S.I. No. 254/1974 - C.I.E. Superannuation Scheme 1951 (Amendment) Scheme, 1973 (Confirmation) Order, 1974.

S.I. No. 254 of 1974.

C.I.E. SUPERANNUATION SCHEME 1951 (AMENDMENT) SCHEME, 1973 (CONFIRMATION) ORDER, 1974.

WHEREAS by the Córas Iompair Éireann Superannuation Scheme 1951 (Confirmation) Order, 1951 ( S.I. No. 353 of 1951 ), made under section 44 (4) of the Transport Act, 1950 (No. 12 of 1950), the C.I.E. Superannuation Scheme, 1951 (a copy whereof is set out in the Schedule to that Order) was confirmed:

AND WHEREAS Córas Iompair Éireann (in these Recitals referred to as the Board) has, in pursuance of section 44 (5) of the Transport Act, 1950 (No. 12 of 1950), and the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ), submitted to the Minister for Transport and Power a scheme (in these Recitals referred to as the amending scheme) amending the said C.I.E. Superannuation Scheme, 1951;

AND WHEREAS the amending scheme was under section 44 (2) and 44 (5) of the Transport Act, 1950 , referred back to the Board by the said Minister for reconsideration and resubmission:

AND WHEREAS the amending scheme was reconsidered and resubmitted to the said Minister by the Board:

AND WHEREAS the said Minister, having considered objections and representations in relation to the amending scheme, proposes to confirm the amending scheme as reconsidered and resubmitted to him by the Board:

NOW, I, PETER BARRY, Minister for Transport and Power, in exercise of the powers conferred on me by sections 44 (4) and 44 (5) of the Transport Act, 1950 (No. 12 of 1950), and the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 (No. 125 of 1959), hereby after consultation with the Minister for Finance, order as follows:

1. This Order may be cited as the C.I.E. Superannuation Scheme, 1951 (Amendment) Scheme, 1973 (Confirmation) Order, 1974.

2. The scheme (amending the C.I.E. Superannuation Scheme, 1951) submitted by Córas Iompair Éireann under Section 44 (5) of the Transport Act, 1950 (No. 12 of 1950), as modified by the Minister for Transport and Power (a copy of which, as so modified, is set out in the Schedule to this Order), is hereby confirmed, and shall be deemed to have come into operation on the first day of January, 1971.

C.I.E. SUPERANNUATION SCHEME, 1951 (AMENDMENT) SCHEME 1973.

1. Interpretation

In this amending Scheme the following words and expressions shall have the meanings hereby assigned to them unless there is something inconsistent in the subject matter or the context repugnant to such construction:—

"The existing Scheme" means the C.I.E. Superannuation Scheme, 1951 set out in the Schedule to the Córas Iompair Éireann Superannuation Scheme, 1951 (Confirmation) Order, 1951 as amended by the C.I.E. Superannuation Scheme, 1951 (Amendment) Scheme, 1962 (Confirmation) Order, 1963 ( S.I. No. 221 of 1963 ) and by the C.I.E. Superannuation Scheme, 1951 (Amendment) Scheme, 1968 (Confirmation) Order, 1971 ( S.I. No. 80 of 1971 ).

"This Scheme" means the existing Scheme as hereby amended.

"Pensionable Salary" shall be taken as the salary of the member at the date of retirement or death; except that if a member has not had the same scale of salary or has not been in the same grade for the last three years of his pensionable service, his retiring salary shall be taken as the salary payable if there had not been a change of salary or grade together with the difference between that rate and the annual basic rate of remuneration payable at the time of retirement or death multiplied by the ratio to three years of the period from the date of the change of salary or grade to the date of retirement or death, subject to the retiring salary so taken not exceeding the annual basic rate of remuneration payable at the time of retirement or death.

"Operative Date" means the first day of January 1971.

2. In this amending Scheme, unless otherwise expressly stated, words and expressions used shall have the meanings assigned to them by the existing Scheme.

3. Continuance of the existing Scheme

(1) The benefits provided by the existing Scheme shall continue to be paid or be payable under and in accordance with the terms thereof and without alteration to every existing pensioner whose right to pension accrued prior to the operative date and to the personal representative of any deceased pensioner if the deceased's right to pension accrued prior to the operative date.

(2) ( a ) Nothing in this amending Scheme shall affect the rights of any of the persons mentioned in the preceding sub-article, nor shall this amending Scheme affect any subsisting right or liability accrued to or incurred by any person under the existing Scheme prior to the operative date

( b ) Deferred pensions now payable or at any time to become payable shall not be affected by this amending Scheme.

4. Amendment of the Existing Scheme

(1) Subject to the provisions of Article 3 of this amending Scheme, the existing Scheme shall be amended with effect on and from the operative date so as to conform to the provisions hereinafter contained, and every provision of the existing Scheme which is inconsistent with the provisions hereinafter contained shall cease to have effect.

(2) The increased contributions and benefits provided for by this amending Scheme are, where applicable, in substitution for the corresponding contributions and benefits provided for by the existing Scheme.

5. Contribution by members

Paragraph (2) of Rule 19 shall be renumbered to become paragraph (2) sub-paragraph (a) and the scale in the renumbered paragraph (2) sub-paragraph (a) shall be replaced by the following scale:—

SCALE

A sub-paragraph shall be added to follow sub-paragraph (a) of paragraph (2) of Rule 19 as follows:—

"(b) Every member to whom Sub-paragraph (ii) of paragraph (a) of Rule 29 applies shall contribute in accordance with the above Scale and every other member to whom Rule 29 applies shall contribute a further one eighth part of one per cent of his salary."

6. Rule 21 of the existing Scheme shall be revoked and the following new rule substituted therefor:—

"21. Superannuation Allowances on Retirement

(1) A member who has not less than ten years pensionable membership and leaves the service of the Board on or after the operative date either after having attained the normal age of retirement or by reason of infirmity shall (subject in the latter case to the provisions of Clause (6) of this rule) be entitled to receive from the fund by way of superannuation allowance a capital sum and an annuity calculated in accordance with Clause (3) of this rule.

(2) For the purpose of this Scheme the normal age of retirement shall be:—

( a ) in relation to a male member—at any time after attaining the age of 60 years but not later than upon attaining the age of 65 years, and

( b ) in relation to a female member—at any time after attaining the age of 55 years but not later than upon attaining the age of 60 years.

(3) The said capital sum and the rate per annum of the said annuity shall be as follows:—

( a ) The said capital sum shall be a sum equal to one thirtieth part of the members Pensionable Salary multiplied by the number of years of his pensionable membership but shall not exceed forty five thirtieths of his Pensionable Salary.

( b ) The rate per annum of the annuity payable to a retiring member under this rule shall not exceed one half of his Pensionable Salary, but subject to this limit shall be equal to one eightieth of his Pensionable Salary for every year of pensionable membership.

(4) Where a former member who is entitled to receive an annuity under this rule (not being a member who converted the whole of his annuity into a joint annuity under Rule 21 B) dies within five years from the date of his retirement, the following provisions shall apply:—

( a ) if a former male member leaves a widow to whom he was married before he retired, the whole of the annuity to which he was entitled under Clause (1) of this rule, or, if part converted under Rule 21 B, so much thereof as remains unconverted (hereinafter respectively referred to as "the unconverted annuity") shall continue to be paid to her until the expiration of five years from the date of his retirement provided she so long lives and remains unmarried;

( b ) if the said widow dies or remarries within the said period and at the date of her death or remarriage there are any children of her deceased husband then alive and under the age of 18 years, or if a former male member leaves no such widow but a child or children then alive and under the age of 18 years, the unconverted annuity shall—

(I) if there is only one such child, be paid for the benefit of such child until the expiration of the said period or until the child dies or reaches the age of 18 years whichever shall first occur;

(II) if there are two or more such children, be divided equally between them, and each portion shall be disposed of in accordance with the last preceding sub-paragraph;

( c ) if a former male member leaves no such widow and no child then alive and under the age of 18 years, or when all annuity payments under this clause have ceased (but not if such payments ceased by the remarriage of such widow without any child of her deceased husband being then alive and under the age of 18 years), or on the death of a former female member, the difference (if any) between the total unconverted annuity payments made (being the total of such payments made to the deceased former member and under this clause) and a sum equal to the present value of five times the amount of the unconverted annuity of the deceased former member, shall be paid out of the Fund to the deceased former member's personal representative.

(5) When under this or any subsequent rule an annuity or any portion of an annuity or any lump sum is payable in respect of any child, the Committee may in their discretion pay the same to the child's guardian or to any person with whom the child resides or under whose care and control he is or appears to be without being obliged to ascertain whether that guardian or other person has any right to the care and control of the child or to supervise the application of any amount so paid by that guardian or other person, and without being responsible for any misapplication.

(6) Where a former member is entitled to receive an annuity under this rule by reason of infirmity, the following provisions shall apply:—

( a ) the Committee may at any time while such former member is under the minimum normal age of retirement, require him to give such evidence as they shall deem satisfactory of his continued infirmity and of the amount of his earnings (if any) and if he shall not give such evidence the Committee may vary, suspend or revoke the annuity to which he is entitled under Clause (1) of this rule and if they revoke the same the Committee may at any time cancel such revocation;

( b ) if in the opinion of the Committee he has recovered sufficiently to be able to earn an income, the Committee may suspend or revoke the said annuity as they may think the circumstances justify and the Committee may accordingly from time to time fix and vary the amount of the said annuity,

( c ) if in the opinion of the Committee he has recovered sufficiently to return and does return to the service of the Board, the Committee may deal with his case in such manner as they deem just and reasonable taking all the circumstances into consideration;

( d ) if his said annuity has been reduced, suspended or revoked, as aforesaid, he shall on attaining the minimum normal age of retirement and for the remainder of his life be entitled to receive the said annuity whether his infirmity continues or not and whether or not he is earning an income.

7. Death benefit

Paragraph (1) of Rule 22 of the existing Scheme shall be revoked and the following new paragraph substituted therefor:—

"22 (1) ( a ) If a male member with not less than ten years pensionable membership dies in the service of the Board leaving a widow or children under 18 years of age, an annuity shall, during the period of five years from the date of the member's death, be paid to such widow or for the benefit of such children in like manner and subject to the like provisions as are stipulated with respect to an unconverted annuity under paragraphs (a) and (b) of Clause (4) of Rule 21.

( b ) The annuity to be paid under the preceding subparagraph shall be an amount equal to one-sixtieth of the Pensionable Salary of the member (taking the date of death as the date of retirement] for every year of his pensionable membership and limited to two-thirds of his Pensionable Salary".

8. Special provisions for persons promoted from the Wages Grades

Paragraph (a) of Rule 29 of the existing Scheme shall be revoked and the following new paragraph substituted therefor:—

" (a) (i) For the purpose of determining his pensionable membership, the period of membership of a member (other than a member to whom sub-paragraph (ii) of this paragraph applies) shall for the calculation of the capital sum be increased by two-third of his period of service in the wages grades after attaining the age at which persons were entitled to become members of the relevant regular wages Staff Pension Scheme whether in fact he did or did not become such a member and for the calculation of the annuity be increased by the period of his service in the wages grade after attaining the said age at which persons were entitled to become members of the relevant Regular Wages Staff Pension Scheme whether in fact he did or did not become such a member.

(ii) For the purpose of determining the pensionable membership of a member who was 55 years of age or more on the 1st day of anuary 1971, the period of membership in this Scheme shall be increased by two-thirds of the member's period of service in a wages grade after attaining the age at which persons were entitled to become members of the relevant Regular Wages Staff Pension Scheme whether in fact he did or did not become a member of such Scheme.

GIVEN under my Official Seal this 6th day of August, 1974.

Peter Barry,

Minister for Transport and

Power.

EXPLANATORY NOTE.

The purpose of the Scheme is to revise the definition of "Pensionable Salary", and to increase the contributions and to revise the benefits payable at a retirement or death.