S.I. No. 339/1978 - Córas Iompair Éireann Salaried Officers and Clerks (G.N.R., C.D.R. and I.R.C.H.) Superannuation Scheme, 1977 (Confirmation) Order, 1978.

WHEREAS in pursuance of paragraph 3 (1) of the Córas Iompair Éireann (Additional Powers) Orders, 1977 ( S.I. No. 366 of 1977 ), Córas Iompair Éireann has submitted to the Minister for Tourism and Transport a superannuation scheme for the benefit of Board transfer members who are at present members or pensioners of, or are receiving benefits from, the Railway Clearing System Superannuation Fund Corporation:

AND WHEREAS the Minister for Tourism and Transport, having considered objections and representations in connection with the said scheme has thought it proper to confirm the proposed scheme as submitted to him by the Board:

NOW I, PÁDRAIG FAULKNER, Minister for Tourism and Transport, in exercise of the powers conferred on me by paragraph 4 of the Córas Iompair Éireann (Additional Powers) Order, 1977 ( S.I. No. 366 of 1977 ), after consultation with the Minister for the Public Service, hereby 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 (Confirmation) Order, 1978.

2. The superannuation scheme submitted by Córas Iompair Éireann for Board transfer members who are at present members or pensioners of, or are receiving benefits from, the Railway Clearing System Superannuation Fund Corporation (a copy is set out in the Schedule to this Order) is hereby confirmed and shall come into operation on the 31st day of December, 1978.

SCHEDULE.

1. Title of Scheme

This Scheme shall be known as the "Salaried Officers and Clerks (G.N.R., C.D.R. and I.R.C.H.) Superannuation Scheme, 1977.

2. Interpretation

(1) In this Scheme, save where the context otherwise requires any word or expression importing the singular shall be construed as if it also imported the plural; any words or expression importing the plural shall be construed as if it also imported the singular and any word importing the masculine gender shall be construed as if it also imported the feminine gender.

(2) In this Scheme, save where inconsistent with the context, the following expressions shall have the meanings hereby assigned to them that is to say:—

"The Minister" means the Minister for Tourism and Transport;

"The Board" means Córas Iompair Éireann;

"The Trustees" means the Trustees of this Scheme for the time being;

"The Committee" means the Committee to whom, under the provisions of the Scheme, the administration of the Scheme is for the time being entrusted;

"The Fund" means the Fund established by the Scheme;

"The Secretary" means the person appointed for the time being as Secretary of the Scheme and includes where appropriate a person acting temporarily as substitute for such person;

"The Old Fund" means the Fund of the Railway Clearing System Superannuation Fund Corporation;

"Contributing Body" means the Board or the Irish Railway Clearing House or the Great Northern Railway Board or the County Donegal Railways Joint Committee;

"The Service" means in relation to any person the service of the Contributing Body by whom he is employed;

"Deferred Annuity" means an annuity payable or to become payable to a person who opted to remain a member of the Old Fund under the Paragraphs numbered (7) and (10) being amendments to the First Schedule to the Railway Clearing System Superannuation Fund Act, 1941 of the Parliament of the United Kingdom of Great Britain and Northern Ireland as amended by virtue of Section 19 of that Act, or under Rules 35 and 37 of this Scheme;

"Superannuated Member" means a member either of this Scheme or of the Old Fund who has become entitled to receive benefits thereunder;

"Member" means a member of this Scheme or of the Old Fund;

"Section A Member" means a member of this Scheme who was formerly a member of Section A of the Old Fund;

"Section B Member" means a member of this Scheme who was formerly a member of Section B of the Old Fund;

"Widows and Children's Pension" means any pension payable under the CIE Widows and Children's Pension Scheme approved by the Minister and introduced by the Board with effect from the 1st day of January, 1973;

"Pensionable Membership" in relation to a member means the number of completed years in the period between the dates when he became or is deemed to have become a member and the date when he ceases to be a Contributing Member;

"Contributing Member" means a Member other than a non-Contributing Member or a Superannuated Member, either of this Scheme or of the Old Fund;

"Non-Contributing Member" means a member either of this Scheme or of the Old Fund who opted to remain a member under the said paragraphs numbered (7) and (10) of the Rules of the Old Fund, or under Rules 35 and 37 of this Scheme;

"The Contributors' Committee Men" means the members of the Committee from time to time elected by the Contributing Members;

"The Board's Committee Men" means the members of the Committee from time to time appointed by the Board;

"The Auditors" means the persons from time to time appointed to audit the accounts of the Fund under Rule 10;

"The Actuary" means the Actuary or Actuaries for the time being appointed for the purposes of this Scheme;

"Operative Date" means the date on which the part of the Act or the Order confirming this Scheme comes into operation or such other date thereafter as the Board shall agree in writing with the Railway Clearing System Superannuation Fund Corporation;

"The Old Fund joint annuity provisions" means the provisions of paragraphs (4) and (11) of the First Schedule to the Railway Clearing System Superannuation Fund Act 1941 of the Parliament of the United Kingdom of Great Britain and Northern Ireland as amended by virtue of section 19 of that Act;

"The 1941 Act" means the Railway Clearing System Superannuation Fund Act 1941 of the Parliament of the United Kingdom of Great Britain and Northern Ireland.

3. Purpose of the Fund

The Fund is established for the purpose of providing annuities and other benefits for Contributing Members, non-Contributing Members and Superannuated Members of the Old Fund who become Members of this Scheme.

4. Membership of this Scheme

On the operative date those persons shall become Contributing Members, non-Contributing Members or Superannuated Members of this Scheme who on that date are the like Members of the Old Fund, being persons who—

( a ) are or were seconded for duty to the Board under Section 14 (2) (a) of the Great Northern Railway Act, 1958 , or

( b ) were formerly in the employment of the Great Northern Railway Company or the Great Northern Railway Board and at the time of their retirement on Superannuation were resident in the Republic of Ireland, or

( c ) are or were seconded for duty to the Board under Section 11 (2) (a) of the Transport (Miscellaneous Provisions) Act, 1971 , or

( d ) were formerly in the employment of the County Donegal Railways Joint Committee, or

( e ) are or were formerly in the employment of the Irish Railway Clearing House.

5. Constitution of the Fund

(1) The Fund shall be set up on the operative date.

(2) The Fund shall consist of:

( a ) such monies, assets and investments as shall be transferred from the Old Fund;

( b ) the contributions of the Contributing Members;

( c ) the contributions of the Contributing Bodies;

( d ) any interest received from the investment of any money in the hands of the trustees belonging to the Fund, and

( e ) any other sums which may be paid to the Trustees or the Committee for the purposes of this Scheme.

(3) The Fund shall be divided into two sections which shall have the following titles; and of which the groups of persons hereinafter mentioned in relation thereto shall be deemed respectively to be the Members and each of which shall comprise all receipts and investments and other assets of the Fund relating to the Members thereof and shall (to the exclusion of the other section) be charged with all expenses and liabilities of the Fund relating to those Members, that is to say—

Section A

Every person (whether male or female) who, prior to the operative date, was a Member of Section A of the Old Fund.

Section B

Every person (whether male or female) who, prior to the operative date, was a Member of Section B of the Old Fund.

6. Trustees

(1) All investments and monies for the time being constituting the Fund shall be held by or in the name of Corporate Trustees or individual Trustees appointed by the Board with the approval of the Minister. The number of individual Trustees shall not be more than five nor less than three.

(2) If, at any time, there are no Trustees, the Board may act as Trustees pending a new appointment.

7. Investment of the Fund

All monies in the hands of the Trustees belonging to the Fund and not required for the immediate purposes of this Scheme may be invested in the names of or under the control of the Trustees as the Board, after consultation with the Committee, shall think proper in any investments for the time being authorised by law as investments for trust monies, or in any other investments for the time being approved of for the purposes of this Scheme by the Minister for Finance.

8. Operation of the Fund by the Trustees

(1) The Trustees shall stand possessed of the Fund upon trust out of the income thereof and as far as may be necessary out of the capital to make provision in accordance with Clause (2) of this Rule for the payment of benefits under the Scheme and any other payments required for the administration of this Scheme.

(2) The Trustees shall lodge, from time to time, in a separate Bank Account to be kept by the Financial Controller of the Board for the purpose, such sums as from an examination of particulars furnished to them and certified by the Committee, the Trustees consider necessary to enable punctual payment to be made of all sums properly payable from time to time out of the Fund.

(3) The Trustees shall ensure that any unexpected balance on the said separate Bank Account is duly accounted for to them.

(4) The Trustees shall satisfy themselves so far as is reasonably necessary that the records and accounts relating to the expenditure out of the Fund are accurately kept.

9. Payment of Current Expenses

(1) Payment of benefits or other sums out of the Fund shall be made from time to time by cheque on the current bank account signed by the Financial Controller of the Board and countersigned by the Secretary of the Board or their Deputies.

(2) From time to time according as payments are required the Committee shall supply to the Financial Controller of the Board such lists of payments, accounts and vouchers as he requires for the preparation of the necessary cheques. Each such list shall be certified as accurate by one Board's Committeeman and one Member's Committeeman and countersigned by the Secretary.

(3) Save in accordance with this Rule, no payment shall be made out of the current Bank Account.

10. Accounts of the Fund

(1) The Trustees and the Committee shall cause full and true accounts to be kept of the Fund and of all dealings with the Fund.

(2) The Accounts shall be audited annually by the Auditors of the Fund who shall certify as to their accuracy and furnish a Report thereon.

(3) The Secretary shall cause a copy of the Annual Accounts with the Auditor's Certificate and Report to be exhibited in every Department of the Board where any Member is employed and shall furnish a copy to any Member on demand.

(4) There shall be two Auditors of the Fund of whom one shall be appointed by the Board and the other by the Committee and they shall hold office until replaced respectively by the Board or the Committee as the case may be.

11. Administration of the Scheme

(1) The Scheme shall be administered by a Committee consisting of eight Committee men of whom four shall be appointed by the Board and four shall be elected by the Contributing Members.

(2) The Committee shall meet together for the dispatch of business as often as may be necessary and all acts of the Committee and questions coming before the Committee for decision shall be done or decided by the majority vote of the Committeemen present and voting.

(3) The acts and decisions of the Committee shall not be rendered invalid by any vacancy among the Committeemen or by any defect in the qualification or election of a Committeeman.

12. Appointment and Removal of Board's Committeemen

The Board shall appoint, from time to time, as occasion may require, such persons as it thinks fit to be the Board's Committeemen.

13. Election of the Members' Committeemen

(1) The first election of Members' Committeemen shall be held as soon as possible and not more than three months after the date when this Scheme is confirmed by the Minister.

(2) Election of Member's Committeemen shall be held in every fifth year after the year in which the first election is held.

(3) At every election of Members' Committeemen after the first election the nomination day shall be such day in the year of election as the Committee shall fix and at the first election the nomination day shall be such day in the period mentioned in Clause (1) of this Rule as the Board shall fix.

(4) The procedure at an election of Members' Committeemen shall be as follows:—

( a ) Not less than six weeks before the nomination day, the Secretary shall cause to be exhibited in each Department of the Board where any Member is employed, notice of the election specifying the nomination day and giving directions for nomination.

( b ) Any eight Contributing Members may nominate a Contributing Member as a candidate by delivering to the Secretary on or before the nomination day a nomination in writing signed by each of the nominating Members and accompanied by a written assent to the nomination signed by the person nominated.

( c ) If not more than four candidates are validly nominated they shall be declared elected. If more than four candidates are validly nominated a ballot shall be held not less than four weeks after the nomination day on a date to be fixed by the Secretary.

( d ) Where a ballot is to be held the Secretary shall forward to every Member, not later than seven days before the day of the ballot a paper showing the names of the nominated candidates in alphabetical order, specifying the day of the ballot and giving directions for voting.

( e ) A Contributing Member may vote at the ballot by completing his ballot paper and returning it so that it reaches the Secretary on or before the day of the ballot.

( f ) Two scrutineers shall be appointed—at the first election by the Board and at subsequent elections by the Committee—who shall examine the ballot papers returned and declare the persons elected by notice in writing to the Secretary. The persons so declared elected shall be deemed to have been validly elected.

( g ) The Secretary shall cause Notice of the result of the election to be exhibited in all Departments of the Board where any Member is employed.

(5) Every casual vacancy among the Members' Committeemen caused by death, resignation, disqualification or removal shall be filled by the Members Committeemen coopting a person representative of the Contributing Members.

14. Tenure of Office of the Members' Committeemen

(1) Subject to his death, resignation, removal or disqualification, a Members' Committeeman shall continue in office until the next quinquennial election of Members' Committeemen has been duly completed.

(2) A Members' Committeeman who ceases to be a Contributing Member shall be disqualified from being and shall cease to be a Members' Committeeman.

(3) The Committee may, at any time remove from office a Members' Committeeman who has become incapable of performing his duties efficiently through infirmity or who has been absent from Meetings of the Committee for more than six months.

15. Meetings of the Committee

(1) The first meeting of the Committee after an election of Members' Committeemen shall be held not more than 14 days after the election and shall be convened by the Secretary. At such first Meeting the senior of the Board's Committeemen shall act as Chairman until the election of the Chairman of the Committee which shall be the first business of the Meeting.

(2) The Committee shall select one of the Board's Committeemen to be Chairman of the Committee and the person so selected shall continue to be the Chairman (subject to his death, resignation or disqualification) until the completion of the next quinquennial election of Members' Committeemen.

(3) The Chairman of the Committee shall act as Chairman of every Meeting of the Committee at which he is present. If he is absent or if the office is vacant the Senior Board's Committeeman present shall act as Chairman of the Meeting.

(4) In the case of equality of votes at a Meeting of the Committee the Chairman of the Meeting shall have a second or casting vote.

(5) A quorum at a Meeting of the Committee shall be five Committeemen, of whom not less than two shall be Board's Committeemen, and not less than two shall be Members' Committeemen.

(6) Subject to these Rules, the Committee shall regulate the times and places of their Meetings and the procedure at their Meetings in such manner as they think fit.

(7) The Committee shall cause proper minutes to be kept of their proceedings. The minutes so kept of any Meeting of the Committee purporting to be signed by the Chairman of the Meeting or of the next succeeding Meeting shall be prima facie evidence of the matters and things recorded therein.

16. The Secretary

(1) Subject to the consent of the Board in regard to the particular person appointed, the Committee shall appoint one of the staff of the Board to be the Secretary to the Scheme and may at any time remove the Secretary and, subject to the like consent, replace him.

(2) Whenever necessary, the Committee may, subject to the consent of the Board, appoint a Member of the Staff of the Board to act as temporary substitute for the Secretary.

(3) The Secretary shall act generally under the orders of the Committee. In addition to any duties expressly assigned to him by other provisions of the Scheme he shall perform the following duties:—

( a ) He shall keep all records, minutes and accounts relating to the Fund, the Scheme and the business of the Committee;

( b ) He shall receive and report to the Committee all applications for benefits from the Fund and shall bring before the Committee all matters proper to be considered by them;

( c ) He shall be responsible for submitting the accounts of the Fund to the Auditors;

( d ) Any other duties in relation to this Scheme which the Committee shall require of him.

(4) The Board shall appoint a person to be the Secretary for the purposes of the first election of Members' Committeemen who shall remain in office until the appointment of a Secretary by the Committee at their first Meeting.

17. The Actuary

(1) The Board shall, from time to time, appoint an Actuary for the purpose of the Scheme who shall be a Fellow of the Institute of Actuaries or a Fellow of the Faculty of Actuaries in Scotland.

(2) The Board shall cause an actuarial investigation of the Fund to be made by the Actuary whenever the Board thinks necessary and not less than once every five years. The Actuary shall make a report on every such investigation to the Board, the Committee and the Trustees.

(3) The Committee may, with the consent of the Board circulate a report of the Actuary among the Members.

18. Records

The Committee shall cause full and true records to be kept of the commencement and ending of Membership of every Member, the dates and amounts of the contributions of every Member and all other relevant matters. They shall cause to be kept a Register of Members.

19. Contributions of Section A Members

(1) Every Section A Member shall, subject to the provisions of clause (2) of this rule make contributions to the Fund in accordance with the scale set forth in clause (3) of this rule.

(2) The Committee shall, from time to time if it is necessary in the opinion of the Actuary for the purpose of securing the solvency of Section A of the Fund substitute in place of the Scale set forth in clause (3) of this rule such other Scale as they may think fit, and as the Actuary may certify to be reasonably sufficient and not more than reasonably sufficient for the said purpose when combined with the contributions of contributing bodies in respect of Section A Members.

(3) Section A Members' Contributions:

The above Scale is subject to such minimum contributions as the Committee shall from time to time with the advice of the Actuary determine as being requisite to secure the benefits of the Fund.

20. Contributions of Section B Members

Every Section B Member shall make the contributions to the Fund applicable to him in accordance with the following Scales:—

21. Deductions from Salaries

Each Contributing Body shall deduct from the salaries of its employees who shall be Contributing Members of the Fund, their respective contributions thereto and pay over the same to the Trustees.

22. Contributions by Contributing Bodies and Solvency of the Fund

(1) Each Contributing Body shall contribute to the Fund in respect of every Member in its service by whom any contributions are payable to the Fund a sum equal to the contributions so payable by that Member.

(2) The Solvency of the Fund shall be guaranteed by the Board to the extent only that sufficient money shall be available at all times to meet the immediate cash requirements of the Fund for the payment at such times of the benefits provided in this Scheme as at the operative date.

23. Benefits of Female Members

In the application of the provisions of the Scheme to female Members the expression "55 years" shall be substituted for the expression "60 years" wherever the same appears and the table below set forth shall be substituted for any other table of minimum annuities in the Scheme:—

24. Present Superannuated Members, non-contributing Members and Joint Annuitants

The benefits set out in this Scheme shall not apply to present Superannuated Members or non-Contributing Members and those Members shall continue after the operative date to be entitled to the benefits to which they are entitled under the Old Fund. All joint annuities or payments to dependants being paid under the Old Fund immediately before the operative date snail continue to be paid from the Scheme on and after that date.

25. Salary may Include Emoluments

For the purpose of ascertaining the amount of any contributions (including back contributions) which are payable by any Member or payable in respect of any Member by the Contributing Body by whom that Member is employed or any benefits to which any Member is entitled, the salary of that Member may, with the assent of that Contributing Body, the Committee and that Member be deemed to include such amount as in the opinion of the Committee, represents the value of any benefit allowed to that Member by way of board, lodging, commission or other special remuneration.

26. Superannuation Allowances

(1) Every Contributing Member who, having been a Member for ten years or upwards of this Scheme or of the Old Fund, attains the age of 60 years shall, on retiring from the service, cease to be a Contributing Member and become a Superannuated Member and shall be entitled to receive by way of Superannuation Allowance a capital sum and an annuity for life.

(2) The said capital sum shall be a sum equal to one-fortieth part of the annual salary of which the Member was in receipt at the date of his retirement multiplied by the number of completed years during which he had been a Contributing Member but not exceeding forty years in all.

(3) The said annuity shall be an annual sum equal to the aggregate of:—

(i) One/one hundred and twentieth part of the average annual salary of which he shall have been in receipt throughout the whole period of his contributing membership, if not exceeding 40 years and throughout the last forty years of his contributing membership if he has been a Contributing Member for more than 40 years multiplied by the number of completed years during which he had been a Contributing Member but not exceeding 40 years in all; and

(ii) One/one hundred and twentieth part of the average annual salary of which he shall have been in receipt during the period of seven years of his contributing membership immediately prior to the date of his retirement multiplied by the number of completed years during which he shall have been a Contributing Member but not exceeding 40 years all;

providing that such annuity shall in no case be less than the sum shown by the following scale:—

Upon a non-contributing Member whose benefits are preserved under paragraphs (7) and (10) of the First Schedule to the Act of 1941 making an application at the time of his attaining the age of 60 years (as if he had at such age retired from the service) or upon his death whichever shall first happen he or his representatives shall receive benefits in respect of his actuarial interest in the fund as may be determined by the Actuary.

27. Retirement on Redundancy

(1) 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 the age of 60 years may, if the Board so agrees, be granted the superannuation allowance provided for under Rule 26.

(2) If an additional contribution to the Fund is required to meet the cost of providing a superannuation allowance under Paragraph (1) 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.

28. Incapacity after ten years Membership

(1) Every Member who having been a Member for ten years or upwards retires from the service before attaining the age of 60 years in consequence of incapacity to perform his duties arising from accident or mental or physical infirmity not resulting from his own misconduct and who satisfies the Committee with regard to such incapacity by production of a Certificate from the Medical Officer of the Board or gives such other proof as the Committee shall require of his having become so incapacitated shall on such retirement cease to be a Contributing Member and become a Superannuated Member and shall be entitled to receive by way of Superannuation allowance a capital sum and an annuity for life calculated on the same basis as is provided in Rule 26 of this Scheme except that the minimum amount per annum of the annuity shall be in accordance with the following Scale:—

(2) While any such person is under the age of 60 years:—

(i) the Committee may, at any time, require him to furnish such evidence as they shall deem satisfactory of his continued incapacity and of the amount of his earnings if any and if he shall not furnish such evidence they may vary, suspend or revoke his annuity and if they revoke the same may at any time cancel such revocation;

(ii) if he recovers sufficiently to be able to earn an income, the Committee, subject as hereinafter provided, may from time to time, vary or suspend or may revoke his annuity as they may think the circumstances justify and if they revoke the same may at any time cancel such revocation;

(iii) if he recovers sufficiently to return and does return to the service, the Committee may deal with his case in such manner as they shall deem just and reasonable taking all the circumstances into consideration.

(3) If any such person's annuity has been varied, suspended or revoked under Sub-Section (i) or (ii) of Clause (2) of this Rule, he shall, on attaining the age of 60 years, be entitled to an annuity for life calculated in accordance with Clause (1) of this Rule whether his incapacity continues or not and whether or not he is earning an income.

29. Joint Annuities

(1) In this Rule the expression—

"Normal Pension" means the annuity to which a Member is entitled under this Scheme upon his becoming a superannuated member in accordance with Rule 26.

"Critical Date" means in relation to a normal Pension, the date of the Member's retirement, and in relation to a deferred annuity, the date upon which the former Member's deferred annuity becomes payable.

(2) Subject to the provision of this Rule, every Member 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:—

(i) in the case of a married male member, his wife (other than a divorced wife);

(ii) in the case of an unmarried male member, widower or a female member, one dependent relative who, if younger, is not more than 20 years (or in the case of female member, 10 years) younger than the Member.

(4) The joint annuity into which the Normal Pension or Deferred Annuity may be converted shall be:—

(i) in the case where the Joint Annuitant is the wife of the Member, a joint annuity of an amount determined in accordance with Clause (5) of this Rule; and

(ii) 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:—

ANNUITY PAYABLE TO RETIRED MEMBER.

(If the member's age at retirement is sixty-six years or more or if the age of his wife is outside the range of Scale A the joint annuity payable to the retired 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 Member's Widow during her life commencing on the day following the day of the death of a Member who died on or after the critical date.

(6) If, after the critical date, the Joint Annuitant predeceases the Member, the annuity payable to the 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; the 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 £10.

(8) The option for a joint annuity shall be exercisable only after the Member has attained the age of 59 years and 6 months (in the case of a female Member 54 years and 6 months) and shall only be exercisable as of right and without medical examination before the Member attains the age of 60 years (in the case of a female Member 55 years).

(9) Any Member who has not exercised or who is not deemed to have exercised any option under this Rule before attaining the age of 60 years (in the case of a female Member 55 years), may at any time within three months immediately before the critical date apply to the Committee for leave to exercise the option for 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 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 making the application.

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

(i) If the Joint Annuitant dies before the critical date or if the Member leaves the Service under Rule 28 before attaining age 60 (man) or age 55 (woman), the exercise of the option shall automatically be revoked;

(ii) 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 shall be remitted to the right to which he would have been entitled 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 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 wife, by a Certificate of the marriage or by such other evidence thereof as the Committee may think fit to accept.

(13) If a 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.

(14) Notwithstanding anything to the contrary contained in these Rules, if a Member who has exercised or has been granted leave to exercise the option as provided by this Rule, shall die whilst a Contributing Member after attaining the age of 60 years leaving a Joint Annuitant surviving such Member—

(i) A joint annuity equal to the amount of the joint annuity to which the Joint Annuitant would have been entitled if the Member had retired from the service on the day before that on which he died shall be paid out of the Fund to the Joint Annuitant;

(ii) A sum equivalent to any capital sum which would have been payable to the member under Rule 26 hereof if he had retired from the service on the day before that on which he died shall be paid out of the Fund to the deseased Member's representative, and

(iii) Any further sum which, but for this Clause would be payable out of the Fund upon the death of the Member shall be retained in the Fund and upon the death of the Joint Annuitant there shall be deducted from any such further sum the amount of the Joint Annuity received by the Joint Annuitant and the sum (if any) arrived at after such deduction shall be payable to the Joint Annuitant's representatives.

(15) This Rule (except in so far as applied by Rule 30 of this Scheme for the purpose hereof) shall not apply to any member who has been granted an annuity under Rule 30.

30. Special Joint Annuities

(1) Subject as hereinafter provided, any Member shall have the option of electing to convert a deferred annuity or the annuity to which he may be entitled upon his becoming a Superannuated Member under Rules 26 and 28 of this Scheme at the rate therein provided (hereinafter referred to as the "Normal Pension") or any part thereof into such a joint annuity as is specified in Clause (3) of this Rule payable during the joint lives of himself and a person (hereinafter called "the Joint Annuitant") of the description mentioned in Clause (2) of this Rule and during the life of the survivor of them.

(2) The description of person referred to in Clause (1) of this Rule is as follows:

(i) In the case of a Member having a wife (other than a divorced wife) alive, the Member's wife;

(ii) In the case of a Member not having a wife (other than a divorced wife) alive, one dependent relative who (if younger) is not more than twenty years younger than the Member.

(3) The joint annuity into which the normal Pension may be converted as mentioned in Clause (1) of this Rule is:—

(i) In the case where the Joint Annuitant is the wife of the Member, a joint annuity in accordance with Clause (4) of this Rule; and

(ii) In the case where the Joint Annuitant is not the wife but a dependent relative of the Member, a joint annuity of such amount or amounts as may be determined by the Committee with the advice of the Actuary.

(4) Scale for conversion of a normal Pension into an annuity payable during the joint lives of the Member and his wife and the life of the survivor—

ANNUITY PAYABLE TO RETIRED MEMBER.

NOTES: (1) The effective date is whichever is the latest of the following dates: that date the Member exercises the said option, the date the Member attains the age of 55 years or the date the Member completes ten years of membership.

(2) If the age of a Member's wife is outside the range of the above Scale, the joint annuity payable to the retired Member shall be determined by the Actuary.

ANNUITY PAYABLE TO MEMBER'S WIDOW.

One third of the annuity calculated in accordance with the Scale above will be payable to the retired member's widow during her life commencing on the day following that on which the Member dies.

(5) If the Joint Annuitant dies before the Member, the annuity payable to the Member calculated in accordance with the Scale of this Rule or determined by the Committee under Clause (3) (ii) of this Rule as the case may be, will continue unaltered in amount.

(6) The said option shall be exercisable only after the Member has attained the age of 54 years and 9 months and before he retires or attains the age of 60 years whichever shall first occur. He shall not be required to pass a medical examination.

(7) Notwithstanding anything to the contrary contained in these Rules, if a Member who has exercised the option provided under Clause (1) of this Rule in the manner prescribed in Clause (6) of this Rule shall die whilst a Contributing Member after the effective date as defined in Note (1) of Clause (4) of this Rule leaving a Joint Annuitant surviving such Member—

(i) a joint annuity shall be paid out of the Fund to the Joint Annuitant as if the Member had retired from the service on the day before that on which he died and had received an annuity calculated in accordance with Rule 26 of this Scheme but with date of death substituted for the date of his retirement;

(ii) a sum equal to one-fortieth part of the annual salary of which the Member was in receipt at the date of his death multiplied by the number of completed years during which he has been a Contributing Member but not exceeding 40 years in all shall be paid out of the Fund to the deceased Member's representatives; and

(iii) any further sum which, but for this Clause, would be payable out of the Fund upon the death of the Member shall be retained in the Fund and upon the death of the Joint Annuitant there shall be deducted from any such further sum the amount of the Joint Annuity received by the Joint Annuitant and the residue of the sum retained (if any) arrived at after such deduction shall be payable to the Joint Annuitant's representatives.

(8) Every exercise by a Member of the said option shall be irrevocable provided that in each of the following events namely

(i) if the Joint Annuitant dies before the Member has become a Superannuated Member under Rule 26 of this Scheme, or

(ii) if the Member dies before the effective dates, as defined in Note (1) of Clause (4) of this Rule.

the exercise of the said option by him shall automatically be revoked, and provided also that the Committee may in their discretion on the written request of a member who has exercised the said option, made at any time before or within one month after his retirement permit the revocation by such Member of his exercise of the said option if, in their opinion, the circumstances in which the request is made are of such an exceptional character as to justify the revocation.

(9) Upon the exercise of the said option by any Member being revoked either automatically or with the permission of the Committee, the Member shall be remitted to the rights to which he would have been entitled under Rule 26 of this Scheme if the option had never been exercised by him.

(10) Clauses (7) and (12) of Rule 29 shall apply in respect of an option exercisable under this Rule.

(11) If a Member exercises the option provided under Clause (1) of this Rule, any option he may have exercised under Rule 29 of this Scheme shall, upon the exercise of the option under this Rule, be revoked. If an option under Rule 29 of this Scheme is thus revoked the Committee may, at their discretion waive such of the provisions of Clause (7) of Rule 29 as they consider appropriate in respect of the exercise of the option under this Rule.

(12) This Rule shall not apply to female members.

31. Continuation of Options Exercised under the Old Fund

Any option which, prior to the operative date, a Member has exercised under paragraphs (4) or (11) of the First Schedule to the 1941 Act as amended by virtue of Section 19 of that Act shall continue in effect as an option exercised under Rule 29 or 30 of this Scheme respectively.

32. Death Before Superannuation

If any Member dies before being superannuated there shall (subject to the provisions of Clause (14) of Rule 29 and Clause (7) of Rule 30 of this Scheme and the Old Fund joint annuity provisions) be paid out of the Fund to his representative a sum equal to one-thirtieth of the annual salary of which he was in receipt at the date of his death multiplied by the number of completed years during which he shall have been a Contributing Member or a sum equal to one-half of such annual salary whichever may be the greater; provided that the amount payable shall not be less than the total amount of the contribution of such Member to the Fund and the Old Fund together with a sum equal to 2½% upon the total salary upon which he has contributed to the Fund and the Old Fund.

33. Death After Superannuation

Upon the death of any Member after being superannuated his representative shall be entitled or (in the case of such a Member whose Normal Pension or part of whose Normal Pension has been converted into a joint annuity pursuant to Rule 29 or 30 of this Scheme or the Old Fund joint annuity provisions) upon the death of the Member and the Joint Annuitant the representative of the survivor of them shall be entitled to receive from the Fund an amount equal to the sum which would have been payable under Rule 32 of this Scheme if the Member had died on the day before that on which he became a Superanuated Member subject in each case to deduction from the sum so payable of the amount already paid as superannuation allowance on account of the Member (including any amount paid to the Member or the Joint Annuitant in respect of a joint annuity under Rule 29 or 30 of this Scheme or the Old Fund joint annuity provisions).

34. Widows' and Children's Pensions

(1) If any Contributing Member has exercised an option whereby a Widows' and Children's Pension becomes payable, then upon the death of that contributing member the total amounts payable under paragraph (2) of Rule 27, sub-paragraphs (ii) and (iii) of Paragraph (14) of Rule 29, subparagraphs (ii) and (iii) of Paragraph (7) of Rule 30 and under Rule 32 shall not exceed the salary of which the member was in receipt at the date of his death or one thirtieth part of such salary for each year of his pensionable membership up to a maximum of forty-five thirtieths.

(2) If any superannuated member has exercised an option whereby a Widow's and Children's Pension becomes payable, then upon the death of that superannuated member, the sum to be paid under Rule 33 shall be limited so that the total of the said sum together with any capital sum and the aggregate of annuities paid to the superannuated member shall not exceed the superannuated member's final salary or one thirtieth part of his final salary for each year of his pensionable membership up to a maximum of forty-five thirtieths whichever shall be the greater.

(3) For the purpose of this Rule the superannuated member's final salary shall be the salary that would have been payable to him at the date of his death if his employment had been continued without change of grade or appointment to that date.

(4) If the amounts to be paid under sub-paragraphs (ii) and (iii) of Paragraph (14) of Rule 29 or under sub-paragraphs (ii) or (iii) of Paragraph (7) of Rule 30 or under Rules 32 or 33 are by operation of this Rule less than the amounts which would otherwise have been payable, the difference shall be paid to the Fund of the CIE Widows' and Children's Pension Scheme.

35. Early Retirement or Dismissal

(1) If any member be dismissed from the service for fraud or dishonesty, the contributing body by whom he was dismissed shall have a lien upon the amount of his contribution or upon any benefit mentioned in paragraph (2) below for any sums which may be due from him to them. The amount of the lien shall be a cash sum payable at the time the member leaves the service which shall not exceed the lesser of the following two amounts:

(i) the amount of the loss of the Contributing Body concerned

or

(ii) the actuarial value, as at the date on which the member is dismissed or resigns, of the actual or prospective benefits which the member elects to take from the Fund.

Subject to the above lien the balance of benefit due under the Rules shall be paid in the manner therein specified, provided that:

(i) the Secretary shall give to the member a certificate showing the amount recovered or retained, and its effect on his benefits or prospective benefits; and

(ii) if a dispute should arise between the said member and the Contributing Body concerned as to the amount to be retained or recovered, the lien shall only be exercisable

if

( a ) an order to that effect is made by a competent Court;

or

( b ) an award to that effect is made by an independent arbitrator appointed by agreement between the parties (or failing agreement between the parties by the President of the Incorporated Law Society of Ireland).

(2) Subject to paragraph (i) above, any contributing member who retired from the service voluntarily or is dismissed before becoming entitled to any superannuation allowance under Rule 26 shall cease to be a member and shall be entitled to receive from the Fund repayment of his own contributions without interest provided that if such member has been a Section A member for five years or more he may, before the date of his retirement or dismissal, elect instead of taking a refund of his contributions either—

(i) to remain a member of the Fund without further contributions and in that case on his attaining the age of 60 years or on the happening of any other event in respect of which benefits would have been payable under these Rules (except 27 and 28) if he had not left the service there shall be payable to or in respect of such member a benefit of an amount calculated in accordance with these Rules but for the purpose of such calculation the date of his leaving the service shall be substituted for the date of the happening of the event in respect of which the benefit becomes payable, provided that:

( a ) In cases where the male Section A member has left the service because of his services were no longer required otherwise than by reason of misconduct or incapacity benefits shall also be payable upon the happening of any event in respect of which benefits would have been payable under Rule 28 and in the application of the said Rule to such member the words "by reason of being wholly or partially incapacitated from earning due to" shall be substituted for the words "in consequence of incapacity to perform his duties arising from" and

( b ) if the male Section A member's prospective benefits at the date on which he leaves the service are less than those certified by the Actuary to have been secured by the said member's own contributions the said benefits shall be increased to the amount certified by the Actuary to have been secured by the member's own contributions

or

(ii) to cause a transfer value determined by the Actuary to be the equivalent in value to the benefits specified in Section (i) of this paragraph to be transferred to a superannuation fund approved or partially approved by the Revenue Commissioners under the Finance Act, 1972 or otherwise approved by the Revenue Commissioners for the purposes of this Rule.

(3) If the member shall again enter the service of the Board or other Contributing Body the Committee shall deal with his case in such manner as they shall deem just and reasonable taking all the circumstances into consideration.

(4) If a non-contributing member transfers to a superannuation fund mentioned in Section (ii) of paragraph (2) before the deferred annuity becomes payable a transfer value determined by the Actuary to be equal in value to his deferred benefits may with the member's consent be transferred to such superannuation fund.

(5) Any non-contributing member or any member who has elected to remain a member under this rule may on or after attaining 55 years of age elect to receive benefits including an immediate capital sum and an annuity for life in lieu of the benefits specified in paragraph (2). The amounts of these benefits shall be determined by the Committee on the advice of the Actuary so that the total value of the benefits in respect of the Member is unchanged.

36. Payment of Annuities

All annuities shall be paid monthly on the last day of each calendar month or, at the option of the recipient, at greater intervals if approved by the Committee.

37. Change of Grade

A Member who is transferred to a grade in which persons in the service of a contributing body by whom the Member is employed are not eligible for Membership of the Fund:

(i) May with the assent of the Contributing Body, the Committee and the Member, remain a Contributing Member of the Fund or

(ii) May with the consent of the Contributing Body, the Committee and the Member remain a Member of the Fund without further contribution and on the happening of any event in respect of which benefits are payable under the Scheme shall receive benefits of an amount calculated in accordance with the Scheme as though Membership without further contribution in accordance with this Clause were Contributing Membership but for the purpose of such calculation the date of being transferred as aforesaid shall be substituted for the date of the happening of the event in respect of which benefits are payable, and Rules 29 and 30 of this Scheme shall apply, provided that:

( a ) the Member shall only be entitled to benefit under Rule 26 of this Scheme before attaining the age of 65 years at the request of the Member and with the assent of the Committee and such benefit shall be of an amount certified by the Actuary to be equivalent at the date of retirement to the value of the benefits that would have been payable from the age of 65 years;

( b ) the minimum annuities referred to in Rule 23, 26 and 28 shall not apply.

If the Member shall again become employed by a Contributing Body in a grade in which employees are eligible for Membership of the Fund and again becomes a Contributing Member he shall be readmitted to Contributing Membership on such terms as the Committee, on the advice of the actuary, may determine, or

(iii) Failing such assent as is mentioned in (i) or (ii) above shall cease to be a Member and shall be entitled to receive from the Fund the whole amount of his own contributions without interest and shall have no further claim upon the Fund.

38. Commutation of Superannuation Allowances

(1) On retirement of any Member from the service, the Committee may, with the assent of the Contributing Body by whom he is employed, agree with him to convert any capital sum to which he is entitled pursuant to this Scheme into a Supplementary Annuity, or, in exceptional cases and having regard to the state of health or other circumstances of the Member, to commute the whole or any part of any annuity to which he is entitled pursuant to this Scheme into a capital sum, the basis for conversion or commutation in such case to be decided by the Actuary.

(2) There shall be deducted from any capital sum paid under this Rule an amount equal to any amount of income tax payable by the Committee of the Fund in respect of that sum.

39. Old Fund Benefits

No member shall receive under this Scheme a lesser amount by way of Superannuation allowance and benefit than he would have been entitled to receive under the Rules and Regulations of the Old Fund applicable on the operative date.

40. Membership after Salary is Stopped in Consequence of Ill Health

Any Contributing Member, payment of whose salary shall be stopped in consequence of ill health shall be entitled, so long as his name remains upon the books of the Contributing Body by whom he is employed but not in any case for a longer period than two years to continue his Membership provided that the same monthly contributions be paid to the Fund as were paid by and in respect of such member prior to his salary being stopped. After the said period he shall be dealt with under Rule 28 of this Scheme.

41. Amendment of Scheme

(1) Subject to the provisions of this Rule, the Board may, and shall if so required by the Committee, prepare and submit to the Minister a Scheme (herein referred to as an Amending Scheme) amending this Scheme (whether by addition, omission or variation).

(2) Where an Amending Scheme is submitted to the Minister under Clause (1) of this Rule the Minister may refer the Scheme back to the Board for reconsideration and fresh submission or by order confirm the Scheme either without modification or with such modification (whether by way of addition, omission or variation) as the Minister thinks proper.

(3) Before confirming or refusing to confirm an Amending Scheme the Minister shall hear all Parties desirous of being heard and appearing to him to be interested therein.

(4) Any Amending Scheme shall ensure that a Member of this Scheme or a .person claiming in his right shall be entitled to benefits from the Fund not less in value than those to which he would have been entitled under the Rules and Regulations of the Old Fund applicable on the operative date.

(5) Where an Amending Scheme is confirmed by the Minister under Clause (2) of this Rule, the said Amending Scheme as so confirmed shall have effect and this Scheme shall be deemed to be amended accordingly.

42. Interpretation

If any question not otherwise provided for by the Rules shall arise as to the meaning of any provision of this scheme or any matter arising thereout it shall be determined by the Committee and their decision shall be final.

43. Disposal of Surpluses

If at any time all the pensions and benefits payable or which may become payable under this Scheme to or in respect of any Members have been duly paid and discharged or provided for, then in such event the remainder of the Fund shall be paid over to and divided between the contributing bodies then extant in such proportion as the actuaries shall certify to be appropriate having regard to the division of the Fund into two sections.

GIVEN under my Official Seal, this 12th day of December, 1978.

PÁDRAIG FAULKNER,

Minister for Tourism andTransport.

EXPLANATORY NOTE.

The purpose of the Order is to provide annuities and other benefits for those who are at present members or pensioners of, or are receiving benefits from, the Railway Clearing System Superannuation Fund Corporation which is being wound up.