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Trustees and pension schemes in Ireland

Author

Listed:
  • Jim Stewart
  • Bridget McNally

Abstract

Purpose - – This article aims to highlight the gap between the legal responsibilities and the practice of pension fund trustees in Ireland. Design/methodology/approach - – The paper relies on primary and secondary data analysis of trustee practice and enforcement cases to highlight the gap between law and practice. Findings - – The article finds that there is an inconsistency between legal requirement and practice in the calibre of trustee and trustee training across Irish occupational pension schemes. This has adverse consequences for pension governance and performance. Practical implications - – The findings raise the question as to whether there should be mandatory qualifications for trustees or mandatory standardised trustee training in a prescribed format, with which trustees should comply. It also questions whether there should be a governance code for trustees to ensure a minimum standard or target level of competence and good governance on the part of pension scheme trustees. Originality/value - – There is a distinct lack of emphasis in the literature and in practice on the inconsistency between the extent of the responsibilities which trustees ultimately carry, and the legal exposure this potentially creates for trustees who unduly rely on other trustees or third parties in the trustee decision making process.

Suggested Citation

  • Jim Stewart & Bridget McNally, 2014. "Trustees and pension schemes in Ireland," Journal of Financial Regulation and Compliance, Emerald Group Publishing Limited, vol. 22(1), pages 2-14, February.
  • Handle: RePEc:eme:jfrcpp:v:22:y:2014:i:1:p:2-14
    DOI: 10.1108/JFRC-12-2012-0051
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    References listed on IDEAS

    as
    1. Clark, Gordon L. & Caerlewy-Smith, Emiko & Marshall, John C., 2006. "Pension fund trustee competence: decision making in problems relevant to investment practice," Journal of Pension Economics and Finance, Cambridge University Press, vol. 5(1), pages 91-110, March.
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    Cited by:

    1. Mulcahy, Mark & Beck, Matthias & Carr, Michelle & Hourigan, Niamh, 2019. "Novel approaches to the regulatory control of financial services providers: The importance of cultural context," The British Accounting Review, Elsevier, vol. 51(5).

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