Claims under Insolvency Act

Protection of Employees (Employers’ Insolvency) Acts, 1984-2004: Claims for unpaid contributions to defined contribution schemes

31 August, 2006: Following representations by the Board to the Department of Enterprise, Trade and Employment in relation to claims being made, under the Protection of Employees (Employers’ Insolvency) Acts, 1984-2004 (the Act), in relation to unpaid contributions to a defined contribution scheme where the employer has become insolvent, the Department has agreed to amend the requirement for an actuarial certificate to be provided (Form EIP7) before processing the claim. The waiver was granted on the basis that a claim under Section 7 of the Act will always be the amount of the unpaid contributions.

Hopefully this amendment will accelerate any claims that need to be made in the future. The amended form is on the Department of Enterprise, Trade and Employment website (www.entemp.ie) and the reference to ‘Relevant Officer’ means the appointed liquidator. A link to the form is provided below, see section entitled ‘Insolvency Payment Forms’:

http://www.entemp.ie/forms/index.htm#insolvency