S.I. No. 259/1988 - Great Southern Railways Company Pension Scheme For Regular Wages Staff (Amendment) (No. 2) Scheme (Confirmation) (No. 2) Order, 1988.

S.I. No. 259 of 1988.

GREAT SOUTHERN RAILWAYS COMPANY PENSION SCHEME FOR REGULAR WAGES STAFF (AMENDMENT) (No. 2) SCHEME (CONFIRMATION) (No. 2) ORDER, 1988.

I, JOHN P. WILSON, Minister for Tourism and Transport, in exercise of the powers conferred on me by section 44 of the Transport Act, 1950 (No. 12 of 1950), and the Communications (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order, 1987 ( S.I. No. 92 of 1987 ), hereby, after consultation with the Minister for Finance, order as follows:

1. This Order may be cited as the Great Southern Railways Company Pension Scheme for Regular Wages Staff (Amendment) (No. 2) Scheme (Confirmation) (No. 2) Order, 1988.

2. In this Order "the amending Scheme" means the Scheme amending the Great Southern Railways Company Pension Scheme for Regular Wages Staff prepared by Córas Iompair Éireann and submitted to the Minister for Tourism and Transport under section 44 of the Transport Act, 1950 (No. 12 of 1950), and set out in the Schedule to this Order.

3. The amending Scheme is hereby confirmed and shall be deemed to have come into operation on the 1st day of October, 1987.

SCHEDULE

GREAT SOUTHERN RAILWAYS COMPANY PENSION SCHEME FOR REGULAR WAGES STAFF (AMENDMENT) (NO. 2) SCHEME, 1988.

1. Definitions

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

"the existing Scheme" means the Great Southern Railways Company Pension Scheme for Regular Wages Staff as confirmed by the Transport Act, 1944 (Section 45) Order, 1945 ( S. R. & O. No. 55 of 1945 ), and as amended by an amending Scheme confirmed by the Minister for Industry and Commerce on the 31st day of October, 1957 (hereinafter called the Order of 1957), and subsequently further amended by the amending Schemes confirmed by Statutory Instruments numbered 57 of 1961, 49 of 1965, 8 of 1967, 59 of 1969, 78 of 1971, 250 of 1974, 289 of 1977, 75 of 1980, 182 of 1982, 289 of 1985, 320 of 1985, 56 of 1987 and 196 of 1988.

"the operative date" means the 1st day of October, 1987.

2. In this amending Scheme unless otherwise expressly stated the 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 or member if the deceased's right to pension accrued or death occurred prior to the operative date.

(2) 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.

4. Amendment of the Existing Scheme

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.

5. Rate of Contribution

The Table of Rates of Contributions inserted in the existing Scheme by Article 5 of the Schedule to Statutory Instrument No. 320 of 1985 shall be deleted and the following Table substituted therefor with effect on and from the operative date:—

6. Full Pension

The full pensions (including alternative full pension) and the total payments set out in Table A hereunder shall be substituted for the like pensions and total payments set out in Table A of the existing Scheme as inserted by Article 6 of the Schedule to Statutory Instruments No. 320 of 1985 in respect of any pension the right to which accrues on or after the operative date.

TABLE A

GIVEN under my Official Seal, this 22nd day of September, 1988.

JOHN P. WILSON,

Minister for Tourism and Transport.

EXPLANATORY NOTE.

The purpose of the Order is to confirm a Scheme to amend the existing pension Scheme so as to provide for increased pensions for certain members of the Scheme.