S.L. 452.84 Art. 8Occupational pension schemes.

(1) If an employee or persons competent to act in respect of an occupational pension scheme, make a valid claim to the

Administration Board and the Administration Board is satisfied that on the date of insolvency there were relevant contributions remaining to be paid by the employer to the scheme, the Administration Board shall, subject to the provisions of this regulation, pay into the assets of the scheme out of the Fund the sum which in the Administration Board’s opinion is payable in respect of the unpaid relevant contributions.

(2) In this regulation "relevant contributions" means contributions due to be paid by an employer in accordance with an occupational pension scheme, either on his own account or on behalf of an employee:

Provided that for the purposes of this regulation a contribution of any amount shall not be treated as due to be paid on behalf of an employee unless a sum equal to that amount has been deducted from the pay of the employee by way of a contribution from him.

(3) The sum payable under this regulation in respect of unpaid contributions of an employer on his own account to an occupational pension scheme shall be the lesser of the following amounts:

(a) the balance of relevant contributions remaining unpaid on the date on which the employer became insolvent and payable by the employer on his own account to the scheme in respect of the period of twelve months ending on the day immediately preceding that date,

(b) the amount certified to the Administration Board’s satisfaction to be necessary for the purpose of meeting the liability of the scheme on dissolution to pay the benefits provided by the scheme to or in respect of the employees of the employer.

(4) Any sum payable under this regulation in respect of unpaid contributions on behalf of an employee shall not exceed the amount deducted from the pay of the employee in respect of the employee’s contributions to the occupational pension scheme during the period of twelve months ending on the day immediately preceding the date on which the employer became insolvent.

(5) The provisions of subregulations (6), (7) and (8) shall apply in a case where a liquidator has been appointed.

(6) Subject to subregulation (8), the Administration Board shall not, in a case referred to in subregulation (5), make any payment under this regulation in respect of unpaid relevant contributions until it has received a statement from the liquidator of the amount of relevant contributions which appear to have been unpaid on the date on which the employer became insolvent and to remain unpaid; and the liquidator shall, on a request made by the Administration Board, provide the Board as soon as reasonably practicable with such a statement.

(7) Subject to subregulation (8), an amount shall be taken to be payable under subregulation (3) or to have been deducted in the manner referred to in subregulation (4), only if it is certified by the liquidator as being so payable, or to have been so deducted.

(8) The Administration Board may, if the applicant so requests or, if the Administration Board thinks fit, without such a request, make a payment under this regulation, notwithstanding the fact that no statement or certificate referred to in subregulation (6) or (7) has been received, if -

(a) a period of six months has elapsed since the application for a payment under this regulation was received by the Administration Board, but no such payment has been made,

(b) the Administration Board is satisfied that a payment under this regulation should be made, and

(c) it appears to the Administration Board that there is likely to be further delay before it receives a statement or certificate about the contributions in question.