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Outgoing Workers: EU Supplementary Pension Rights Reg 2019

Outgoing Workers: European Union (Supplementary Pension Rights) Regulations 2019

The European Union (Supplementary Pension Rights) Regulations 2019 (S.I. No. 447 of 2019) (the Regulations) came into force on 13 September 2019.

The purpose of the new Regulations is to facilitate the right of workers to freedom of movement between EU member States by reducing obstacles created by certain rules of supplementary pension schemes linked to employment. 

1. Joins an Irish Pension plan having previously worked in another EU member state where they were a member of a supplementary pension plan or

2. A person leaving an Irish Pension plan who is going to work in another EU country

The Regulations give three specific rights to 'Outgoing Workers'.

These are

  1. A right to a refund of pension contributions where service in relevant employment terminates and the Outgoing Worker is not entitled to a preserved benefit under a scheme;
  2. a prohibition on trustees of a scheme making a transfer payment in respect of an Outgoing Worker who is entitled to a preserved benefit under a scheme without having first obtained the written consent of the Outgoing Worker to the transfer payment; and
  3. a right of an Outgoing Worker to join a scheme which applies to their employment (if any) within a period of no longer than 12 months after commencing employment.

To find out more about the legislation and the process implemented by Irish Life read in our summary note which outlines the impact of the Outgoing Workers legislation and our Member Declaration Form.