Irish legislation updates

New restrictions on the use of contractual retirement ages took effect on 29 June 2026

The Employment (Contractual Retirement Ages) Act 2025 Commencement Order 2026 has been published, bringing the Act into force on 29 June 2026.

The 2025 Act introduces measures which will allow employees to notify their employer if they do not consent to retire at the contractual retirement age (“CRA”) which is provided for in their contract. This is applicable to employees who have a CRA which is less than the age at which the State pension is payable, currently 66. The Act provides that an employee may notify their employer that they do not consent to retire at the CRA, and where such notification is given, an employer may not enforce the CRA in circumstances where the employee is less than 66, unless the retirement of the employee in question is objectively and reasonably justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.

The Act introduces penalties for employers who fail to meet their obligations under section 5 (notification and enforcement of the CRA) or section 8 (protection from penalisation) of the Act, allowing employees to bring a claim before the Workplace Relations Commission (“WRC“) within 6 months of the dispute arising. Separate criminal liability is also created for certain breaches. In particular, where an employer fails to provide a reasoned written response to an employee’s notification within one month, without reasonable cause for the failure, the employer commits an offence punishable on conviction by a class A fine (currently up to €5,000), imprisonment for up to 12 months, or both.

Many occupational pension schemes, both defined benefit and defined contribution, have their rules built around a “normal retirement date” which often corresponds to, or is linked to, an employee’s CRA. Where employees exercise their new right not to consent to retire at CRA, a number of important questions arise from a pensions perspective, including ongoing benefit accrual, payment of contributions, the timing of members’ benefit entitlements, interactions between scheme rules and the new statutory framework, and the implications for scheme documentation and member communications.

Considerations may also arise in relation to insured benefits such as death in service benefits provided through pension schemes. For defined benefit schemes in particular, there may also be actuarial and funding dimensions to consider. There are several different approaches and solutions that schemes and employers may wish to consider, but the most appropriate course of action is likely to vary depending on the structure of the scheme, the approach of the employer to the Act and the composition of the workforce in question.

Revised Code of Practice on Longer Working published on 29 June 2026

The Workplace Relations Commission published an updated Code of Practice on Longer Working (Industrial Relations Act 1990 (Code of Practice on Longer Working) (Declaration) Order 2026, S.I. No. 246 of 2026) on 29 June 2026, replacing the 2017 Code, to incorporate guidance on the new statutory right created by the Employment (Contractual Retirement Ages) Act 2025. The Code addresses procedure only: notification and response timelines, the objective justification test, and template letters and policies. It does not contain any rules on pension scheme benefits, contributions, or death-in-service cover; it flags pension implications only as a question for the employer and employee to consider, without saying how it should be answered.

New automatic enrolment retirement savings system regulations effective from 1 June 2026

S.I. No. 215 of 2026 has come into effect from 1 June 2026, amending the Principal Regulations by the insertion of Part 7A, which establishes a detailed data protection framework for the Automatic Enrolment system. The new provisions prescribe the permissible types and forms of processing, limiting these to processing which is necessary and proportionate for compliance with legal obligations under the 2024 Act, for the performance of tasks carried out in the public interest or in the exercise of the Authority’s official functions.

The Regulations also specify the persons to whom personal data may be disclosed by the Authority, namely: specified bodies within the meaning of section 108(5) where it is necessary for the performance of their functions under the 2024 Act; service providers under section 32; and the Minister for Enterprise, Tourism and Employment and the Workplace Relations Commission to such extent as is permissible under section 109(1).

The Regulations introduce a range of safeguards which the Authority is required to adopt to protect the fundamental rights and freedoms of data subjects in the processing of personal data, including special categories of personal data under the Act. These safeguards include ensuring appropriate security when processing data, through technical and organisational measures, imposing access limitations, providing specific targeted data protection training to staff and where it is deemed necessary by the Authority, holding data on an encrypted or pseudonymised basis and maintaining logging mechanisms to verify access.

Finally, the Regulations amend the fixed payment notice provisions by introducing a prescribed amount of €250 in respect of offences under sections 50(8) and 53(9) of the 2024 Act, which relate to an employer’s failure to give notice to an employee of the determination of their employment and the date of that enrolment.

Pensions Authority updates

Introduction of eXtensible Business Reporting Language (XBRL) reporting for pension schemes

The Pensions Authority has announced that pension schemes will in future be required to report certain scheme data using a structured reporting format called XBRL. This is part of a move towards more forward‑looking, risk‑based supervision, which depends on more detailed, accurate and timely data. The new reporting framework will be aligned with European requirements set by EIOPA and will be introduced on a phased basis, starting with master trusts and the largest 25 defined contribution and defined benefit schemes from Q3 2026, with a wider rollout planned for Q4 2026.

Trustees should be aware that, while administrators will typically prepare and submit the data, trustees remain ultimately responsible for what is reported to the Authority. At this stage, the Authority is asking trustees to begin preparing by engaging with their administrators and system providers to assess whether current systems can produce the required data in the new format, and to start thinking about how existing data will need to be mapped. Further guidance and engagement are expected before any formal reporting obligations apply more broadly across the sector.

Pensions Authority publishes its supervisory activities report for 2025

On 8 May 2026, the Pensions Authority published its supervisory activities report for 2025. The report sets out the key findings and regulatory messages arising from the Authority’s supervisory work in 2025, against the backdrop of planned scheme authorisation legislation expected later in 2026. The Authority highlights that a significant number of occupational pension schemes reviewed exhibited what the Authority designates as “high” or “medium‑high” risk findings, particularly in relation to governance, risk management and trustee oversight. The Authority has indicated that such findings would need to be remediated for schemes to obtain and retain “authorised” status. Common weaknesses identified include poor documentation and follow‑up of trustee decisions, inadequate Own Risk Assessments, weak oversight of administrators and outsourced service providers, shortcomings in investment objective setting and monitoring, and failures to properly identify, document and manage conflicts of interest.

Looking ahead, the Authority indicates that supervision in 2026 will become increasingly risk‑based, with expanded data collection and more targeted engagement with both DB and DC schemes.  

Update on DORA registers of information

The Pensions Authority has confirmed that the next formal collection of Registers of Information (“ROIs”) under DORA will take place in 2028, following changes agreed by the European Supervisory Authorities. Full EU‑level assessments of critical Information and Communication Technology (“ICT“) providers will now occur once every three years, and Irish occupational pension schemes are currently excluded from interim assessment exercises. The 2028 collection will be based on a 31 December 2027 reference date.

Importantly, this deferral relates only to regulatory submission timing. Trustees remain subject to the ongoing obligation under DORA to maintain and keep their ROI up to date. ROIs must be updated promptly where information changes and reviewed at least annually, including where changes arise indirectly, such as through ICT subcontracting by administrators or other service providers.

The Authority has emphasised governance expectations in this area. Trustees should ensure that ROI reviews are clearly documented, for example in trustee meeting minutes, and that DORA considerations are embedded into decision‑making on new or changed ICT arrangements, particularly where services support critical or important functions.

Overall, while the update provides a temporary postponement in reporting timelines, it reinforces that ROIs should be treated as a living governance document, not a one‑off compliance exercise.

Pension Benefit Statement projection assumptions

The Pensions Authority has published updated guidance (version 1.3) on the assumptions to be used when preparing pension benefit projections in Pension Benefit Statements (“PBS”) under the IORP II disclosure regime. The guidance, effective from 1 July 2026, sets out the parameters trustees must apply when determining projected benefits, with the objective of ensuring projections are fair, clear and not misleading for members. The update maintains consistency with recent revisions to the Society of Actuaries in Ireland guidance and reflects current regulatory expectations.

For trustees, the guidance reinforces the obligation to ensure that PBS projections are prepared using the Authority‑prescribed assumptions, including the requirement to show both best estimate and unfavourable scenarios where projections are based on economic assumptions.

Derogation for one-member arrangement pension schemes ended on 21 April 2026

One-member arrangements (“OMAs”) established before 22 April 2021 were, until recently, exempt from the obligations introduced by the European Union (Occupational Pension Schemes) Regulations 2021. This exemption expired on 21 April 2026. Notwithstanding the EU principle of proportionate implementation of the IORP regime, the expectation of the Pensions Authority is that OMAs will implement the full range of IORP regime measures provided for in the Pensions Act, with failure by trustees to comply with their obligations potentially resulting in prosecution by the Pensions Authority. The additional measures include appointment of risk and internal audit key function holders, minimum experience and qualification obligations for trustee boards, additional investment rules, including obligations relating to regulated investments and diversification and preparation of an own-risk assessment. 

Financial Services and Pensions Ombudsman updates

FSPO 2025 complaints overview

The Financial Services and Pensions Ombudsman (“FSPO”) has published its Overview of Complaints for 2025, showing continued growth in complaints across financial services and pension providers, with 7,004 complaints received and 6,282 complaints closed during the year. Pension complaints accounted for 276 cases, representing around 4% of all complaints and a decrease compared with 2024. The vast majority of complaints, including in the pensions area, were resolved without formal adjudication. 88% of complaints closed in 2025 concluded within 12 months. This reinforces the FSPO’s stated focus on resolving disputes quickly and informally where possible.

While only a small number of pension complaints proceed to formal investigation, the legally binding pension decisions issued in 2025 provide useful insights into the types of issues that are most likely to escalate. In 2025, the FSPO issued seven legally binding decisions relating to pension products. These were concentrated overwhelmingly on administrative and processing issues, rather than on benefit design or funding. The most common category concerned pension transfers, with complaints alleging maladministration, delays in processing transfer instructions, failure to act on member instructions in a timely manner, and inadequate or delayed communications during the transfer process. Only one transfer case was partially upheld, with the remainder rejected where providers could demonstrate that reasonable processes had been followed.

A second group of decisions related to customer service and communications, including complaints about delays, failure to provide information on investment performance or fund switching, and general dissatisfaction with how member queries were handled. These complaints were rejected where the FSPO was satisfied that, while service levels may not have met the complainant’s expectations, there was no maladministration or breach of obligations.

Revenue updates

Updates to Chapter 4 of the Revenue Pension Manual

Revenue has published an updated version of Chapter 4 of the Pensions Tax and Duty Manual (Contributions by Employers), last updated in April 2026. The most significant change is the removal of the previous requirement that employer contributions be “meaningful”. This has been replaced by objective minimum contribution thresholds linked to the Automatic Enrolment Retirement Savings System. For defined contribution schemes and PRSAs, specific minimum employer and overall contribution levels are now set out, while for defined benefit schemes the test focuses on whether continuing service accrues a “long service benefit” under the Pensions Act 1990.

The updated guidance also simplifies the treatment of special employer contributions. The detailed and formula-driven rules formerly used to determine the spread of tax relief have been removed, with Revenue now adopting a more principles-based approach. In broad terms, spreading will not normally be required where special contributions do not exceed ordinary annual contributions in the same chargeable period, and any required spread will generally be limited to a maximum of five years. This represents a material simplification of the previous position.

Other notable changes include a more permissive approach to the refund of employer contributions paid in error, with the removal of the previous €5,000 monetary cap.

Updates to Chapter 28 of the Revenue Pensions Manual

Revenue has updated Chapter 28 (Imputed Distributions from Approved Retirement Funds and Vested Personal Retirement Savings Accounts and Vested PEPPs) of the Revenue Pensions Manual primarily to remove references to AMRFs, which were abolished under the Finance Act 2021. 

Updates to Chapter 29 of the Revenue Pensions Manual

Chapter 29 (Dual Private/Public Pension Scheme Encashment Option) of the Revenue Pensions Manual has been updated to reflect the provisions of the Finance Act 2024 which provide that the standard fund threshold will increase to €2.2 million in 2026, €2.4 million in 2027, €2.6 million in 2028 and €2.8 million in 2029.

UK regulatory updates

Pensions Administration Standards Association AI in pensions administration guidance

Recent UK guidance entitled Use of AI in Pensions Administration – Embrace the Opportunity with Caution from the Pensions Administration Standards Association highlights both the growing use of AI in pensions administration and the need for caution in its deployment. While AI is already being used by administrators to improve efficiency and member service, for example through chatbots, document processing and fraud detection, the guidance stresses that AI systems are only as reliable as the data underpinning them and should augment, not replace, human judgement.

A key theme is risk management and governance. Trustees are encouraged to understand how and where AI is being used by their administrators, the quality and security of the data being processed, and the extent of human oversight built into AI‑driven processes. Particular risks identified include data privacy and security, embedded bias, lack of transparency in AI decision‑making, and over‑reliance on automated outputs without appropriate review.

Although the guidance is UK‑focused, the messages are relevant for Irish trustees, particularly where scheme administration or data processing is outsourced to providers using AI tools. Trustees should ensure they can demonstrate appropriate oversight, ask clear questions of their administrators about AI use within their scheme, and remain satisfied that all material decisions affecting benefits continue to be made by trustees with appropriate advice, rather than by automated systems.

European updates

SFDR 2.0 – sustainability disclosures and occupational pension schemes

The Commission has also published proposals to overhaul the Sustainable Finance Disclosure Regulation, commonly referred to as SFDR 2.0. While SFDR applies primarily to financial products, occupational pension schemes are within scope indirectly through their investment arrangements, and the proposed changes are therefore of interest to trustees.

The revised framework would simplify product classifications and disclosure requirements, but concerns remain that the new regime is largely designed with retail investment products in mind rather than long‑term, liability‑driven pension schemes. Industry bodies are actively advocating that occupational pension schemes should either be excluded from mandatory product categorisation or be subject to a more tailored approach. Trustees should be aware that further change is likely in this area, but also that application to pension schemes may be delayed compared to other financial products.

European Insurance and Occupational Pensions Authority (“EIOPA”) IORP Risk Dashboard for Q4 2025 published

On 30 April 2026, EIOPA published its latest IORP Risk Dashboard, covering data up to Q4 2025 and market developments through end‑March 2026. It highlighted that market risk remains the main concern, driven by geopolitical uncertainty and inflation, while digital and cyber risks continue to grow in importance. It highlighted however, that despite these concerns, defined benefit IORPs showed stronger funding positions overall, supporting the view that robust governance under IORP II is helping to improve resilience.

Case law updates

State secures Supreme Court appeal over decision in Jones v Minister for Public Expenditure NDP and Reform

A Supreme Court panel has granted leave to appeal the High Court’s decision that it was unconstitutional to deny a bereaved partner a spouse’s pension. The couple had lived together for almost 25 years. In the High Court case, it was held that it was irrational to distinguish between a surviving spouse or civil partner and a surviving cohabitant, given that the purpose of the pension scheme is to provide financial support to the contributor’s surviving partner.

The Minister for Public Expenditure secured leave to appeal directly to the Supreme Court, bypassing the Court of Appeal, on the basis that the case raises issues of general public importance, particularly the potential knock-on effects for private occupational pension schemes and employer’s ability to plan for employee benefits.

The case follows the Supreme Court’s 2024 ruling in O’Meara which found the exclusion of an unmarried father from the widower’s contributory pension to be unconstitutional, and which prompted the Government to introduce the Bereaved Partner’s (Contributory) Pension for qualified cohabitants.

Pysz v New Ireland Assurance Company Plc [2026] IEHC 165

In Pysz v New Ireland Assurance Company Plc [2026] IEHC 165, the High Court confirmed that where a pension‑related complaint has been fully determined by the FSPO, the complainant cannot subsequently bring court proceedings seeking to re‑litigate the same issues if no statutory appeal is taken. The case concerned an alleged mis‑selling of a PRSA, but the principles apply equally across pensions and financial services disputes.

The Court reaffirmed that FSPO decisions form part of a closed statutory dispute resolution framework. Once a matter has been adjudicated by the FSPO, it is final and binding unless appealed to the High Court within the statutory timeframe. Attempts to reframe the same grievance as negligence or misrepresentation claims were held to be barred by the doctrine of res judicata and struck out as an abuse of process.

For trustees of Irish defined benefit schemes, the decision is of interest from a governance and risk perspective. Trustees are increasingly involved in, or affected by, member complaints handled through the FSPO, often relating to administration, communications or insurer actions. The judgment provides reassurance that a properly concluded FSPO process should deliver closure and limit the risk of repeated or parallel litigation arising from the same underlying issues.

For more information on anything discussed in this update, please contact a member of our Pensions and Employee Benefits Group.