S.I. No. 47/1977 - C.I.E. Superannuation Scheme, 1951 (Amendment) Scheme, 1976, (Confirmation) Order, 1977.


S.I. No. 47 of 1977.

C.I.E. SUPERANNUATION SCHEME, 1951 (AMENDMENT) SCHEME, 1976, (CONFIRMATION) ORDER, 1977.

WHEREAS by the Coras Iompair Eireann Superannuation Scheme 1951 (Confirmation) Order, 1951 ( S.I. No. 353 of 1951 ), made under Section 44 (4) 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 Coras Iompair Eireann (in this Order referred to as the Board) has, in pursuance of section 44 (5) 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 this Order referred to as the amending scheme) amending the said C.I.E. Superannuation Scheme, 1951:

AND WHEREAS the amending scheme was under section 44 (2) and 44 (5) of the Transport Act, 1950 , referred back to the Board by the said Minister for reconsideration and resubmission:

AND WHEREAS the amending scheme was reconsidered and resubmitted to the said Minister by the Board:

AND WHEREAS the said Minister, having considered objections and representations in relation to the amending scheme, proposes to confirm the amending scheme as reconsidered and resubmitted to him by the Board:

NOW, I, TOM FITZPATRICK, Minister for Transport and Power, in exercise of the powers conferred on me by sections 44 (4) and 44 (5) 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 the Public Service, order as follows:

1. This Order may be cited as the C.I.E. Superannuation Scheme, 1951 (Amendment) Scheme, 1976 (Confirmation) Order, 1977.

2. The amending scheme submitted by the Board under Section 44 (5) 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 be deemed to have come into operation on the first day of March, 1976, and shall expire on the last day of February, 1981.

SCHEDULE.

C.I.E. SUPERANNUATION SCHEME, 1951 (AMENDMENT) SCHEME, 1976.

1. Interpretation:

In this amending Scheme the following words and expressions shall have the meaning 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 C.I.E. Superannuation Scheme 1951 as defined by the amending Scheme confirmed by the C.I.E. Superannuation Scheme 1951, (Amendment) Scheme 1973 (Confirmation) Order 1974 ( S.I. No. 254 of 1974 ).

"operative date" means the 1st day of March, 1976.

2. In this amending Scheme unless otherwise expressly stated words and expressions used shall have the meanings assigned to them by the existing Scheme.

3. Amendment of the existing Scheme:

The following new Clause shall be inserted in the existing Scheme to follow Clause (6) of Rule 21 with effect from the operative date:—

" 21 (7) (a) A Member having ten years' pensionable membership whose services are dispensed with because of redundancy arising from any scheme for the re-organisation or more economical operation of any department of the Board's undertaking, he then being between the age of 55 years (50 years in the case of a female member) and normal retiring age may, if the Board so agrees, be granted the superannuation allowance provided for under Clause (1) of this Rule.

(b) If an additional contribution to the Fund is required to meet the cost of providing a superannuation allowance under Paragraph (a) above it shall be contributed by the member or by the Board or jointly by the member and the Board as they may agree between them."

GIVEN under my Official Seal, this 18th day of February, 1977.

TOM FITZPATRICK,

Minister for Transport and

Power.

EXPLANATORY NOTE.

The purpose of the scheme is to provide for the reduction, under certain conditions, of the retiring ages prescribed in the existing scheme, to allow for voluntary early retirement on redundancy.