department of social and family affairs annual report 2006 - Welfare.ie

scheme that is winding up and which is underfunded.
• Section 43 which provides for an amendment to
section 131 of the Pensions Act in relation to the
functions of the Pensions Ombudsman and the
operation of the Internal Dispute Resolution.
• Section 44 of the Act in so far as it relates to
items 1,2,3,4,5,7,8,9 and 10 of Schedule 8 to the
Act
S.I. 292 of 2006
OCCUPATIONAL PENSION SCHEMES (CROSS-
BORDER) REGULATIONS 2006
These Regulations revoke and replace Regulation
592 of 2005.
Recent case law in Ireland has suggested that a
provision of domestic legislation cannot be used
for the purposes of implementing EC law unless
it is clear that such delegated legislation is clearly
authorised by the primary legislation. To this end,
section 5 of the Pensions Act 1990 was amended
by section 44 of the Social Welfare Law Reform
and Pensions Act, 2006 to expressly state that
regulations made under the Pensions Act may
be used to implement law. Regulation 592 of
2005 was made under section 3 of the European
Communities Act 1972 due to uncertainty with
regard to using the powers under the Pensions
Act. However, now that those powers have been
clarified these regulations are now being re made
under the Pensions Act powers.
S.I. 293 of 2006
OCCUPATIONAL PENSION SCHEMES (TRUSTEE)
REGULATIONS 2006
Recent case law in Ireland has suggested that a
provision of domestic legislation cannot be used
for the purposes of implementing EC law unless
it is clear that such delegated legislation is clearly
authorised by the primary legislation. To this end,
section 5 of the Pensions Act 1990 was amended
by section 44 of the Social Welfare Law Reform
and Pensions Act, 2006 to expressly state that
regulations made under the Pensions Act may
be used to implement EC law. Regulation 594 of
2005 was made under section 3 of the European
Communities Act 1972 due to uncertainty with
regard to using the powers under the Pensions
Act. However, now that those powers have been
clarified these regulations are now being re made
under the Pensions Act powers.
S.I. 294 of 2006
OCCUPATIONAL PENSION SCHEMES (INVESTMENT)
REGULATIONS, 2006
Recent case law in Ireland has suggested that a
provision of domestic legislation cannot be used
for the purposes of implementing EC law unless
it is clear that such delegated legislation is clearly
authorised by the primary legislation. To this end,
section 5 of the Pensions Act 1990 was amended
by section 44 of the Social Welfare Law Reform
and Pensions Act, 2006 to expressly state that
regulations made under the Pensions Act may
be used to implement EC law. Regulation 593 of
2005 was made under section 3 of the European
Communities Act 1972 due to uncertainty with
regard to using the powers under the Pensions
Act. However, now that those powers have been
clarified these regulations are now being re made
under the Pensions Act powers.
S.I. 295 of 2006
OCCUPATIONAL PENSION SCHEMES (FUNDING
STANDARD) (AMENDMENT) REGULATIONS, 2006
Recent case law in Ireland has suggested that a
provision of domestic legislation cannot be used
for the purposes of implementing EC law unless
it is clear that such delegated legislation is clearly
authorised by the primary legislation. To this end,
section 5 of the Pensions Act 1990 was amended
by section 44 of the Social Welfare Law Reform
and Pensions Act, 2006 to expressly state that
regulations made under the Pensions Act may be
used to implement EC law. As these Regulations
implement some aspects of Directive 2003/41
on the activities and supervision of occupational
pensions, Regulations 595 of 2005 are now being
re made under the appropriate Pensions Act
powers including the amended section 5.
S.I. 301 of 2006
OCCUPATIONAL PENSION SCHEMES (DISCLOSURE
OF INFORMATION) REGULATIONS, 2006
Recent case law in Ireland has suggested that a
provision of domestic legislation cannot be used
annual report 2006
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