, (the Mobility Directive).

Article 7 of that Directive requires Member States to take measures to ensure that employers, trustees and others responsible for the management of pension schemes provide adequate information to members when they move to another Member State to the extent that information is given to members who remain in the State.

This Regulation inserts a new Article 10(5) into the Occupational Pension Scheme Disclosure Regulations whichprovides for this requirement.

*O.J. No L209, 25.7.98, p.46-49.