S.I. No. 122/2002 - Córas Iompair Éireann Superannuation Scheme 1951 (Amendment) Scheme (Confirmation) Order 2002

I, Mary O'Rourke, Minister for Public Enterprise, in exercise of the powers conferred on me by section 44 (4) 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 ) (as adapted by the Transport, Energy and Communications (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 299 of 1997 )), after consultation with the Minister for Finance, hereby order as follows:

1.       This Order may be cited as the Córas Iompair Éireann Superannuation Scheme 1951 (Amendment) Scheme (Confirmation) Order 2002.

2.       In this Order “amending Scheme” means the Scheme amending the Córas Iompair Éireann Superannuation Scheme 1951 (confirmed by the Córas Iompair Éireann Superannuation Scheme 1951 (Confirmation) Order 1951 ( S.I. No. 353 of 1951 )), prepared by Córas Iompair Éireann and submitted to the Minister for Public Enterprise under section 44 (5) of the Transport Act 1950 (No. 12 of 1950), and set out in the Schedule to this Order.

3.       The amending Scheme is confirmed and is deemed to have come into operation -

a) as regards Article 6 on 1 January 1994,

b) in every other case on 17 January 2001.

SCHEDULE

CÓRAS IOMPAIR ÉIREANN SUPERANNUATION SCHEME 1951 (AMENDMENT) SCHEME 2002

1.       Interpretation

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

“the existing Scheme” means the C.I.E. Superannuation Scheme 1951 set out in the Schedule to the Córas Iompair Éireann Superannuation Scheme 1951 (Confirmation) Order 1951 ( S.I. No. 353 of 1951 ), and subsequently amended by the amending Superannuation Schemes confirmed by Statutory Instruments numbered 221 of 1963, 80 of 1971 254 of 1974, 47 of 1977, 126 of 1981, 245 of 1982, 345 of 1982, 287 of 1985, 339 of 1986, 58 of 1987, 29 of 1989, 212 of 1989, 234 of 1991, 12 of 1992, 13 of 1992, 421 of 1992 and 323 of 2000;

“the GNR Scheme” means the Salaried Officers and Clerks (G.N.R. C.D.R. and I.R.C.H.) Superannuation Scheme 1977 confirmed by Statutory Instrument numbered 339 of 1978 and subsequently amended by the amending Superannuation Schemes confirmed by Statutory Instrument numbered 184 of 1982, 347 of 1982, 210 of 1989, 16 of 1992 17 of 1992, and 325 of 2000;

“the GSR Scheme” means the Córas Iompair Éireann Salaried Officers’ and Clerks’ (G.S.R.) Superannuation Scheme as scheduled to the Great Southern Railways Company (Superannuation Scheme) Act 1947 (No. 21 of 1947) as subsequently amended by the amending Schemes confirmed by Statutory Instruments numbered 220 of 1963, 76 of 1971, 253 of 1974 46 of 1977, 127 of 1981, 246 of 1982, 346 of 1982, 286 of 1985, 57 of 1987, 95 of 1988, 209 of 1989, 14 of 1992, 15 of 1992 and 326 of 2000;

“the Spouses' and Children's Scheme” means the Córas Iompair Éireann Spouses' and Children's Superannuation Scheme as set out in the Schedule to the Córas Iompair Éireann Spouses' and Children's Superannuation Scheme (Confirmation) Order 1989 (S.I. 211 of 1989) as subsequently amended by the amending Schemes confirmed by Statutory Instruments No. 206 of 1992 and 324 of 2000;

“the operative date” means the 1 January 1994 in respect of Article 6 and the 17^th day of January 2001 in respect of every other Article of this amending Scheme;

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.       Continuance of the existing Scheme

(1)      Subject as hereinafter specifically provided the benefits provided by the existing Scheme shall continue to be paid or be payable under and in accordance with the terms thereof and without alteration to every existing pensioner whose pension commenced prior to the operative date and to the personal representative of any deceased pensioner or member if the deceased's pension commenced or death occurred prior to the operative date.

(2)      Subject as hereinafter specifically provided nothing in this amending Scheme shall affect the rights of any of the persons mentioned in the preceding sub-article, nor shall this amending Scheme affect any subsisting right or liability accrued to or in respect of, or incurred under the existing Scheme by, any person who retired from or left the service of the Board or died prior to the operative date.

4.       Amendment of the Existing Scheme

Subject to the provisions of Article 3 of this amending Scheme, the existing Scheme shall be amended with effect on and from the operative date so as to conform to the provisions hereinafter contained and every provision of the existing Scheme which is inconsistent with the provisions hereinafter contained shall cease to have effect.

39.     Supplementary Benefits

The Board may award relevant benefits, as defined in section 770 (1) of The Taxes Consolidation Act 1997 supplementary to the benefits arising under the other rules of the Schemes or otherwise on an ex gratia basis to or in respect of persons who were formerly members of the Salaried Staff and such relevant benefits shall be obligations of the Fund provided that in no case shall the Board grant any relevant benefits which would cause the Scheme to cease to be an exempt approved scheme under Chapter 1 of Part 30 of the Taxes Consolidation Act 1997 . Whenever the Board awards supplementary or ex gratia relevant benefits, it shall contribute to the Fund at such time or times as the Actuary shall advise to be equivalent to the additional liability imposed on the Fund as a result of the award.

Explanatory Note

(This note is not a part of the Instrument and does not purport to be a legal interpretation).

The purpose of this Order is to extend voluntary severance terms applicable to members of the CIE Superannuation Scheme 1951, to 17 January 2006 and to authorise the award of supplementary benefits.