S.I. No. 10/1963 - Turf Development Act, 1953 (Regular Works Employees) Superannuation Scheme, 1963.

S.I. No. 10 of 1963.

TURF DEVELOPMENT ACT, 1953 (REGULAR WORKS EMPLOYEES) SUPERANNUATION SCHEME, 1963.

I, ERSKINE H. CHILDERS, Minister for Transport and Power in exercise of the powers conferred on me by sections 6 and 7 of the Turf Development Act, 1953 (No. 19 of 1953), and the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ) and with the concurrence of the Minister for Finance testified by his official Seal affixed hereto, hereby approve of the Superannuation Scheme constituted by the Regulations hereunder submitted to me by Bord na Móna on the tenth day of January, 1963 in pursuance of Section 6 of the said Act and after compliance with the requirements of subsection (4) of Section 6 of the said Act.

REGULATIONS

1 Short Title and Establishment

1. (1) " The Scheme " may be cited as the Turf Development Act, 1953 (Regular Works Employees) Superannuation Scheme, 1963.

(2) The Scheme will come into operation on the Appointed Day as a Scheme constituted under Sections 6 and 7 of the Act, and the provisions of the said Sections shall apply to the Scheme accordingly.

2 Definitions

2. (1) In these Regulations unless the context indicates a contrary intention the following expressions have the meanings hereby assigned to them, that is to say :—

(2) " the Act " means the Turf Development Act, 1953 (No. 19 of 1953).

(3) " the Actuary " means the Actuary appointed pursuant to these Regulations.

(4) " the Appointed Day " means the fourteenth day of March One thousand nine hundred and sixty-three.

(5) " Assumed Wages " means pensionable wages assessed by the Committee in the case of a member who is not for the time being in receipt of wages, or in receipt of his usual wages, or pensionable wages assessed by the Committee for any other reason.

(6) " the Board " means Bord na Móna.

(7) " the Committee " means the members for the time being of the Committee appointed under the Regulations.

(8) " Contributing Member " means any person admitted to membership of the scheme who for the time being contributes to the fund in accordance with the Regulations.

(9) " Contributions " means the contributions of a contributing member as prescribed by the Regulations.

(10) " Contribution Year " means any period of one calendar year commencing on the Appointed Day or any anniversary thereof. Whenever an anniversary of the Appointed Day does not coincide with the first day of a wages week, then, the first day of the next following wages week shall be regarded as such anniversary.

(11) " dependent relatives " means the wife and children of a contributing member and includes any adopted child and any relative of the member or of his wife, who in the opinion of the Committee, are dependent on a contributing member.

(12) " Employee " means a person in the employment of the Board.

(13) " Employment " means employment in the service of the Board.

(14) " failure of health " means such a failure of health whether mental or physical, as in the opinion of the Board acting on the advice of a medical practitioner nominated or approved by the Board in that behalf permanently incapacitates a member from doing his ordinary work in the service of the Board.

(15) " the Fund " means the Superannuation Fund established under the Regulations.

(16) " General Employees " means and includes all wholetime employees of the Board for whom superannuation provision is made under and in accordance with the terms of the other Scheme.

(17) " the General Time Rate " means the basic hourly rate of remuneration for the time being in force for unskilled workers employed by the Board whose ordinary rate of remuneration is calculated by reference to time.

(18) " Member " means an employee admitted to membership of the Scheme and includes a contributing member and any person who having been a contributing member and having temporarily left the service has left his contributions in the Fund as provided by the Regulations but, save as provided expressly in Regulation 18 (2) (b), does not include a person who has attained the age of 65 years.

(19) " Normal retirement date " means in relation to a member, the date on which he attains or is deemed for the purposes of Regulation 18 (2) (c) to have attained the age of 65 years.

(20) " Pension " means the annual pension computed as shown in paragraphs (1) (a) and (1) (b) of Regulation 24 or in paragraphs (1) (a) and (1) (b) of Regulation 26 of these Regulations as the case may be.

(21) " the Other Scheme " means the Turf Development Act, 1953 (General Employees) Superannuation Scheme, 1956.

(22) " Pensionable Service " includes contributing service and prior service and means the number of years of continuous service as defined under the Regulations by reference to which the member's right to pension and other benefits is computed.

(23) " Pensionable Wages " means the yearly remuneration of a member by reference to which the benefits under the Scheme are computed in accordance with the Regulations.

(24) " Pensioner " means any former member who being retired from the service of the Board has been awarded a pension under the scheme.

(25) " Prior Service " means the period during which the member was or under the Regulations is deemed to have been in the continuous whole-time employment of the Turf Development Board Ltd., and/or the Board up to the Appointed Day excluding any service rendered during such period before the member attained the age of 18 years.

(26) " Regular Works Employees " means and includes all such Works Employees as have or shall have been designated by the Board as Regular Works Employees, and no other persons.

(27) " the Regulations " means the Regulations of the Scheme or any amendments thereof made in accordance with the act or any Act amending same.

(28) " the Rules " means the Rules and Bye-Laws made and published by the Board pursuant to the Regulations.

(29) " the Scheme " means the Superannuation Scheme constituted by the Regulations.

(30) " the Secretary " means the person for the time being acting as Secretary to the Scheme pursuant to the Regulations.

(31) " the service " means the service of the Board.

(32) " subsequent service " means whole-time service of a member with the Board on and subsequent to the date as from which he elects to pay contributions under and in accordance with the scheme including pensionable service as defined and reckonable under the Regulations of the other scheme but excluding service rendered prior to attainment of the age of 18 years.

(33) " transfer value " means the sum payable to the Fund in respect of a member out of the fund of the other scheme of which he was a member before becoming a member of the Scheme, or the sum payable out of the Fund in accordance with the Regulations to the fund of the other scheme.

(34) " the Trustees " means the persons for the time being holding office as Trustees under the Regulations.

(35) " Week " means, except where expressly stated otherwise, the standard wages week for the time being in force in the Board, and " weekly " shall be construed accordingly.

(36) " Works Employees " means and includes all employees in the service of the Board other than those employees who have or shall have been classified by the Board as General Employees.

(37) " Year " means the Board's financial year save where expressly defined otherwise and " yearly " shall be construed accordingly.

(38) (a) Words importing the masculine gender include the feminine, and vice versa.

(b) Words importing the singular include the plural, and vice versa.

3 Objects

3. The main object of the Scheme shall be the provision of annuities for members on retirement from the employment of the Board at a specified age or on becoming incapacitated through failure of health at some earlier age and the establishment of a Superannuation Fund for the purpose of providing such benefits.

4 Superannuation Fund

4. A fund shall be established for the purposes of the Scheme to be known as the Bord na Móna Regular Works Employees Superannuation Fund and the Fund shall consist of :—

(a) The contributions of members.

(b) The contributions of the Board.

(c) Interest, Dividends and other income receivable from the investments or other property of the Fund.

(d) Any other sums which may be paid to the Trustees or the Committee from time to time for the purposes of the Scheme.

5 ..

5. All contributions shall be paid to the Trustees. The Trustees shall open a Bank Account in a Bank approved by the Board and all moneys received by the Trustees shall be paid into the said Account. The moneys standing to the credit of the Trustees in the Bank shall from time to time as occasion requires be invested by the Trustees in the joint names of the Trustees save that any investments in stocks or shares may be vested in the name of the nominee company of the Munster and Leinster Bank Ltd., for the Trustees and all property (save such stocks and shares as aforesaid) for the time being representing the Fund shall be vested in the Trustees jointly.

6 ..

6. The money comprised in the Fund shall be invested :—

(a) in such securities as may for the time being be authorised by Law for the investment of Trust Funds, or

(b) in loans to the Board in accordance with section 7 of the act.

7 ..

7. The Trustees shall keep proper accounts of all receipts and expenditure in properly kept books and they shall present to the Committee and to the Board an annual account made up to the same date as the annual accounts of the Board and such annual accounts shall be audited and certified by the Board's Auditor.

8 Actuary

8. The Board shall appoint a duly qualified Actuary to act as Actuary for the purposes of the Scheme. The Board shall have power from time to time to fill any vacancy in the office of Actuary or to remove an Actuary and to appoint another Actuary in his place. It shall be the duty of the Actuary to make an actuarial valuation of the Fund at the end of every five years from the date of the establishment of the Scheme and at such other times as theTrustees, the Board or the Committee may consider desirable and to make a report thereon and to submit a copy of' such report to the Board, to the Committee and to the Trustees. On receipt of the report of the Actuary the Board may consult with the Committee and the Trustees in relation to any matters arising on the report, and they shall have regard to the necessity or desirability of preparing an amending Scheme for submission to the Minister.

9 Rules and Bye-Laws

9. In addition to the powers expressly given by the Regulations the Board shall have a general power, from time to time, to make, vary, amend and revoke such Rules or Bye-Laws in relation to any matter as the Board may consider necessary or desirable for the effective administration of the Scheme. Provided that no Rule or Bye-Law shall be made, varied or amended by the Board so as to be inconsistent with the Regulations. Every such Rule and Bye-Law and every amendment, alteration and revocation thereof made by the Board shall come into force and take effect as and when the same has been published, or on such later date as shall be specified therein at the time of publication. The Board shall provide a Notice Board in a prominent place at each Works of the Board, accessible to Works Employees on which all Notices in relation to the Scheme shall be displayed. Every such Rule and Bye-Law and every such amendment, alteration or revocation of a Rule or Bye-Law made by the Board shall be notified to each member in such manner as the Committee may decide to be the most satisfactory and shall be deemed to have been published when copies thereof dated and authenticated by the signature of the Secretary to the Board shall have been posted on the said Notice Boards and served on the Secretary for the information of the Committee and Trustees.

10 ..

10. Every member shall be entitled on admission to Membership to be furnished with a copy of the Scheme and of the Rules and Bye-Laws for the time being in force, and a copy of same shall be kept by the Secretary and be available for inspection by any member at all reasonable times.

11 Exercise of Powers

11. The powers and duties by these Regulations vested in or imposed on the Board, the Committee, the Trustees and the Secretary shall, unless otherwise stated, be exercisable from time to time as occasion requires.

12 Certificate of Secretary

12. A document in writing, certified by the Secretary to the Board, as the ruling or decision of the Board in reference to anymatter relating to the Scheme shall be prima facie evidence thereof. The ruling or decision of the Committee or the Trustees as set out in a document signed by the Secretary shall be prima facie evidence of such ruling or decision.

13 ..

13. A notice shall be deemed effectively served on the Committee or the Trustees when served on the Secretary. A Notice may be served by sending same by ordinary post addressed to the person to be served or by delivering same to such person or in such manner as may be prescribed by the Rules or Bye-Laws.

14 Administration of the Scheme

14. The Scheme shall be administered by a Committee of six persons, three representing the Board and three, who themselves shall be members, representing the members of the Scheme. The expenses of administering the Scheme and managing the Fund shall be paid by the Board out of its own funds.

15 The Committee

15. (1) The members of the first Committee shall be appointed by the Board, the three persons to represent the members of the scheme on the Committee being so appointed from a panel of Regular Works Employees previously nominated in that behalf by the Trade Unions which are representative of such employees. Should the Trade Unions make default in nominating the said panel within twenty one days after being requested in writing so to do, then, the Board shall be at liberty to complete the said Committee by appointing three representatives of the Regular Works Employees. The first Committee shall hold office for such period not exceeding three calendar years from the Appointed Day as may be determined by the Board. The Board shall have power to make Rules or Bye-Laws in the manner prescribed in these Regulations in relation to all or any of the following matters.

(a) The period for which persons so appointed to the Committee or subsequently appointed to the Committee shall hold office.

(b) The qualifications necessary for appointment to the Committee.

(c) The circumstances in which a member of the Committee shall vacate office and the manner in which vacancies shall be filled.

(d) The powers, functions and duties of the Committee in addition to those specified in the Regulations and the exercise of such powers, functions and duties.

(e) The manner of summoning meetings and the procedure at meetings.

(f) The quorum necessary for meetings of the Committee.

(g) Such other matters as the Board may consider necessary or desirable for the effective exercise of its powers and functions by the Committee.

(2) Pending the making of such Rules or Bye-Laws and subject to such (if any), the following provisions shall apply in relation to the Committee :—

(a) One of the members of the Committee nominated by the Board shall be the Chairman of the Committee and as such shall preside at meetings. The Board shall nominate a member of the Committee to preside at meetings in the absence of such Chairman.

(b) All questions at meetings of the Committee shall be determined by a majority of the votes of those present and voting.

(c) The quorum of a meeting of the Committee shall be three members of whom at least one shall be a representative of the Board and at least one shall be a representative of the members of the scheme, and no business shall be transacted at any meeting of the Committee in the absence of a quorum. The continuing members may act notwithstanding a vacancy by reason of death, resignation or otherwise, provided a quorum is present at a meeting.

(d) Casual vacancies occurring in the membership of the Committee shall be filled by the remaining members of the Committee co-opting a person representative of the Board or a person representative of the members as the case may require, and any such person shall hold office on the same conditions as the person in whose place he was co-opted.

(e) In the event of an equality of votes the Chairman shall have a second or casting vote.

(f) It shall be the duty of the Committee to keep a Register of members in which shall be entered the name, date of birth, and date of admission of each person to membership of the Scheme.

(g) It shall be the duty of the Secretary to summon a meeting of the Committee when so requested by the Chairman or by any three members of the Committee, or by the Trustees, or by the Board.

(h) Unless otherwise determined by the Committee at least three days previous notice of meeting shall be given to every member of the Committee.

16 Secretary

16. (1) It shall be the duty of the Board as soon as the Scheme comes into force to appoint a Secretary to carry out the duties imposed by the Regulations on the Secretary and such other duties in relation to the Scheme as may from time to time be prescribed by the Board. The Board may from time to time remove the person so appointed and appoint another in his place and may appoint a person to act temporarily in the absence of the Secretary.

(2) The Secretary shall act as Secretary to the Committee and to the Trustees and shall keep Minutes of their respective proceedings. He shall have custody of the Register of members and make such entries therein as may be authorised from time to time by the Committee.

17 Trustees

17. (1) There shall be four Trustees. Each Trustee shall be appointed and may be removed by the Board. Any such appointment shall be by deed executed by the Board and by the Trustees. Any such removal shall be by Deed executed by the Board. The Deed shall specify how and when a Trustee may be disqualified or cease to hold office and when a new Trustee is to be appointed by the Board. The Trustees so appointed shall be the Trustees of the Scheme and shall carry out the duties imposed upon them by the Regulations. They shall exercise their powers and functions in such manner as may be prescribed by the Deed of Appointment or by Rules or Bye-Laws made from time to time by the Board.

(2) The Trustees shall cause Minutes to be kept of their meetings and proceedings, and questions arising at meeting shall be determined by a majority of votes. The Trustees may elect one of the Trustees to be Chairman who shall preside at meetings and in the event of an equality of votes the Chairman shall have a second or casting vote. The quorum for a meeting of the Trustees shall be three and no business shall be transacted in the absence of a quorum. The continuing Trustees may act notwithstanding a vacancy in the office of Trustees provided a quorum is present.

(3) If, and when, a Trustee by reasons of a temporary illness, absence from the country, or other reasons, is unable to attendmeetings of the Trustees the Board may appoint a person to act as a Trustee during such temporary absence. Such substitute Trustee while acting shall be entitled to notice of, and to attend meetings of the Trustees, and to vote thereat but no investment shall be made in the name of a substitute Trustee.

18 Membership

18 (1) Every person in the continuous whole-time employment of the Board (other than a General Employee) who is designated by the Board as a Regular Works Employee shall be eligible for admission to membership of the Scheme provided that :—

(a) he has completed at least one year's whole-time service, and

(b) he has attained the age of 18 years; and

(c) he is not over 55 years of age.

(2) Notwithstanding the terms of paragraph (1) (c) of this Regulation or anything contained elsewhere in the Regulations the following provisions shall apply :—

(a) A person in the service of the Board on the Appointed Day who applies within the period prescribed by Regulation 19 (3) to join the scheme, and who is otherwise eligible to join, shall be admitted to membership, provided he has attained the age of 18 years and has not attained the age of 65 years. Any person who is precluded from so applying solely because of his temporary absence from the employment during the whole or part of the prescribed period as aforesaid shall nevertheless be admitted as a member if, being eligible on the grounds of age as specified herein, and otherwise eligible, he applies for admission as required by Regulation 19 (3) of these Regulations.

(b) A person in the employment of the Board on the Appointed Day who is aged 65 years or upwards and who is not eligible by reason of his age for admission to membership of the scheme but who is qualified for membership in all other respects shall nevertheless be deemed to be so eligible, if by deducting the period of his prior service from his actual age as on the Appointed Day he would be under 65 years of age.

(c) The following provisions shall apply in the case of a person admitted to membership under the terms of paragraph (2) (b) of these Regulations :—

(i) Such person shall be deemed to have retired from the service as from the Appointed Day as if he had then reached the prescribed age limit of 65 years, and he will participate accordingly in the benefits provided under the Regulations.

(ii) Contributions shall not be payable by or on behalf of such person.

(iii) The pension unit in column 3 of the Schedule to the Regulations for each completed year of such person's pensionable service shall be determined by reference to his pensionable wages for the Contribution Year commencing on the Appointed Day.

(3) Notwithstanding the terms of paragraph (1) (c) of this Regulation every person who ceases to be a member of the other scheme and in respect of whom a transfer value is payable on such cesser shall be eligible for membership of this scheme and it shall be obligatory on every such person to become a member under and in accordance with the terms laid down in the Regulations.

19 Application for Membership

19. (1) All applications for admission to membership of the Scheme shall be in writing, signed by the Applicant, in such form as may be from time to time prescribed by the Committee. Such form shall contain an undertaking by the Applicant that on admission he will be bound by the Regulations and all Rules and Bye-Laws made in pursuance of the Regulations for the time being in force. Admission to membership of the scheme is subject to satisfactory evidence of age and state of health, if required by the Committee.

(2) Applications for membership of the scheme shall be made to and determined by the Committee.

(3) Any person who is eligible for admission to membership of the scheme on the Appointed Day shall cease to be so eligible and shall not be admitted as a member unless he shall apply for admission within the period of three calendar months commencing on the Appointed Day. Any such person eligible for admission as aforesaid, as well as a person eligible under Regulation 18 (2) (b), whose failure to apply for membership during the said period of three calendar months is attributable solely to his temporary absence from the employment through no fault of his own during the whole or part of that period shall, if eligible formembership subsequent to his return to the employment, be admitted a member, provided he shall apply for admission within three calendar months of the date as from which he is so eligible and which is duly notified to him by the Committee.

(4) No person shall remain a member of the scheme after attaining or being deemed, as under Regulation 18 (2) (c), to have attained the age of 65 years.

(5) Subject to the provisions of paragraph (3) of this Regulation as respects any person who was temporarily absent from the employment during the whole or part of the period of three calendar months prescribed therein, membership of the scheme shall be compulsory for every employee who after the Appointed Day is designated by the Board as a Regular Works Employee.

20 Temporary Interruptions in Employment

20. (1) Notwithstanding any other provision in these Regulations the Committee may agree to any member continuing to be a member of the Scheme even though he may cease temporarily to be in the service and though no contributions are paid by him after the date of his so ceasing to be in the service.

(2) Continuance of membership of the Scheme and right to any benefit thereunder shall be allowed under this regulation if, but only if, the following conditions are complied with, that is to say :—

(a) Contributions paid into the Fund by a member up to the date on which he ceased temporarily to be in the service shall remain in the Fund during any and every period of temporary absence from the service.

(b) Any interruption in the continuity of service which may be allowed must arise from the temporary cessation of work, or from the temporary reduction in the quantity of such work, in consequence of which the continued employment of the member or members affected could not be maintained by the Board.

(c) The Board has the right to decide and to specify the period or periods of interrupted service of a member or members which may be allowed under this regulation and to designate the person or class of persons to whom the terms of the regulation shall be applied. The decision of the Board shall be final and binding on all persons and not subject to appeal under these regulations or otherwise.

(d) At the end of any allowed interruption in service as aforesaid each person concerned must return to the service as soon as may be after receipt of notification, either verbally or in writing, that employment is again available for him. A member who fails to resume duty within two weeks from the date of notification as indicated above shall be deemed to have permanently left the service unless a good and valid reason for a longer absence is given which is acceptable to the Board.

(e) If the member elects to pay arrears of contributions, the Board shall pay its corresponding contributions and the period of interrupted service shall then be reckoned as pensionable service under the Scheme. The Committee may make suitable arrangements for the regular weekly deduction of these arrears of contributions (in addition to the normal contributions) from the member's wages over a fair and reasonable period.

(f) Notwithstanding any other provision in this regulation no member shall qualify for any benefit under the scheme other than the return of his contributions to the Fund unless he is in the employment of the Board on the occurrence of any event qualifying him for such benefit.

21 Absence from the Employment

21. (1) After the scheme comes into operation any absence for any reason of a Contributing Member from the employment (other than customary leave of absence with pay allowable under the relevant conditions of employment in force in the Board from time to time) which is not expressly provided for under these Regulations shall constitute a break in the subsequent service of such Contributing Member. If through no fault of his own a Contributing Member is absent from his employment in circumstances in which he is genuinely unable to be in attendance and which are not incompatible with the conditions of employment in the Board as aforesaid, the Board in its absolute discretion may, for the purpose of preserving to the Contributing Member his membership of the scheme, authorise any such absence to be leave of absence from the employment. If any such period of absence is so authorised by the Board, that period shall not be deemed to constitute a break in the subsequent service of the Contributing Member and shall be included in the calculation of his pensionable service, provided contributions in respect thereof as prescribed by the Regulations are paid into the Fund. If the required contributions are not paid into the Fund, the period of absence shall be excluded in the calculation of his pensionable service.

(2) Any period of absence from the employment during which a Contributing Member is seconded temporarily to other employment with the consent of the Board shall not be deemed to constitute a break in the subsequent service of the Contributing Member so seconded, and such period of absence shall be included in the calculation of his pensionable service, provided contributions in respect thereof as prescribed by the Regulations are paid into the Fund. If contributions are not so paid, the period of secondment shall be excluded in the calculation of the pensionable service of the Contributing Member.

22 Contributions

22. (1) The pensionable wages for any year in relation to a Contributing Member shall be :—

(a) in the case of a Contributing Member whose basic remuneration is calculated by reference to time either the actual amount of his earnings received by him during the year, or the yearly equivalent of his basic wage rate increased by thirty per cent, whichever is the less.

(b) in the case of a Contributing Member whose ordinary remuneration is wholly piece-work wages, either the actual amount of his earnings received by him during the year, or the yearly equivalent of the General Time Rate increased by thirty per cent, whichever is the less.

(c) In the case of a Contributing Member whose ordinary remuneration is partly piece-work wages and partly calculated by reference to time, either the actual amount of his earnings received by him during the year, or the yearly equivalent of his basic wage rate increased by thirty per cent, whichever is the less.

(2) In the calculation of pensionable wages payments made to a contributing member for travelling or subsistence, or any other expenses, shall not be taken into account.

(3) For the purposes of this Regulation the basic wage rate of a member during a year shall be deemed to be the rate per hour or the rate per week or the rate per annum, as the case may be, certified by the Works Manager, or other Officer acting on his behalf, as the prevailing basic rate at which such member was paid during the year.

(4) Contributions at the rates specified in column (4) of the Schedule to these Regulations shall be payable by members weekly or otherwise depending upon the manner in which the membersare paid. The contributions of members shall be deducted at source by the Board from the remuneration of the members according to the Grade and Earnings Classification for the relevant Contribution Year, and the amounts so deducted shall be paid forthwith into the Fund.

(5) The pensionable wages by reference to which the Contributing Member's Grade and Earnings Classification shall be determined for each Contribution Year shall be the yearly amount of the member's pensionable wages in respect of the year immediately preceding such Contribution Year.

(6) In the case of a member who is absent from the service without wages or at reduced wages and in circumstances in which such absence does not under these Regulations invalidate his membership of the scheme, the Committee shall be at liberty to assume the amount of a member's pensionable wages in relation to which his contributions are to be calculated. Any such assumption of pensionable wages by the Committee shall be binding and conclusive.

(7) For the purpose of this regulation, assumed pensionable wages shall be regarded as if they were wages actually paid to a member by the Board.

(8) Credit cannot be given under the scheme for any period of absence from the service unless the appropriate contributions as aforesaid in respect of that period of absence shall have been paid into the Fund, even though membership of the Scheme may be preserved to the employee during any such permitted absence from the service.

(9) The Board shall make payments into the Fund equal to the aggregate of the members' contributions.

23 Reckoning of Service

23. (1) A Contributing Member shall be entitled to reckon as service for superannuation benefits under the scheme any or all of the following :—

(a) Whole-time service in the employment of the Board (hereinafter referred to as " subsequent service ") on and after the date as from which he elects to pay contributions under the scheme up to normal retirement date, or earlier retirement date on account of failure of health.

(b) Whole-time service in the employment of the Turf Development Board Ltd., and/or Bord na Móna (hereinafter referred to as " prior service ") rendered up to the Appointed Day. Such prior service shallbe deemed continuous service from the date subsequent to which, and up to the Appointed Day, any interruption or interruptions in service (excluding interruptions resulting from injury due to accident in the course of the employment which shall be treated as service actually rendered) do not exceed seventy-eight weeks in total duration.

(c) Prior service if he first became qualified for admission to membership after the Appointed Day provided always that service, if any, rendered by him in the period from the Appointed Day up to the date of commencement of his membership of the scheme shall not be reckonable.

(2) Any interruption in service, not due to any act or default of the employee, occurring during the year ended on 30th April, 1959, shall be added to the period of seventy-eight weeks referred to in paragraph (1) (b) of this Regulation.

Pension Benefits

24 Normal Retirement

24. (1) A member who retires from the service on attaining the age of 65 years, or on being deemed under Regulation 18 (2) to be 65 years of age, and having completed ten years pensionable service shall be eligible to receive :—

(a) in respect of his subsequent service for each year of his contributory membership of the scheme the amount of the pension unit shown in column (3) of the schedule to these Regulations which is applicable to his Grade and Earnings Classification in that year, and

(b) in respect of each year of his prior service an amount equal to one-half of the pension unit as aforesaid for the Contribution Year commencing on the Appointed Day, and

(c) a sum of £100.

(2) Notwithstanding the terms of paragraph (1) of this Regulation a member who retires from the service on attaining the age of 65 years, including a member who retires under Regulation 18 (2) (c), shall be eligible to receive the sum of £100, referred to in the next preceding paragraph (1) (c), irrespective of the length of his pensionable service.

25 Apportionment of Annual Pension Unit

25. In the calculation of a pension payable under the scheme the amount of such pension to be payable in respect of any odd period of pensionable service over and above the number of completed years of such service, shall be arrived at by an apportionment on the following basis. That is to say, that in respect of any such residual period of pensionable service the corresponding amount of pension shall be one-twelfth of the appropriate annual pension unit (or one-twenty-fourth in the case of prior service) for each calendar month of such service. Provided that in making an apportionment any period which is less than a calendar month shall be reckoned as a calendar month and that in the final calculation of the pension any resultant fraction of a shilling shall be omitted.

26 Retirement Due to Failure of Health

26. (1) A member who retired with the consent of the Board before attaining the age of 65 years on account of failure of health and having completed ten years' pensionable service shall be eligible to receive :—

(a) in respect of his subsequent service for each year of contributory membership of the scheme the amount of the pension unit shown in column (3) of the Schedule to these Regulations which is applicable to his Grade and Earnings Classification in that year, and

(b) in respect of each year of his prior service an amount equal to one-half of the pension unit as aforesaid for the Contribution Year commencing on the Appointed Day, and

(c) a sum of £100 in the case of a member retiring from the service as aforesaid who is not less than 55 years of age on the date of such retirement, and

(d) a sum of £50 in the case of a member retiring from the service as aforesaid who is not less than 45 years of age and is less than 55 years of age on the date of such retirement.

(2) The pension awarded to a member under these Regulations on retiring from the service on account of failure of health shall be payable during the continuance of the member's incapacity for work resulting from such failure of health and may not be discontinued save when re-employment which in the opinion of the Committee is suitable re-employment is offered to the member.

(3) If a member who retired on account of failure of health recovers and is re-employed in the service of the Board before attaining the age of 65 years, the following provisions shall apply :—

(a) If he was awarded a pension on initial retirement, the pension shall be cancelled on his re-employment and his previous pensionable service shall be reckoned for the purpose of superannuation subsequently, but the amount of any gratuity awarded on his eventual retirement or death shall be reduced by the amount of the gratuity paid to him on initial retirement.

(b) If he was not awarded a pension on initial retirement, his previous pensionable service shall be reckoned for subsequent superannuation only if he refunds within such period as may be determined by the Committee the contributions repaid to him on his initial retirement.

(c) If on restoration to health the pensioner fails to accept suitable employment offered to him by the Board, the pension, if any, payable to him shall be cancelled and his right to receive any further payment in respect of pension shall thereupon cease.

27 Death Benefit

27. (1) If a contributing member dies whilst in the service of the Board there shall be paid to or for the benefit of his dependent relatives, or any of them as the Committee in their absolute discretion may determine, whichever of the following amounts is the greater—

(a) a lump sum of, £200 or

(b) a sum as certified by the Actuary which is equivalent to the present value of the payment for a period of five years of the pension (if any) to which the said member would have been entitled under these Regulations if he had retired on account of failure of health on the date of his death. Provided, however, that the whole or part of the value of the benefit payable under this regulation shall, where necessary, be given by way of non-commutable and non-assignable pension or annuity for any dependent relative of the member so as to secure that the aggregate value of all benefits given otherwise than by way of such pension or annuity as aforesaid on the death of the member, under all retirement benefits schemes subsisting in connection with the Board shall not exceed whichever is the greatest of the following :—

(I) The sum of one thousand pounds.

(II) An amount equal to the member's final remuneration.

(III) An amount equal to one-thirtieth of the member's final remuneration multiplied by the number of the member's years of service with the Board or by forty-five whichever is the less.

(IV) An amount equal to the aggregate of the sums contributed by the member under the schemes referred to above, together with compound interest on those sums at the rate of 3% per annum, or

(V) Such larger amounts as the Revenue Commissioners may allow.

For the purposes of this proviso, the definition of " Final Remuneration " contained in subsection (1) of Section 31 of the Finance Act 1958 shall apply.

(2) A pension payable under Regulation 24 or Regulation 26 of these Regulations shall be payable during the life-time of the pensioner to the date of his death. If a pensioner dies before he has received the full amount of five years' pension payable to him as aforesaid, payment of his pension shall be continued to or for the benefit of his dependent relatives, or any of them as the Committee in their absolute discretion may determine, until the total sum paid to or for the benefit of the pensioner and his dependent relatives equals the amount of five years of pension. Provided that if requested by the said dependent relatives so to do, the Committee may, if they think fit, commute the balance so payable for a single payment of such amount as the Actuary shall certify to be fair and reasonable, whereupon all further payments and obligations shall cease.

(3) If the death of any contributing member arises directly or indirectly as a result of any war, whether war be declared or not, or as a result of any insurrection or riot or civil commotion, the amount payable to his dependent relatives as aforesaid shall be a sum equal to the total of all the contributions paid by the member ; provided that the Committee having considered all the circumstances and having consulted the Actuary may pay such additional sum as they in their absolute discretion may think fit, subject to the further proviso that the total amount so payable shall not exceed the amount which would have been payable under sub-paragraphs (1) (a) or (1) (b) of this regulation in the event of the member's death in the service.

28 Benefit Limitation

28. The aggregate value of all benefits which may accrue to a member under the scheme on his retirement from the service may not exceed the value of a pension for life equal to two-thirds of the average annual amount of his pensionable wages, or of his assumed pensionable wages, as the case may be, over the last three years of his service with the Board.

29 Change of Earnings Grade

29. When a change in the member's pensionable wages entails a change in his Grade and Earnings Classification in the Schedule to these Regulations by reference to which his annual pension unit and corresponding weekly contribution to the Fund are determined from time to time the change of Grade as aforesaid shall have effect and the amount of his future contribution and pension unit shall be altered accordingly as from the commencement of the Contribution Year next following the date of the change in the member's pensionable wages.

30 Suspension or Curtailment of Pensions

30. If a person to whom a pension is payable under this scheme holds employment remunerated out of moneys provided by the Board then—

(a) the pension shall not be payable for any period for which the remuneration equals or exceeds the yearly equivalent of such person's prevailing basic wage rate in the year immediately preceding the date of his retirement from the service.

(b) if for any period the sum of the pension and the remuneration exceeds the said yearly equivalent of the prevailing basic wage rate, the pension shall be reduced for that period by the amount of the excess.

(c) where a person is in receipt of a pension out of the Fund and at the same time receives payment from the Board of compensation under the Workmen's Compensation Acts for the time being in force, no more of the pension shall be payable to him in any payment period than such amount, taking the aggregate of the pension and the compensation, as will not exceed the pension increased by 50% which the member would have received had he retired on the date of his accident.

31 Forfeiture of Pension

31. (1) The benefits under the Scheme are to be regarded as strictly personal and shall not be assigned charged or alienated in any way and the benefits shall cease to be payable and all right to benefit shall be forfeited if a member or other person entitledto benefit shall be adjudicated bankrupt or make any arrangement or composition with his creditors or if he shall assign or charge or attempt to assign or charge the same or any part thereof or if he shall do any act or thing or if any event shall happen which would have the effect of depriving him of his right to receive or enjoy such benefit or any part thereof.

(2) When a pension or other benefit has been forfeited under the foregoing clause the Committee may nevertheless in their absolute discretion apply such pension or benefit or any part thereof in such manner as they think fit for the benefit of the member or his dependent relatives or any of them as they may determine.

(3) A member in receipt of a pension shall not do any act or thing or convey any information which would be detrimental to the interests of the Board. A person who acts in breach of this rule shall thereby forfeit all right to pension or benefit and the foregoing provisions shall apply as if some act had been done or event had happened whereby the pension or benefit had become vested in some other person.

32 Assignments

32. A pension under this Scheme may not be assigned or charged, but if a pensioner becomes incapable of giving a receipt for payments due, such payments may be made at the discretion of the Committee to any person or institution having care of him or to such persons as the Committee think fit.

33 Payment of Pensions

33. All pensions will be paid arrear at such intervals as the Committee shall decide.

34 Return of Contributions

34. (1) A member whose membership ceases because of redundancy and who is not eligible to receive any benefit under this scheme shall have all his contributions returned to him with compound interest at the rate of 3% per annum.

(2) A member whose membership ceases for any other reason and who is not eligible to receive any benefit under this Scheme shall be eligible to have his contributions returned to him.

(3) In the case of a contributing member who had been a member of the other scheme the contributions to be returnable shall be the total of his contributions to the funds of both schemes.

35 Dismissed Member

35. A contributing member who is dismissed by the Board or resigns, or otherwise ceases to hold employment, in consequence of any act or omission in relation to his employment which would amount to fraud or other criminal offence punishable by imprisonment shall forfeit all claim to any benefit under the scheme. The Trustees shall have power to deduct from any sum due to be refunded to the member the amount of any monetary loss incurred by the Board as a result of such act or omission and shall pay to the Board the amount so deducted.

36 Transfer of Membership

36. (1) Transfer of membership from this scheme to the other scheme, and vice versa, shall be permissible subject to the consent of the Committee provided that there has, in the opinion of the Committee, been a change in the nature or the terms of employment warranting such transfer.

(2) In the case of a transfer of membership from this scheme to the other scheme the following provisions shall apply :—

(a) The transferred member shall be credited with the pensionable service which had accrued to his credit under this scheme prior to the termination of his membership thereof.

(b) The Actuary shall certify the amount which is necessary to give to the transferred member all the benefits of the other scheme in accordance with the terms thereof and the Regulations made thereunder, and the Trustees shall pay to the Trustees of the other scheme the sum so certified by the Actuary.

(c) The Trustees shall furnish a certified statement to the Trustees of the other scheme setting forth the amount of the transfer value which represents the contributions of the member and interest thereon and apportioning the said amount as between the parts of the Fund approved under Section 32 of the Finance Act, 1921, and Section 34 of the Finance Act, 1958 respectively.

(d) The Committee shall furnish to the Committee of the other scheme a statement of the pensionable service of the transferred member and of any other relevant matter at the date on which his membership of this scheme ceased and the statement so furnished shall be conclusive.

(e) On and from the date on which a person ceases to be a member of this scheme on transfer to the otherscheme such person, and all persons claiming through him, shall no longer have any claim or right whatsoever against the Fund.

(3) In the case of a transfer of membership from the other scheme to this scheme the following provisions shall apply :—

(a) The transferred member shall be credited with the pensionable service which had accrued to his credit under the other scheme prior to the termination of his membership thereof.

(b) The Actuary shall certify the amount which is necessary to give to the transferred member all the benefits of this scheme in accordance with the terms thereof and the Regulations made thereunder and having regard particularly to the provisions of Paragraph (c), Paragraph (d), and Paragraph (e) of this sub-section. The Trustees shall receive payment from the Trustees of the other scheme of the sum so certified by the Actuary.

(c) The transferred member's pensionable service in the other scheme up to the date of cessation of his membership thereof shall rank as subsequent service for the purposes of this scheme.

(d) In respect of each year of his subsequent service referred to in the next preceding paragraph the transferred member shall be credited with the full amount of the Pension Unit in Column (3) of the Schedule to the Regulations which is appropriate to his pensionable salary, as defined in the Regulations of the other scheme, on the date of cessation of his membership of that scheme.

(e) The yearly amount of the transferred member's basic remuneration at the date of his admission to membership of this scheme shall determine his Grade and Earnings Classification under the Schedule to the Regulations for the Contribution Year during which such person is admitted to membership thereof and the expression " pensionable wages " in the Regulations shall be construed accordingly.

(f) The Committee shall receive from the Committee of the other scheme a statement of the pensionable service of the transferred member and of any other relevant matter at the date on which his membership of the other scheme ceased, and this statement shall be conclusive.

37 Unauthorised Absence

37. The continuity of the subsequent service of a contributing member shall be deemed to have been broken and all his rights to benefit under the scheme forfeit if he absents himself from his employment with the Board and if such absence is deliberate and unauthorised (excluding absence on official Strike of which due notice shall have been received from the Member's Trade Union).

The Committee may in its absolute discretion, but subject to the consent of the Board, subsequently allow the period of any such absence so as to preserve to the member his membership of the scheme.

Miscellaneous

38 Declarations

38. (1) Payment of a pension under the scheme shall be subject to the giving of such relevant information and the making and signing by the pensioner of a declaration in such form and at such times as the Committee may at any time or from time to time require.

(2) Every member on being requested by the Committee shall furnish such information as may be relevant to enable the Committee to determine the benefits to which such member may be entitled under the scheme, and if any information so furnished turns out to be inaccurate, the Committee may adjust the benefits accordingly.

39 Income Tax

39. In any case where the payment of benefit involves liability to Income Tax on the part of the Trustees, the Trustees shall be entitled to deduct a sum equivalent to such tax or any part thereof on making such payment.

40 Estate Duty

40. In any case where the payment of benefit involves liability to Estate Duty on the part of the Trustees, the Trustees shall be entitled to deduct a sum equivalent to such Duty or any part thereof on making such payment.

41 Interpretation

41. In the event of any question arising as to the interpretation of the Regulations the decision of the Committee as to the true meaning and intention thereof shall be final and conclusive, and no appeal shall lie therefrom.

42 Determination of Employment

42. Nothing in the Regulations shall in any way restrict the right of the Board to vary or to terminate the employment of a member ; neither shall the benefits to which a member may claim to be entitled under the Regulations be used as a ground for increasing damages in any action brought by such member against the Board in respect of such variation or termination.

43 Claims on the Fund

43. No person whether as a member or otherwise shall have any claim, right, or interest upon, to, or in respect of the Fund, or any contributions thereto, or any interest therein, or any claim upon or against the Committee, the Trustees or the Board except under and in accordance with the provisions of the scheme.

44 Hearing of Applications and Appeals

44. (1) All applications for admission to membership or for pensions or benefits under the scheme or to determine the period of prior service of a member or the period of pensionable service of a member or his pensionable wages or any matter or question, other than the provision in Regulation 20 (2) (c), affecting the rights of any member or person under the scheme shall be made to the Committee and determined by the Committee.

(2) No final award shall be made on any application to the Committee which shall be adverse to the claim of the applicant without giving the applicant an opportunity of appearing before the Committee, presenting his case, and if necessary producing evidence to support his claim. Every such award shall be determined by the majority of the votes of those present at the meeting dealing with same, and notice in writing of the award, if in any respect adverse to the claim of the applicant, shall be given to the applicant by the Secretary without delay.

(3) If a person is aggrieved by the failure or refusal of the Committee to admit him to membership or to make an award under this scheme, or by the amount of any award made, or by any other decision of the Committee, he may appeal to the Trustees whose decision shall be binding and final or in the event of the Trustees being equally divided, the matter will be decided by an Arbitrator agreed upon by the Trustees or in default of such agreement by an Arbitrator appointed by the Minister for Transport and Power.

(4) An appeal must be made within six months after service of notice on the applicant of the decision to which it relates.

(5) The Board shall have power from time to time to make, vary or revoke Rules or Bye-Laws in relation to the procedure to be adopted in making applications to the Committee, the hearing thereof and the hearing of Appeals, the time for doing any act or thing in relation thereto not specified in the Regulations, or any matter which appears necessary or desirable to ensure the effective working of the machinery provided by this Regulation.

45 Amendments

45. The Board may from time to time with the approval of the Minister for Transport and Power, and with the concurrence of the Minister for Finance, amend, vary or repeal any of the provisions of the scheme in the manner prescribed by section 6 of the act and shall have regard to the necessity or desirability of so doing in the event of any alteration in the amount of or in the qualifying age for entitlement to the old age (contributory) pension under any relevant Social Welfare Act for the time being in force. Provided that no such amendment, variation or repeal shall have the effect of changing the main object of the scheme as set down in Regulation 3 of these Regulations. It shall be the duty of the Secretary to give notice forthwith to the Revenue Commissioners on the making of every such amendment, variation or repeal as aforesaid.

BORD NA MÓNA.

TURF DEVELOPMENT ACT, 1953 (REGULAR WORKS EMPLOYEES) SUPERANNUATION SCHEME 1963.

SCHEDULE.

M.S.3.

TABLE OF BENEFITS AND CONTRIBUTIONS.

With appropriate extension to provide for members whose pensionable wages exceed £16 4s. per week, as determined from time to time by the Actuary.

GIVEN under my Official Seal this 22nd day of January, 1963.

(Signed) ERSKINE H. CHILDERS,

Minister for Transport and Power.

I concur in the approval of the foregoing Scheme.

GIVEN under my Official Seal this 22nd day of January, 1963.

(Signed) SÉAMAS Ó RIAIN,

Minister for Finance.

EXPLANATORY NOTE.

This instrument provides for the introduction of a Superannuation Scheme for the Regular Works Employees of Bord na Móna.