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Dáil Éireann debate -
Tuesday, 2 Feb 1988

Vol. 377 No. 3

Written Answers. - County Kilkenny Company Employees.

122.

asked the Minister for Labour, in view of the fact that legislation was introduced to extend the Protection of Employees (Employer's Insolvency) Act for the employees of a company (details supplied) in County Kilkenny which was closed on the 29 November, 1984, if he will now arrange to have the funds distributed to the former employees of this company from the fund asset/pension plan through Irish Pensions Trust Ltd.; and if he will make a statement on the matter.

I understand that moneys available under the pension schemes operated by the group of companies concerned have been distributed by the trustees to the employees. My Department have received two applications under the Protection of Employees (Employers' Insolvency) Act, 1984, from the trustees of occupational pension schemes in the group. The applications are in respect of the employers' outstanding contributions for the year prior to the insolvency of the group of companies in November 1984. The amounts claimed were £191,691.93 and £17,679.80.

The Act requires that applications for payment of outstanding contributions in the case of pension schemes which are non-contributory must be supported by appropriate actuarial certificates. Such certificates have been submitted in the two cases concerned but a question has arisen in regard to the legal interpretation of the relevant provisions of the Act as they affect groups of related companies. I have sought legal advice on this issue which I hope to receive very shortly. I expect that I will then be in a position to make a decision on the applications in respect of the employees of the company specified in the question.

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