S.I. No. 117/1988 - Córas Iompair Éireann Pension Scheme For Regular Wages Staff (Amendment) Scheme (Confirmation) Order, 1988.

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

1. This Order may be cited as the Córas Iompair Éireann Pension Scheme for Regular Wages Staff (Amendment) Scheme (Confirmation) Order, 1988.

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

3. The amending Scheme is hereby confirmed and shall be deemed to have come into operation on the 6th day of March, 1987.

SCHEDULE

Córas Iompair Éireann Pension Scheme for Regular Wages Staff (Amendment) Scheme, 1988.

1. Definitions

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

"the existing Scheme" means the Córas Iompair Éireann Pension Scheme for Regular Wages Staff confirmed by S.R. & O. No. 242 of 1945 and subsequently amended by amending Schemes confirmed by Statutory Instruments numbered 115 of 1949, 34 of 1955, 226 of 1957, 56 of 1961, 48 of 1965, 7 of 1967, 58 of 1969, 77 of 1971, 252 of 1974, 288 of 1977, 74 of 1980, 181 of 1982, 132 of 1985, 288 of 1985, 319 of 1985 and 55 of 1987.

"the operative date" means the 6th day of March, 1987.

"the Committee" means the Committee appointed under this amending Scheme.

"a C.I.E. Trade Union Group" means any one of the four groups of Trade Unions affiliated to the Irish Congress of Trade Unions representing respectively Rail Operatives, Road Freight Operatives, Road Passenger Operatives and Shopworkers employed by the Board on its Regular Wages Staff.

"Board's Committee-member" means a member of the Committee appointed by the Board under Article 5(3) of this amending Scheme.

"Members' Committee-member" means a member of the Committee appointed under Article 5(4) of this amending Scheme.

"the Secretary" means the Secretary of the Fund appointed under Article 5 of the Schedule to S.I. No. 115 of 1949 .

"the Actuary" means the Actuary appointed pursuant to Article 6 of the Schedule to S.I. No. 115 of 1949 .

"Table A" means the Table of Pensions and Total Payments set out in Article 4 of the Schedule to S.I. No. 48 of 1965 as amended.

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

3. Amendment of the existing Scheme

The existing Scheme shall be amended with effect on and from the operative date so as to conform to the provisions hereinafter contained and every provision of the existing Scheme which is inconsistent with the provisions hereinafter contained shall cease to have effect.

4. Commutation of Pension

(1) At the request of a member made at the time of his retirement on pension whether on reaching the normal age of retirement or earlier the Board may, subject to any relevant limitation for the time being imposed by the Revenue Commissioners, commute up to one quarter of any Weekly Pension to which he becomes entitled into a capital sum, the basis for commutation being decided by the Actuary from time to time.

(2) If a member has retired on pension since the operative date and before the date of the Order confirming this amending Scheme, the Board may commute a permitted part of his pension provided that his request in that behalf is made before the expiration of three months from the latter date.

(3) If a member retires on pension before the normal age of retirement and part of his pension is commuted, then if that member is subsequently re-employed by the Board, upon subsequent retirement on pension the earlier commutation shall apply in reduction of the pension becoming payable and if further commutation is requested the earlier commutation shall be taken into account in limitation of the portion of pension that may be commuted and in reduction of the capital sum to be paid.

5. The Committee

(1) The Committee shall monitor the administration of the Scheme.

(2) The Committee shall consist of ten Committee-members of whom five shall be appointed by the Board and five shall be appointed from among the members of the Board's Regular Wages Staff one by each of the four C.I.E. Trade Union Groups and one by the National Busworkers Union.

(3) The Board shall appoint from time to time as occasion may require such persons as it thinks fit to be Committee-members and may at any time remove a person so appointed.

(4) The four C.I.E. Trade Union Groups and the National Busworkers Union shall each from time to time as occasion may require appoint a member of the Board's Regular Wages Staff to be a Members' Committee-member and any Committee-member so appointed may be removed at any time by the body that appointed him.

(5) A Members' Committee-member on ceasing to be employed by the Board shall cease to be a Committee-member.

(6) No appointment or removal of a Committee-member shall be effective until it has been notified in writing to the Secretary.

(7) The acts and decisions of the Committee shall not be rendered invalid by any vacancy among the Committee-members or by any defect in the qualification or appointment of a Committee-member.

6. Chairman

The Board shall name one of the Board's Committee-members who shall be Chairman of the Committee until replaced by the Board.

7. Meetings

(1) The Committee shall meet for the despatch of business every three months.

(2) A quorum at a meeting of the Committee shall be five Committee-members of whom not less than two shall be Board's Committee-members, and not less than two shall be Members' Committee-members.

(3) Questions arising at a meeting shall be decided by a majority vote of the Committee-members present and voting. In the case of an equality of votes the Chairman of the meeting shall have a second or casting vote.

(4) The Chairman of the Committee shall preside at every meeting of the Committee at which he is present and may appoint a deputy to preside as Chairman at any meeting or meetings at which he is unable to attend and a deputy so appointed, if not a Committee-member, shall be deemed to be a Board's Committee-member for all purposes while presiding at a meeting of the Committee.

(5) The Committee shall cause proper minutes of their proceedings to be kept and such minutes purporting to be signed by the Chairman of the meeting or of the next succeeding meeting shall be prima facie evidence of the matters recorded therein.

(6) The Secretary shall act as secretary for the meetings of the Committee and shall keep all minutes and records relating to the business of the Committee. He shall receive and report to the Committee all applications for benefits from the Fund and shall bring before the Committee all matters properly to be considered by it.

8. Death After Retirement

(1) Article 7(3) of the Schedule to S.I. No. 226 of 1957 shall be deleted and the following substituted therefor:

"(3) Upon the death, within five years from the date of his retirement, of a pensioner receiving or entitled to receive a full pension there shall be paid to his personal representative in discharge of all further obligations of the Fund a lump sum equal to the appropriate Weekly Pension for Life (column 2 of Table A) multiplied by 260 less the total payments in respect of the pension then already made.".

(2) Article 9(4) of the Schedule to S.I. No. 226 of 1957 , renumbered as Article 9(5) by S.I. No. 288 of 1985 , shall be deleted and the following substituted therefor:

"(5) Upon the death, within 5 years from the date of his retirement, of a pensioner receiving or entitled to receive a reduced pension, there shall be paid to his personal representative in discharge of all further obligations of the Fund a lump sum equal to the relevant portion of the appropriate Weekly Pension for Life (column 2 of Table A) multiplied by 260 less the total of payments in respect of the pension then already made, the relevant proportion being that proportion which was used in calculating the reduced pension.".

9. Reduced Pension

(1) Article 9(1) of the Schedule to S.I. No. 226 of 1957 , as amended by S.I. No. 319 of 1985 , shall be deleted and the following substituted therefor:

"(1) If the employment of any member of this Scheme having not less than ten years service is terminated by the Board on grounds of his ill-health (including any bodily or mental disability) not resulting in the opinion of the Board from the member's own misconduct, such member shall be entitled to a reduced pension payable weekly and calculated in accordance with Article 5 of the Schedule to S.I. No. 48 of 1965 .".

(2) The following new sub-article shall be inserted in the Scheme to follow Article 9(5) of the Schedule to S.I. No. 226 of 1957 as amended by this amending Scheme:

"(6) Where a former member is entitled to receive a reduced pension under sub-article (1) of this Article the following provisions shall apply:—

( a ) The Committee may at any time while such former member is under the normal age of retirement require him to give such evidence as they shall deem satisfactory of his continued ill-health, his ability or inability to earn an income and of the amount of his income.

( b ) If the Committee is not satisfied with the evidence given by the former member in response to their request made under the preceding paragraph, or if no evidence has been furnished or if they are of the opinion that the former member has recovered sufficiently to earn an income, the Committee in their discretion may suspend, vary or revoke the reduced pension and may subsequently restore the reduced pension in whole or in part as they in their discretion deem fit taking all the circumstances into consideration.

( c) If in the opinion of the Committee the former member has recovered sufficiently to return to employment with the Board and he does so, the Committee may deal with this case in such manner as they consider to be just and reasonable in the circumstances.

( d) If any said reduced pension has been suspended, varied or revoked as aforesaid the former member shall on attaining normal age of retirement be entitled to receive the said reduced pension thereafter for the remainder of his life.".

10. Refund or Contributions

Article 11(1) of the Schedule to S.I. No. 226 of 1957 , as amended by S.I. No. 181 of 1982 and S.I. No. 319 of 1985 , shall be deleted and the following substituted therefor:

"(1) ( a ) Any member of this Scheme who ceases to be employed by the Board (otherwise than in accordance with Article 10 or due to his death in service) without becoming entitled to any pension shall receive a refund of his contributions without interest subject to the provisions of sub-article (3) of this Article and subject to the deduction of tax at the appropriate rate under section 21 of the Finance Act 1972 or under any subsequent statute replacing or re-enacting the said section.

( b ) Any refund of contributions payable to a member or former member shall, if he had previously received a reduced pension, be reduced by such amount as the Actuary shall recommend.".

GIVEN under my Official Seal this 31st day of May, 1988.

JOHN P. WILSON,

Minister for Tourism and Transport.

EXPLANATORY NOTE

The purpose of the Scheme is to provide for the commutation into a capital sum of up to one quarter of the weekly pension; the payment, in discharge of all further obligations of the Fund, of a lump sum to the personal representative of a pensioner who dies within five years from the date of his retirement and who was in receipt of or who was entitled to receive a pension, and the establishment of a committee to monitor the administration of the Scheme.