S.I. No. 393/2018 - Trinity College Dublin, the University of Dublin Superannuation Scheme 2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th October, 2018.

Trinity College Dublin, the University of Dublin, with the approval of An tÚdarás um Ard-Oideachas with the consent of the Minister for Education and Skills and the Minister for Public Expenditure and Reform, in exercise of the powers conferred on it by section 25 (7) of the Universities Act 1997 (No. 24 of 1997), hereby make the following Scheme.

Citation

1. This Scheme may be cited as the Trinity College Dublin, the University of Dublin Superannuation Scheme 2018.

Commencement

2. This Scheme shall be deemed to have commenced with effect from 1 February 2005.

Adoption of rules for pre-existing Public Service pension Scheme Members

3. The rules set out in the Rules for Pre-Existing Public Service Pension Scheme Members Regulations 2014 ( S.I. No. 582 of 2014 ) (hereinafter called “The Regulations”) are adopted as the rules of this Scheme for the purposes of Article 2 of the Regulations, subject to the modifications specified in Articles 4 to 9.

Membership

4. In Article 5(2)(a) of the Regulations the following is inserted after the words “relevant body”—

“or who is an active member of the University of Dublin Trinity College (Closed) Pension Scheme 2009 as set out in S.I. 493 of 2009,”

Reference to Age 65 in certain Articles

5. In this Scheme, in Articles 5(2)(b) and 5(5) of the Regulations, the reference to age 65 shall be read as the September 30 coincident with or if not coincident with, immediately following, the attaining of age 65.

Article 7 of the Regulations. Contributions for Personal Scheme Benefits

6. In Article 7(3) of the Regulations—

“5% of pensionable remuneration or, in the case of a fully insured member” is deleted and the following is inserted in its place—

“in the case of a fully insured member who receives remuneration on a monthly basis”

Article 29 of the Regulations. Survivor’s Pension — Calculation

7. (1) In Article 29(3)(a) of the Regulations, the following is inserted after the words “not fully insured”-

“or was fully insured and had received remuneration on a weekly basis,”

(2) In Article 29(3)(b) of the Regulations, the following is inserted after the words “fully insured”—

“and had received remuneration on a monthly basis”

(3) In Article 29(4)(b) of the Regulations, the following is inserted after the words “fully insured”—

“and had received remuneration on a monthly basis”

(4) After Article 29(4)(b) of the Regulations a new Article 29(4)(c) is inserted as follows—

“(c) where the deceased was fully insured and had received remuneration on a weekly basis, a pension as if calculated at the date of retirement based on the calculation formula in Article 11(2) of the Regulations and the pensionable service which deceased member would have had if he or she has served to age 65, or if earlier, to the date on which his or her contract of employment would expire, as adjusted by reference to Article 47 during the period between retirement and death.”

(5) In Article 29(5)(a) of the Regulations, the following is inserted after the words “not fully insured”-

“or was fully insured and had received remuneration on a weekly basis,”

(6) In Article 29(5)(b) of the Regulations, the following is inserted after the words “fully insured”—

“and had received remuneration on a monthly basis”

(7) In Article 29(6)(b) of the Regulations, the following is inserted after the words “fully insured”—

“and had received remuneration on a monthly basis”

(8) A new Article 29(6) A is inserted after Article 29(6) as follows—

“6AIn the case where the deceased member was fully insured, had received remuneration on a weekly basis and had entitlement to a preserved pension but at date of death had not attained the minimum pension age, the reference pension is calculated at date of resignation using the formula in Article 11(2) of the Regulations as adjusted by reference to Article 47 during the period between resignation and death.”

(9) A new Article 29(9) is inserted after Article 29(8) as follows—

““remuneration” in this Article, refers solely to remuneration received while an active member of the Scheme.”

Article 38 of the Regulations. Periodic Contribution for Survivor’s Pension

8. In Article 38(2) of the Regulations the following is inserted after the word “absent” in paragraph (2)—

“, provided that in the case of a fully insured member who receives remuneration on a weekly basis, “1½% of net pensionable remuneration” is substituted for “1½% of pensionable remuneration””.

Article 41 of the Regulations. Non-Periodic Contributions

9. (1) In Article 41(3) of the Regulations the following is inserted after the expression “non-periodic contribution”—

“, provided that in the case of a fully insured member who receives remuneration on a weekly basis, “1% of the member’s net pensionable remuneration” is substituted for “1% of the member’s pensionable remuneration””.

(2) In Article 41(4) of the Regulations the following is inserted after paragraph (b)—

“- provided that in the case of a fully insured member who receives remuneration on a weekly basis, “member’s net pensionable remuneration” is substituted for “member’s pensionable remuneration””.

PRESENT when the Corporate seal of The Provost, Fellows and Scholars of The College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin, was affixed hereto:

30 July 2018.

DR PATRICK PENDERGAST,

Provost, Trinity College Dublin, the University of Dublin.

MR JOHN COMAN,

Secretary to the College, Trinity College Dublin,the University of Dublin.

An tÚdarás um Ard-Oideachas hereby approves the foregoing Scheme.

GIVEN under the Official Seal of An tÚdarás um Ard-Oideachas,

13 August 2018.

DR GRAHAM LOVE,

Chief Executive Officer, An tÚdarás um Ard-Oideachas.

The Minister for Education and Skills hereby consents to the foregoing Scheme.

GIVEN under the Official Seal of the Minister for Education and Skills,

12 September 2018.

RICHARD BRUTON,

Minister for Education and Skills.

The Minister for Public Expenditure and Reform hereby consents to the foregoing Scheme.

GIVEN under the Official Seal of the Minister for Public Expenditure and Reform,

12 September 2018.

PASCHAL DONOHOE,

Minister for Public Expenditure and Reform.