S.I. No. 221/1963 - C.I.E. Superannuation Scheme, 1951 (Amendment) Scheme, 1962 (Confirmation) Order, 1963.

S.I. No. 221 of 1963.

C.I.E. SUPERANNUATION SCHEME, 1951 (AMENDMENT) SCHEME, 1962 (CONFIRMATION) ORDER, 1963.

WHEREAS by the Córas Iompair Éireann Superannuation Scheme 1951 (Confirmation) Order, 1951 ( S.I. No. 353 of 1951 ), made under subsection (4) of section 44 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 has, in pursuance of subsection (5) of section 44 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 said Minister has thought it proper to modify the amending scheme in certain respects:

AND WHEREAS the said Minister proposes to confirm the amending scheme as so modified:

NOW, I, ERSKINE H. CHILDERS, Minister for Transport and Power, in exercise of the powers conferred on me by subsections (4) and (5) of section 44 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, 1962 (Confirmation) Order, 1963.

2. The scheme (amending the C.I.E. Superannuation Scheme, 1951) submitted by Córas Iompair Éireann under subsection (5) of section 44 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 come into operation on the 7th day of November, 1963.

SCHEDULE.

C.I.E. SUPERANNUATION SCHEME, 1951 (AMENDMENT) SCHEME, 1962.

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 contest repugnant to such construction:—

"The existing Scheme" means the C.I.E. Superannuation Scheme, 1951.

"The Board" means Córas Iompair Éireann.

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

"Operative date" means the date prescribed by the Order confirming this Scheme as the date upon which this amending Scheme is to come into operation.

2. In this amending Scheme, unless otherwise expressly stated—

(a) words and expressions used shall have the meanings assigned to them by the existing Scheme,

(b) references to numbered rules are references to the rules so numbered of the existing Scheme.

3. Rule 13 of the existing Scheme shall be amended by the substitution for clause (5) of the following clause—

"(5) Every casual vacancy among the members' Committee-men caused by death, resignation, disqualification or removal shall be filled by the members' Committee-men co-opting a person representative of the members."

4. Rule 19 of the existing Scheme shall be amended by:—

(i) the deletion in clause (2) of the words "and to the limitation enforced by clause (5)";

(ii) the deletion of clause (5), and the re-numbering of clause (6) as clause (5);

(iii) the deletion in clause (6) of the words "except during any period when his salary exceeded £3,000 and he had contributed under clause (4) of this rule as if his salary had been £3,000";

(iv) the insertion of a new clause (6) as follows—

"(6) Where under the existing Scheme the salary of a member at any time exceeded £3,000 he shall, under this rule, pay contributions in respect of the amount of such salary in excess of £3,000."

5. 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 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 by way of superannuation allowance from the Fund 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 rate per annum of the annuity payable to a retiring member under this rule shall not exceed two-thirds of his retiring average salary, but subject to this limit shall be equal to one-sixtieth of his retiring average salary for every year of his 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 21B) 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 21B, 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 providing she so long lives and remains unmarried;

(b) if his 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 eighteen years, or if a former male member leaves no such widow but a child or children then alive and under the age of eighteen 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 eighteen 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 eighteen 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."

6. The following new rules shall be added to the existing scheme and inserted after the said new rule 21:—

"21A. DEFERRED ANNUITY.

(1) Where at any time on or after the 1st day of October, 1958, and before the 31st day of March, 1964, and before attaining 60 years of age, the services of any member who has not less than ten years pensionable membership are dispensed with in circumstances certified by the Board as entitling him to compensation under section 14 of the Transport Act, 1958 , or section 17 of the Great Northern Railway Act, 1958 , such former member may, at his option, exercisable in the manner hereinafter provided, elect to leave his contributions (if not earlier withdrawn) in the Fund instead of receiving a refund thereof, in which event he shall be entitled, on reaching the age of 60, to receive by way of superannuation allowance an annuity (hereinafter referred to as a "deferred annuity") equal to that which he would have received under rule 21, if, on the day upon which his services were so dispensed with, he had then reached the normal minimum age of retirement and had retired on that day.

(2) So much of the deferred annuity payable to any former member under clause (1) of this rule as has not been converted into a joint annuity under rule 21B shall, if the former member dies within five years from the date upon which he reached the age of 60, continue to be paid until the expiration of five years from the date he attained that age in like manner and subject to the like provisions in all respects as are stipulated with regard to an unconverted annuity under clause (4) of rule 21, save that, for the purpose of this clause, the former member's widow shall be deemed to be the widow to whom he was married before his services were dispensed with.

(3) The said option shall be exercised by notice in writing addressed to the Committee and delivered to the Secretary. Where the services of any such former member as aforesaid have been so dispensed with prior to the operative date, he shall (provided he has not withdrawn his contributions before that date) be entitled to exercise the said option within four weeks from the operative date. In any other case, the said option shall, if exercised, be exercised within four weeks from the date upon which the services of such former member are so dispensed with. No former member entitled to exercise the said option shall have any right to a refund of his contributions before the period during which the said option may be exercised has expired.

(4) If any former male member entitled to a deferred annuity under clause (1) of this rule dies leaving a widow or children under 18 years of age and before his deferred annuity becomes payable, an annuity equal in amount to such deferred annuity shall during the period of five years from his 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. When all annuity payments under this clause have ceased, the difference (if any) between the total of all annuity payments made under this clause and a sum equal to the present value of five times the amount of the deferred annuity to which the deceased former member was entitled under clause (1) of this rule, shall be paid out of the fund to the deceased former member's personal representative.

(5) If any former member entitled to a deferred annuity under clause (1) of this rule dies before his deferred annuity becomes payable, but without leaving any widow or children as aforesaid, or if such former member was a female, a sum equal to the present value of five times the amount of such deferred annuity shall be paid out of the fund to the deceased former member's personal representative."

"21B. JOINT ANNUITIES.

(1) In this rule the expression—

(a) 'normal pension' means the annuity to which a member is entitled under this Scheme upon retiring after having attained the normal age of retirement in accordance with rule 21.

(b) 'critical date' means in relation to—

(i) a normal pension, the date of the member's retirement,

(ii) a deferred annuity within the meaning of rule 21A, the date upon which the former member's deferred annuity becomes payable.

(2) Subject to the provisions of this rule, every member or former member (as the case may be) shall have the option of electing to convert his normal pension or deferred annuity or part of such pension or annuity into such joint annuity as is specified in clause (4) of this rule payable during the joint lives of himself and a person (hereinafter called the "joint annuitant") of the description mentioned in clause (3) of this rule and during the life of the survivor of them.

(3) The description of the person above referred to in this rule is as follows:—

(a) in the case of a married male member, his wife;

(b) in the case of an unmarried member, widower or widow, one dependent relative who (if younger) is not more than fifteen years younger than the member.

(4) The joint annuity into which the normal pension or deferred annuity may be converted shall be:—

(a) in the case where the joint annuitant is the wife of the member or former member, a joint annuity of an amount determined in accordance with clause (5) of this rule; and

(b) in the case where the joint annuitant is a dependent relative, a joint annuity of such amount or amounts as may be determined by the Committee with the advice of the actuary.

(5) The scales for the conversion of a normal pension or deferred annuity into an annuity payable during the joint lives of a former member and his wife and the life of the survivor shall be as follows:—

SCALE A.— ANNUITY PAYABLE TO FORMER MEMBER:

If the age of the former member's wife at the critical date is outside the range of Scale A the joint annuity payable to the former member shall be determined by the actuary.

SCALE B.—ANNUITY PAYABLE TO A FORMER MEMBER'S WIDOW

One-third of the annuity calculated in accordance with Scale A will be payable to the former member's widow her life commencing on the day following the day of the death of a former member who died on or after the critical date.

(6) If after the critical date, the joint annuitant predeceases the former member, the annuity payable to the former member will continue unaltered in amount.

(7) The minimum amount of a normal pension or deferred annuity which may be converted into a joint annuity shall be the whole of the normal pension or deferred annuity if not exceeding £120; and £120 of the normal pension or deferred annuity if the amount thereof exceeds £120; a part of the normal pension or deferred annuity to be so converted must be a whole number of pounds and the difference between such part and the normal pension or deferred annuity must not be less than ten pounds.

(8) (a) The option for a joint annuity shall be exercisable only after the member or former member has attained the age of fifty-four years and six months, and shall only be exercisable as of right and without medical examination before the member or former member attains the age of fifty-five years.

(b) Where the option for a joint annuity is exercised by a member in respect of his normal pension before he attains the age of fifty-five years, the exercise of the said option shall be deemed to include and to extend to a deferred annuity subsequently elected to be taken by him under rule 21A and the exercise of the said option shall apply to such deferred annuity in the same manner and to the same extent as if it was a normal pension to the intent that the amount of the deferred annuity to be converted in pursuance of this paragraph shall be equivalent to the amount of the normal pension in respect of which the said option was exercised, provided that if the amount of the normal pension which the member elected to convert equals or exceeds the amount of his deferred annuity, the exercise of the said option shall be deemed to apply to the whole of his deferred annuity; and any option for a joint annuity so exercised as aforesaid which purports to be in respect of a normal pension only or omits to mention any deferred annuity that may be taken in lieu of a normal pension shall nevertheless be deemed to apply to such deferred annuity in the manner aforesaid.

(9) Any member or former member who has not exercised or who is not deemed to have exercised any option under this rule before attaining the age of fifty-five years (including a former member who after that age elected to take a deferred annuity) may at any time within three months immediately before the critical date apply to the Committee for leave to exercise the option for a joint annuity in respect of his normal pension or deferred annuity as the case may be. Before giving such leave the Committee shall require the member or former member to submit himself for medical examination but subject thereto may give or withhold such leave in their discretion. An application under this clause for leave to exercise the appropriate option shall be irrevocable and if leave is given the application shall operate as an exercise of the option by the member or former member making the application.

(10) Every exercise by a member or former member of an option under this rule shall be irrevocable except in the following cases, that is to say:—

(a) if the joint annuitant dies before the critical date, the exercise of the option shall automatically be revoked;

(b) the Committee may in their discretion on the written request of a member or former member made at any time before or within one month after the critical date permit the revocation of the option if in their opinion the circumstances justify the revocation.

(11) Upon the exercise of an option under this rule by any member or former member being revoked either automatically or with the permission of the Committee, the member or former member shall be remitted to the rights to which he would have been entitled under rule 21 or rule 21A hereof as if the option had never been exercised by him.

(12) Every application for leave to exercise an option under this rule shall be in writing by the member or former member and addressed to the Committee and delivered to the Secretary accompanied by a certificate of birth of the joint annuitant and where the joint annuitant is the member's or former member's wife a certificate of the marriage or by such other evidence thereof as the Committee may think fit to accept.

(13) Where a former member who is in receipt of a joint annuity dies within five years from the critical date, then on the death of such former member the difference (if any) between the total of the joint annuity payments made to the deceased former member and a sum equal to the present value of five times the amount of his joint annuity shall be paid out of the Fund—

(a) in the case where the joint annuitant survives the deceased former member:—

(i) to the widow of the deceased former member if she is the joint annuitant; or

(ii) to the deceased former member's personal representative if a dependent relative is the joint annuitant;

(b) in the case where the joint annuitant dies before the former member but after the critical date, to the deceased former member's personal representative;

provided always that in the case where the joint annuitant survives the deceased former member the payment under this clause shall be made without prejudice to the payment of the joint annuity to which the joint annuitant becomes entitled on the death of such former member.

(14) Without prejudice to the provisions of clauses (4) and (5) of rule 21A, if a former member who has elected to convert the whole or part of his deferred annuity into a joint annuity dies before his deferred annuity becomes payable, no joint annuity will be payable under this rule to the joint annuitant."

"21C. FEMALE MEMBERS.

In the application of rules 21A and 21B to a female or former female member, the following modifications shall be made, that is to say:—

(a) each of the ages therein mentioned shall, wherever they occur, be reduced by five years;

(b) for the person described in clause (3) of rule 21B there shall be substituted one dependent relative, who (if younger) is not more than ten years younger than the member.

7. Rule 22 of the existing Scheme shall be revoked and the following new rule substituted therefor:—

"22. DEATH BENEFIT.

(1) 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 eighteen years of age, an annuity of an amount equal to the annuity to which the member would have been entitled under rule 21 if he had retired on the day of his death 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.

(2) When all annuity payments under the preceding clause of this rule have ceased, the difference (if any) between the total of all annuity payments made under this rule and a sum equal to twice the amount of the deceased member's contributions to the Scheme without interest shall be paid out of the Fund—

(i) if all annuity payments have ceased because of the death of all persons entitled thereto or, if children were entitled to benefit, because of there no longer being any child under the age of eighteen years—to the deceased former member's personal representative;

(ii) if such widow was in receipt of the annuity when it ceased by the expiration of the said period of five years—to such widow;

(iii) if any child of the deceased former member was in receipt of an annuity payment when it ceased by the expiration of the said period of five years—to or for the benefit of all children of the deceased former member who were under the age of eighteen years at the date of his death in equal shares.

(3) If a male member dies in the service of the Board without leaving a widow or children under eighteen years of age, or in the event of a female member so dying, a sum equal to twice the amount of the deceased member's contributions to the Scheme without interest shall be paid out of the Fund to his or her personal representative."

8. Rule 27 of the existing Scheme shall be amended by the substitution therein of the words "two hundred pounds" for the words "one hundred pounds".

9. Rule 29 of the existing Scheme shall be amended by:—

(i) the addition to paragraph (b) of the words "but in the event of his being re-transferred to the wages grade the said special contribution shall be applied in discharge of any existing or future liabilities of the Board to the Fund";

(ii) the substitution in paragraph (e) of "clause (1) of Rule 24" for "Rule 25".

GIVEN under my Official Seal, this 7th day of November, 1963.

ERSKINE H. CHILDERS,

Minister for Transport and Power.

EXPLANATORY NOTE.

The purpose of the Order is to confirm a scheme to amend the existing C.I.E. Superannuation Scheme, 1951, to provide for inter alia the retention of pension rights on a deferred basis by members of the scheme in receipt of redundancy compensation.