S.I. No. 261/2004 - Córas Iompair Éireann Superannuation Scheme 1951 (Amendment) Scheme (Confirmation) (No. 2) Order 2004

I, SÉAMUS BRENNAN, Minister for Transport, in exercise of the powers conferred on me by section 44 of the Transport Act 1950 (No. 12 of 1950), and Article 4 of Córas Iompair Éireann (Additional Powers) Order 1988 ( S.I. No. 381 of 1988 ), and the Communications (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 1987 ( S.I. No. 92 of 1987 ) (as adapted by the Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 305 of 2002 )), 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) (No. 2) Order 2004.

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 Transport under section 44 (5) of the Transport Act 1950 (No. 12 of 1950) and which amending Scheme is set out in the Schedule to this Order.

3. The amending Scheme is confirmed and comes into operation on the date of the making of this Order.

SCHEDULE

CÓRAS IOMPAIR ÉIREANN SUPERANNUATION SCHEME 1951 (AMENDMENT) SCHEME 2004.

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:—

“actual or potential beneficiary” has the meaning ascribed to it by section 126(1) of the Pensions Act;

“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 confimed 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, 323 of 2000, 122 of 2002, 390 of 2003 and 11 of 2004;

“the operative date” means the 2nd September, 2003 in respect of Article 5 of this amending Scheme;

“the Pensions Act” means the Pensions Act 1990 and includes any statutory amendment or re-enactment of that Act for the time being in force and any regulations made thereunder;

“the Pensions Ombudsman Regulations” means the Pensions Ombudsman Regulations 2003 as promulgated by Statutory Instrument number 397 of 2003 and includes any amendment to or replacement of such regulations.

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.

5.  Rule 30 (adopted by S.I. No. 353 of 1951 ) shall be deleted and replaced with the following new Rule:

“30. Complaints concerning the Scheme and Claims on the Fund

(1)  Subject to sub-Article (2), 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 claim upon or against the Committee or the Trustees except under or in accordance with the provisions of the Scheme.

(2)  The Committee shall, in handling any complaint made by, or dispute concerning, an actual or potential beneficiary of the Scheme comply with the requirements and procedures for the handling of such complaints and disputes in accordance with Part XI of the Pensions Act and in accordance with the Pensions Ombudsman Regulations.”

EXPLANATORY NOTE.

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

The purpose of this Scheme is to amend the 1951 Scheme insofar as it refers to Complaints concerning the Scheme and claims on the Fund.