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IORP II Compliance Overview

PensionPortal.ai is purpose-built to help Irish occupational pension scheme trustees meet their obligations under the IORP II Directive (EU 2016/2341) as transposed into Irish law via S.I. 128/2021 and the Pensions (Amendment) Act 2022, with requirements consolidated in Part VIB of the Pensions Act 1990.

Key Obligations at a Glance

ObligationDirective ArticleIrish ImplementationPensionPortal Feature
System of GovernanceArt. 21Part VIB Pensions ActGovernance Policy Manual
Own-Risk Assessment (ORA)Art. 28S.64ALORA Report Generator
Key Function HoldersArt. 21(5)S.64ANKFH Appointment Pack
Fit & ProperArt. 23S.64AVKFH Questionnaires
OutsourcingArt. 31S.64AKOutsourcing Register
Data StrategyArt. 21(5)(f)S.64AIData Governance Module
ACS (DB schemes)Art. 27S.64AMACS Builder

OMA Deadline: 22 April 2026

One-Member Arrangements (OMAs) established before 22 April 2021 have been granted a transitional derogation from full IORP II governance requirements under Article 5 of IORP II.That derogation expires on 22 April 2026.After this date, every OMA — regardless of size — must comply fully with IORP II requirements including:
  • Four Key Function Holder (KFH) appointments
  • A completed Own Risk Assessment (ORA)
  • A full suite of written governance policies
  • Pensions Authority notification of KFH appointments
There are estimated to be thousands of OMAs in Ireland that have not yet begun this transition. The Pensions Authority has signalled that it will focus supervisory attention on OMA compliance as the deadline approaches. Trustees who fail to transition face personal liability and regulatory intervention.PensionPortal.ai’s OMA Transition Module provides a guided, deadline-tracked pathway to full compliance. Start your OMA transition →

What IORP II Requires

IORP II is not a disclosure regime — it is a governance regime. The directive requires pension scheme trustees to implement and maintain:

System of Governance (Article 21 IORP II)

Every IORP must have in place an effective system of governance that provides for sound and prudent management of the scheme. This includes:
  • A set of written governance policies (investment, risk management, remuneration, contingency, outsourcing, internal audit, actuarial where applicable)
  • A risk management function
  • An internal audit function
  • A compliance function
  • An actuarial function where the scheme provides biometric risk coverage, investment performance guarantees, or defines benefit levels
Policies must be reviewed at least every three years or following any significant change.

Key Function Holders (Article 21(5) IORP II)

Four Key Function Holders must be appointed, each with specific statutory responsibilities:

Risk Management KFH

Statutory responsibility for the risk management function, including maintaining the risk register, leading the ORA process, and reporting annually to the trustee board. (Article 25)

Internal Audit KFH

Functionally independent oversight of internal controls. Must produce an annual audit plan, log findings, and track remediation. (Article 26)

Actuarial KFH

Required where the scheme provides biometric guarantees or defined benefits. Responsible for the Annual Contribution Schedule (ACS) and actuarial assumptions. (Article 27)

Compliance KFH

Oversight of compliance with all regulatory obligations. Manages Pensions Authority correspondence, regulatory submissions, and the compliance monitoring programme. (Article 24)

Own Risk Assessment (Article 28 IORP II / Section 64AL Pensions Act)

Trustees must conduct and document a forward-looking own risk assessment at least every three years, or after any significant change in risk profile. The ORA must cover the scheme’s overall risk profile, risk tolerance, and risks to members and beneficiaries. Full ORA guidance →

Outsourcing (Article 31 IORP II / Section 64AK Pensions Act)

All outsourcing of functions or activities must be governed by a written agreement meeting statutory minimum standards. Trustees must notify the Pensions Authority when outsourcing a key function. Fiduciary responsibility cannot be outsourced. Outsourcing rules →

The Pensions Authority’s Supervisory Approach

The Pensions Authority is the competent authority for IORP II supervision in Ireland under the Pensions Act 1990 as amended. Its supervisory model is risk-based: resources are directed at schemes where governance failures pose the greatest risk to member outcomes. How the Pensions Authority conducts reviews:
The Pensions Authority’s primary supervisory tool. Trustees receive a structured information request and must provide documentation — governance policies, ORA, KFH appointment records, outsourcing agreements — within a defined timeframe. Failure to provide adequate documentation is itself a compliance issue.
The Pensions Authority may visit a scheme’s premises (or those of its administrators) to inspect records and interview trustees or service providers. Inspectors have statutory powers to require access under the Pensions Act 1990.
Sector-wide reviews focused on a specific compliance area. The Pensions Authority has conducted thematic reviews on governance policies, ORA quality, and KFH appointment completeness. OMA compliance is expected to be a thematic focus in 2025 and 2026.
Scheme events — wind-ups, mergers, transfers, member complaints, whistleblower reports — can trigger supervisory engagement. The Pensions Authority may also act on intelligence from its annual scheme return data.
What the Pensions Authority looks for:
  • Current, board-approved governance policies (not templates — scheme-specific documents)
  • A completed, dated, and signed ORA with evidence of board discussion
  • KFH appointment records including fit and proper assessments
  • Written outsourcing agreements covering all statutory requirements
  • Evidence of trustee training and ongoing fitness and probity
  • Minutes of trustee meetings evidencing governance in practice

The Cost of Non-Compliance

IORP II non-compliance is not a theoretical risk. The consequences for trustees are real, personal, and potentially severe.
Trustees face personal liability for governance failures. The Pensions Act 1990 does not limit trustee liability to scheme assets in cases of breach of statutory duty. Trustees who fail to meet IORP II obligations may be personally liable for losses to members.
Pensions Authority enforcement powers include:
PowerStatutory BasisEffect
DirectionSection 63C Pensions ActCompels trustees to take specific actions
ProhibitionSection 63D Pensions ActProhibits trustees from acting
Appointment of AdministratorSection 63E Pensions ActReplaces trustee control
ProsecutionSection 3 Pensions ActCriminal liability for certain breaches
Wind-up DirectionSection 48 Pensions ActScheme compulsorily wound up
Fines for regulatory offences under the Pensions Act can reach €50,000 on summary conviction, with higher penalties on indictment. The Pensions Authority publishes enforcement actions, creating reputational consequences beyond the legal penalties.

PensionPortal.ai: Your IORP II Compliance Cockpit

PensionPortal.ai provides trustees with a single, integrated platform that covers every IORP II compliance obligation — from policy management to ORA generation, KFH appointment packs to the outsourcing register.

Governance Policy Manager

Version-controlled policy registry with review cycle tracking. Policies are scheme-specific, board-approved, and stored with a full audit trail.

ORA Report Generator

Structured ORA workflow covering all Pensions Authority-required risk categories. AI-assisted narrative with mandatory human review and board sign-off gate.

KFH Appointment Pack

End-to-end KFH appointment workflow: fit and proper questionnaire, appointment letter, Pensions Authority notification template, and ongoing reporting schedule.

Outsourcing Register

Centralised register of all outsourcing arrangements with contract metadata, performance monitoring, and notification status.

OMA Transition Module

Guided 12-step compliance pathway for OMAs transitioning before 22 April 2026. Deadline tracker, task assignment, and evidence bundle generation.

Supervisory Review Readiness

Export a regulator-ready evidence pack at any time. Time-stamped, auditable documentation formatted to meet Pensions Authority desk review requirements.

Regulatory Authority

The Pensions Authority is the competent authority for IORP II supervision in Ireland. Their IORP II trustee hub contains the Code of Practice (final), ORA guidance, and supervisory review templates. Key legislative references:
  • IORP II Directive: EU 2016/2341
  • S.I. 128/2021: European Union (Occupational Pension Schemes) Regulations 2021
  • Pensions Act 1990, Part VIB (as inserted by the Pensions (Amendment) Act 2022)