Vol. 437 No. 6
290 Miss Harney asked the Minister for Enterprise and Employment when a decision will be made on a payment under the 1984 Act to the Receiver of a company (details supplied) in view of the fact that some of these pensioners are suffering hardship and two have died without enjoying any benefit from the scheme; and if he will make a statement on the matter.
My Department has an application from the Receiver of the company in question for payment of £118,813 from the Social Insurance Fund in respect of unpaid contributions to the occupational pension scheme — in accordance with the Insolvency Payments Scheme and the Protection of Employees (Employers' Insolvency) Acts, 1984 to 1991.
The outstanding contributions covered for payment under the Acts are limited to those which both the employer and the employees were liable to pay in respect of the pension scheme during the year prior to the date of the insolvency of the employer. In the case of the employees' contributions, the amount claimed must have been deducted from the pay of the employees but not paid over to the administrator/trustees of the occupational pension scheme. In the case of employers' contributions the amount that may be claimed is the lesser of the following:—
(a) the balance of the employer's contributions remaining unpaid in respect of the twelve months preceding the date of the employer's insolvency or
(b) the amount certified by an actuary to be necessary for the purpose of meeting the liability of the occupational pension scheme on dissolution to pay the benefits provided by the scheme to or in respect of the employees concerned.
In making his application the Receiver has sought to place a particular construction on the 1984 Act notwithstanding certain facts in relation to the scheme.
