First Tuesday Q&A

The claimant was dismissed by reason of gross misconduct and in particular.

If we change our pension scheme benefits does each member of the scheme have to sign up to the change? We are partly unionised and plan to seek union agreement to any change.

Posted in: First Tuesday Q&A ROI on 02/09/2015 The extent to which a member’s consent may be required to implement changes to pension scheme benefits will depend primarily on their existing terms and conditions of employment, the terms of the pension scheme’s rules and the provision of any agreements which may have been entered into with them. ...
This article is listed under the following topics:
Pensions Collective and Trade Union Issues

For new joiners to the company, can we wait until their probationary period of 6-months has been completed before auto-enrolling them in the pension scheme or must we auto-enrol them before the end of the first 3-months.

Posted in: First Tuesday Q&A ROI on 05/08/2015 Employers must provide employees with access to a Personal Retirement Savings Account (“PRSA”) or access to an occupational pension scheme within 6 months of commencing employment. Therefore, provided employees have access to a PRSA or pension scheme within six months of commencing employment, the ...
This article is listed under the following topics:
Contracts of Employment Pensions Probation

Is it prudent to withhold pension benefits from staff who have been dismissed? Our pension scheme has provisions in it relating to withholding benefits in such cases but it was written over 30 years ago.

Posted in: First Tuesday Q&A ROI on 04/02/2014 Any provision of a scheme that provides for the forfeiture of a preserved benefit or of a minimum contributory retirement benefit is contrary to the Pensions Act 1990 (as amended) (the “Act”). In circumstances where there is a conflict between the Act and a scheme document, the Act overrides any co...
This article is listed under the following topics:
Pensions

Can we force employees to retire if they do not want to leave until they qualify for state pension?

Posted in: First Tuesday Q&A ROI on 07/08/2013 Employees may wish to remain in employment past their contractual retirement age for a number of personal or financial reasons for example; they may wish to remain in service until they are eligible to receive the State pension or are required by economic necessity to continue working. Generally co...
This article is listed under the following topics:
Unfair Dismissal Discrimination and Equality Contracts of Employment Pensions

If we keep employees on for longer, will they qualify for pension at 65 AND still be entitled to full pay?

Posted in: First Tuesday Q&A ROI on 07/08/2013 In Ireland, there is currently no prohibition on employees receiving their pension whilst working and receiving their ordinary remuneration, and subject to the rules of the pension scheme catering for late retirement. Notwithstanding the employee’s right to challenge compulsory retirement, employer...
This article is listed under the following topics:
Contracts of Employment Pensions

If we agree to reduced hours for ‘pensionable’ staff, can they receive pension and part wages i.e. is partial retirement lawful?

Posted in: First Tuesday Q&A ROI on 07/08/2013 Firstly, it is necessary for the employer and pension trustees to review the pension rules to ensure such an arrangement is permitted. From a pension perspective, while there is no legal restriction from such an arrangement, it would be a matter of consulting the pension scheme rules to ensure that...
This article is listed under the following topics:
Contracts of Employment Pensions Pay and Conditions of Employment

If we keep employees on after 65 do they still have to pay into the pension scheme from their wages and do we still have to make employer contributions, even if the scheme rules state they are entitled to receive contractual pension at 65?

Posted in: First Tuesday Q&A ROI on 07/08/2013 Under Irish law, there is no prohibition (other than in the public sector) on employees receiving both their pension and remuneration, unless there is a contrary provision in the pension scheme rules. Usually, pension contributions are discretionary for employers, and the obligation to make pension...
This article is listed under the following topics:
Contracts of Employment Pensions Pay and Conditions of Employment