The Gazette 1991

g a z e t t e

april

1991

relation to schemes). The Act

confers on the Board the power to

determine whether or not there is

a conflict under any of those Parts

and to determine disputes under

Part VII (equal treatment for men

and women). In so determining, the

Board is obliged to take account of

any representations made to it.

While representations may be

made by "any persons concerned",

the Act does not clarify who these

are, but one must assume that they

would include the trustees, the

emp l oye rs and any member

involved. The Board is given power

to hold an oral hearing in con-

nection w i th any determination. If

an oral hearing is held the person

holding the hearing may require any

person to attend and give evidence

at the hearing or to produce any

documents which may be required,

failure to comply wi th which will be

an offence. While the Act does

specify some procedural require-

ments incidental to the holding of

a hearing, the procedures at the

hearings are to be prescribed by

regulations. Interestingly, any

person concerned may be order-

ed to pay the reasonable ex-

penses of any other " p e r s on

concerned" in connection w i th the

hearing.

"The Board is given power to

hold an oral hearing in

connection with any determina-

tion."

Despite the mechanism for the

Board to determine any conflict,

there may be difficulties in practice

in implementing the relevant pro-

visions of the Act. The relevant

sections (38, 53 and 58) provide

that the provisions of the relevant

Part of the Act, of any regulations

made thereunder and of any

schedule related thereto override

any provision of a scheme to the

extent that the scheme provision

conflicts w i th the provisions of the

Act, etc. The sections go on to

provide t hat the Board is to

determine whether any relevant

provision conflicts w i th a scheme

provision. The difficulty for trustees

and practitioners will be that a

determination that there is such a

conflict may result in a defective or

unclear section overriding the

relevant provisions of the scheme.

So it is possible that where there

is a doubt as to the effect of a

pa r t i c u l ar

s e c t i on

and

t he

constitution of a scheme attempts

to provide an answer, that attempt

may be set aside.

Specific duties end obligations

The Act imposes a number of

specific duties and obligations on

trustees, in addition to any imposed

under the deed and rules of any

particular scheme and to the

general duties under s.59.

The Mi n i s t er by order has

brought into operation ss.60 and 61

w i th effect from 1st January 1991,

so that an initial duty of trustees

will be to register the scheme

within the time limits provided by

the Act, effectively by 1st January

PENSION SCHEME TRUSTEES

PRESERVATION OF BENEFITS

FUNDING STANDARDS

DISCLOSURE OF INFORMATION

What does the Pensions Act mean for Pension

Scheme Trustees?

Will it mean added responsibilities?

What should Trustees do now to avoid

problems later?

Coyle Hamilton can provide the answers.

Our Trusteeship Training Courses cater for

new and experienced Trustees, and provide a

practical approach to the problems of

Trusteeship.

For further details contact:

Des O'Sullivan at: Phone 01-616211, Fax 01-611321

COYLE

7/9 South Leinster Street,

Dublin 2.

Tel: 616211 Fax: 611321

89 South Mall,

Cork.

Tel: 277505 Fax: 277127

Crescent House,

Upper Hartstonge Street,

Limerick.

Tel: 316288 Fax: 319609

HAMILTON

Employee Benefits

& Investments