Practice Areas Pensions Law
Share This

Pensions Law

ByrneWallace is one of Ireland’s leading law firms advising on pensions law. 
Our team have extensive experience advising on all aspects of pensions law to employers, private and public sector, corporates, pension scheme trustees and members, and private individuals across a broad range of industry sectors.

We have significant expertise providing a full range of pensions law services including advising on the set up, administration and governance of pensions schemes, including public sector and occupational pension schemes; drafting and amending pension scheme documentation; restructuring pension schemes; the application of pensions regulatory and tax legislation including the implementation of the IORP II Directive; trusteeship and scheme governance; advising on the pensions aspects of corporate M&As and reorganisations; and advising on pensions disputes and pensions litigation. 

Our team work closely with expert lawyers in employment, corporate, data protection, banking & finance, and litigation to provide a seamless and fully integrated service to our clients. In particular, we work with our colleagues in the Employment Law Team to advise on the pension provisions of contracts of employment, the negotiation of settlement agreements, and the resolution of pension disputes.


Our Services

Pension Schemes

  • Establishment and day-to-day operation of Revenue approved pension schemes, death in service and disability benefit schemes
  • Revenue approval
  • Registration with Pensions Authority


Pensions and benefits

  • Scheme trust documentation
  • Trusteeship issues
  • Obligations of trustees, registered administrators and insurers
  • Pension legislation and case law
  • Equal treatment and family law (pension adjustment orders)
  • Complex death in service claims


Scheme Documentation

  • Trust documentation for new and/or existing Schemes
  • Member’s explanatory booklets
  • Disclosure of information
  • Scheme governance documents and policies


Pensions Advisory

  • Employee benefit structures
  • Scheme amendments
  • Pensions regulatory issues and compliance
  • Pension scheme restructuring and wind ups
  • Investment and liability management issues
  • Changes to normal retirement dates


Trusteeship

  • Removal and appointment of Trustees
  • Implementation of the IORP II Directive
  • Trustee qualifications and experience
  • Trustee training


IORP II Directive

  • Trustee governance including the implementation of the IORP II Directive
  • Scheme governance policies and agreements
  • Conflicts of interest 
  • Appointment of Key function holders
  • Codes of Governance


M&A and Business transfers
 

  • Due diligence in acquisitions
  • Negotiation of pension warranties and indemnities
  • Transfers of undertakings 
  • Pensions exception and Beckmann liabilities


Dispute Resolution

  • Internal disputes resolution procedures
  • Financial Services & Pensions Ombudsman
  • Mediation or arbitration or legal proceedings
  • Negotiated outcomes


Data, GDPR and information 

  • Privacy Notices and Data Protection policies
  • GDPR terms of engagement
  • Data Subject Access Requests
  • DSAR policies


Terminating employment

  • Exit packages – taxation and pensions