S.I. No. 345/1982 - Córas Iompair Éireann Superannuation Scheme, 1951 (Amendment) Scheme, 1982 (Confirmation) (No. 2) Order, 1982.


I, JOHN P. WILSON, Minister for Transport, in exercise of the powers conferred on me by section 44 of the Transport Act, 1950 (No. 12 of 1950), as adapted by the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ), and the Tourism and Transport (Alteration of Name of Department and Title of Minister) Order, 1980 ( S.I. No. 11 of 1980 ), hereby, after consultation with the Minister for the Public Service, order as follows:

1. This Order may be cited as the Córas Iompair Éireann Superannuation Scheme, 1951 (Amendment) Scheme, 1982 (Confirmation) (No. 2) Order, 1982.

2. The scheme set out in the Schedule to this Order, being a scheme amending the CIE Superannuation Scheme, 1951 (set out in the Schedule to the Córas Iompair Éireann Superannuation Scheme, 1951 (Confirmation) Order, 1951 ( S.I. No. 353 of 1951 )), as amended, which was prepared and submitted to the Minister for Transport by Córas Iompair Éireann pursuant to section 44 of the Transport Act, 1950 (No. 12 of 1950), is hereby confirmed and shall be deemed to have come into operation on the 1st day of January, 1978.

SCHEDULE.

CÓRAS IOMPAIR ÉIREANN SUPERANNUATION SCHEME, 1951 (AMENDMENT) SCHEME, 1982.

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 CIE Superannuation Scheme, 1951 set out in the Schedule to the Córas Iompair Éireann Superannuation Scheme, 1951 (Confirmation) Order, 1951 ( S.I. No. 353 of 1951 ) and subsequently amended by the amending Superannuation Schemes confirmed by Statutory Instruments No. 221 of 1963, No. 80 of 1971, No. 254 of 1974, No. 47 of 1977, No. 126 of 1981 and No. 245 of 1982.

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

"particular female member" means a female member who was in the employment of the Board on the operative date and who did not exercise the option presented by the Board to be subject to a normal retirement age of 60/65 years of age but excluding any female member who attained the age of 60 years prior to the 2nd April, 1981 and remained in the unbroken employment of the Board after attaining that age.

"the operative date" means the 1st day of January, 1978.

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. Amendment of the Existing 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.

4. The words "in the case of a male or 50 years in the case of a female" shall be deleted from Clause (3) of Rule 3 of the existing Scheme.

5. Normal Age of Retirement

Clause (2) of Rule 21 of the existing Scheme shall be deleted and the following Clause shall be substituted therefor:—

"(2) For the purpose of this Scheme the normal age of retirement shall be at any time after attaining the age of 60 years but not later than attaining the age of 65 years, provided, however, that for a particular female member the normal retiring age shall be at any time after attaining the age of 55 years and not later than attaining the age of 60 years".

6. The word "male" shall be deleted wherever the same appears in Rules 21, 21A, 21B, and 22 of the existing Scheme.

7. The following Rule 21C shall be substituted for Rule 21C of the existing Scheme:—

"21C. In the application of Rule 21A to a female member, and of Rule 21B to a particular female member each of the ages therein mentioned shall, wherever they occur, be reduced by five years".

8. The following Rule shall be inserted after Rule 21C:—

"21D. Rules 21, 21A, 21B and 22 shall be applied in the case of female members (but not particular female members) as they are applied for other members and notwithstanding Clause (1) of Rule 2 and for greater certainty it is declared that in construing these rules the expressions husband, wife, widow or widower shall mean a spouse or deceased spouse of either sex as the case may be".

9. Clause (2) (a) of Rule 19 shall be amended as follows:—

(i) delete the words "for the age and sex of the member in the following scale" and substitute therefor the words "for the age of the member in whichever of the following scales is applicable".

(ii) in the heading to the Scales substitute "members other than particular female members" for the word "males" and substitute "particular female members" for the word "females".

10. In Rule 27 delete the words "two hundred pounds" and substitute the words "one thousand pounds".

GIVEN under my Official Seal, this 2nd day of December, 1982.

JOHN P. WILSON,

Minister for Transport.

EXPLANATORY NOTE.

The purpose of the Scheme is to provide for the bringing into line of the retiring ages of female members with those of male members and for the application of the provisions of the Scheme equally to male and female members.