S.I. No. 17/1992 - Córas Iompair Éireann Salaried Officers' and Clerks' (G.N.R., C.D.R. and I.R.C.H.) Superannuation Scheme, 1977 (Amendment) (No. 2) Scheme, (Confirmation) (No. 2) Order, 1992.

I, SÉAMUS BRENNAN, Minister for Tourism, Transport and Communications in exercise of the powers conferred on me by paragraph 4 of the Córas Iompair Éireann (Additional Powers) Order, 1977 ( S.I. No. 336 of 1977 ), the Communications (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order, 1987 ( S.I. No. 92 of 1987 ), and the Tourism and Transport (Alteration of Name of Department and Title of Minister) Order, 1991 ( S.I. No. 25 of 1991 ), hereby, after consultation with the Minister for Finance, order as follows:

1. This Order may be cited as the Córas Iompair Éireann Salaried Officers' and Clerks' (G.N.R., C.D.R. and I.R.C.H.) Superannuation Scheme, 1977 (Amendment) (No. 2) Scheme Confirmation) (No. 2) Order, 1992.

2. In this Order, "the amending Scheme" means the Scheme amending the Córas Iompair Éireann Salaried Officers' and Clerks' (G.N.R., C.D.R. and I.R.C.H.) Superannuation Scheme, 1977 prepared by the Board and submitted to the Minister for Tourism, Transport and Communications under paragraph 5 of the Córas Iompair Éireann (Additional Powers) Order, 1977 ( S.I. No. 366 of 1977 )), 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 April, 1988.

SCHEDULE.

CÓRAS IOMPAIR ÉIREANN SALARIED OFFICERS' AND CLERKS' (G.N.R., C.D.R. AND I.R.C.H.) SUPERANNUATION SCHEME, 1977 (AMENDMENT) (NO. 2) SCHEME, 1992.

Interpretation.

1. 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 Córas Iompair Éireann Salaried Officers' and Clerks' (G.N.R., C.D.R. and I.R.C.H.) Superannuation Scheme, 1977 confirmed by Statutory Instrument No. 339 of 1978 and subsequently amended by the amending Superannuation Schemes confirmed by Statutory Instruments numbered 184 of 1982, 347 of 1982, 210 of 1989 and 16 of 1992.

"the operative date" means the 1st day of April, 1988.

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.

Continuance of the Existing Scheme.

3. (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) ( 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 annuities now payable or at any time to become payable shall not be affected by this amending Scheme.

Amendment of the Existing Scheme.

4. 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.

Definitions.

5. Rule 2 (2) of the existing Scheme shall be amended—

(1) by the deletion of the definition of "Contributing Body" and the substitution therefor of the following new definition:—

""Contributing Body" means the Board or the Irish Railway Clearing House or the Great Northern Railwayy Board or the County Donegal Railways Joint Committee or any company employment by which is, by virtue of section 15 of the Transport (Re-organisation of Córas Iompair Éireann) Act, 1986 (No. 31 of 1986), to be treated, for all purposes of superannuation, as employment by the Board;";

(2) by the deletion of the definition of "Pensionable Membership" and the substitution therefor of the following new definition:—

" "Pensionable Membership" in relation to a member means subject to a maximum of 40 years, the aggregate of—

( a ) the number of years in the period between the date when he became or is deemed to have become a member and the date when he ceases to be a Contributing Member, and

( b ) service reckonable in accordance with Section 4 of the Superannuation and Pensions Act, 1963 ;", and

(3) In relation to a member who has additional days of pensionable membership over and above a whole number of years, reference in these rules to the member's years of pensionable membership shall, where appropriate, be deemed to include reference to a figure determined by the formula A + B/365 where A is the number of completed years of pensionable membership and B is the number of days additional thereto.

Benefits of Female Members.

6. Rule 23 of the existing Scheme shall be amended by the deletion of the word "completed" where it appears in the Table in that Rule.

Superannuation Allowances on Retirement.

7. Rule 26 of the existing Scheme shall be amended—

(1) by the deletion of the word "completed" where it appears in the Table in Clause (3) of that Rule:

(2) by the substitution in Clause (2) and in Clause (3) (i) of "the number of years of his pensionable membership" for "the number of completed years during which he had been a Contributing Member", and

(3) by the substitution in Clause (3) (ii) of "the number of years of his pensionable membership" for "the number of completed years during which he shall have been a contribution Member".

Incapacity after ten years Membership.

8. Rule 28 of the existing Scheme shall be amended by the deletion of the word "completed" where it appears in the Table in Clause (1) of that Rule.

Special Joint Annuities.

9. Rule 30 of the existing Scheme shall be amended by the deletion of the words "the number of completed years during which he has been a Contributing Member" where they appear in Clause (7) (ii) and the substitution therefor of the words "the number of years of his pensionable membership".

Death Before Superannuation.

10. Rule 32 of the existing Scheme shall be amended by the deletion of the words "the number of completed years during which he shall have been a Contributing Member" and the substitution therefor of the words "the number of years of his pensionable membership".

GIVEN under my Official Seal this 27th day of January, 1992.

SÉAMUS BRENNAN,

Minister for Tourism, Transport and

Communications.

EXPLANATORY NOTE.

The purpose of this Scheme is to provide for the reckoning of years plus days in the calculation of Superannuation Benefits for Members.