S.I. No. 98/2010 - National University of Ireland, Galway Ollscoil na hÉireann, Gaillimh (Closed) Pension Scheme 2010.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 12th March, 2010.

National University of Ireland, Galway Ollscoil na hÉireann, Gaillimh, with the approval of An tÚdarás um Ard-Oideachas with the consent of the Minister for Education and Science and the Minister for Finance, in exercise of the powers conferred on it by section 25(7) of the Universities Act 1997 (No. 24 of 1997), hereby make the following Scheme:

1. This Scheme may be cited as the National University of Ireland, Galway Ollscoil na hÉireann, Gaillimh (Closed) Pension Scheme 2010.

2. In this Scheme—

“An tÚdarás um Ard-Oideachas” means the body established by section 2 of the Higher Education Authority Act 1971 (No. 22 of 1971);

“resolution” means a resolution made by the governing authority of National University of Ireland, Galway Ollscoil na hÉireann, Gaillimh;

“statute” means the superannuation provisions of a statute made by the governing authority of National University of Ireland, Galway Ollscoil na hÉireann, Gaillimh under the Irish Universities Act 1908 (8 Edw. 7. c. 38.); and

“National University of Ireland, Galway Ollscoil na hÉireann, Gaillimh” means the National University of Ireland, Galway Ollscoil na hÉireann, Gaillimh established by section 7 of the Universities Act 1997 (No. 24 of 1997).

3. The instruments or provisions contained in the Schedule comprise the National University of Ireland, Galway Ollscoil na hÉireann, Gaillimh (Closed) Pension Scheme 2010.

4. This Scheme is closed to new members appointed to National University of Ireland, Galway Ollscoil na hÉireann, Gaillimh on or after 1 January 2005.

SCHEDULE

(1) Statute XVII dated 18 June 1927 whereby a Pension Fund, now known as “Pension Fund No. 1” was established.

(2) Statute XXXVI dated 30 October 1950 whereby Pension Fund No. 1 was amended as provided therein.

(3) Statute XXXVII dated 29 June 1951 whereby Pension Fund No. 1 was amended as provided therein.

(4) Statute LI dated 14 February 1962 whereby Pension Fund No. 1 was amended as provided therein.

(5) Statute LXI dated 19 October 1965 whereby a Pension Fund to be known as “Pension Fund No. 2” was established.

(6) Statute LXXII dated 14 March 1968 whereby Pension Fund No. 1 was amended as provided therein.

(7) Statute LXXIV dated 5 February 1969 whereby Pension Fund No. 1 and Pension Fund No. 2 were amended as provided therein.

(8) Statute LXXX dated 25 November 1969 whereby Pension Fund No. 1 and Pension Fund No. 2 were amended as provided therein.

(9) Statute XC dated 22 November 1972 whereby Pension Fund No. 1 and Pension Fund No. 2 were amended as provided therein.

(10) Statute XCIV dated 31 October 1973 whereby Pension Fund No. 1 and Pension Fund No. 2 were amended as provided therein.

(11) Statute XCV dated 31 October 1973 whereby Pension Fund No. 1 and Pension Fund No. 2 were amended as provided therein.

(12) Statute XCVIII dated 27 November 1974 whereby Pension Fund No. 1 and Pension Fund No. 2 were amended as provided therein.

(13) Statute CXIII dated 19 January 1977 whereby Pension Fund No. 1 and Pension Fund No. 2 were amended as provided therein.

(14) Statute CXXX dated 30 June 1978 whereby Pension Fund No. 1 and Pension Fund No. 2 were amended as provided therein.

(15) Statute CLXI dated 30 April 1982 whereby Pension Fund No. 1 and Pension Fund No. 2 were amended as provided therein and a Pension Fund to be known as the “Joint Pension Fund” was established.

(16) Statute CLXV dated 1 December 1982 whereby the Joint Pension Fund was amended as provided therein.

(17) Resolution GB/M5/7 dated 26 June 1986, insofar as it does not relate to former members of Technical or CIF Schemes, whereby the National University of Ireland, Galway Ollscoil na hÉireann, Gaillimh made certain undertakings.

(18) Statute CLXXXVI dated 28 November 1986 whereby the Joint Pension Fund was amended as provided therein.

(19) Statute CLXXXVII dated 27 June 1986 whereby the Joint Pension Fund was amended as provided therein.

(20) Statute CCVII dated 23 January 1991 whereby the Joint Pension Fund was amended as provided therein.

(21) Resolution GB/M7/4(a) dated 29 January 1993 governing the scope of, and manner in which, added years can be awarded.

(22) Statute CCXXVI dated 24 February 1993 whereby Pension Fund No. 1, Pension Fund No. 2 and the Joint Pension Fund were amended as provided therein.

(23) Letter dated 26 February 2010 whereby the Department of Education and Science confirmed to National University of Ireland, Galway Ollscoil na hÉireann, Gaillimh the application of certain existing administrative arrangements which conform to public service pension provisions.

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PRESENT when the Common Seal of National University of Ireland, Galway Ollscoil na hÉireann, Gaillimh was affixed hereto

5 March 2010

JAMES J BROWNE,

President, National University of Ireland, Galway Ollscoil na hÉireann, Gaillimh.

SÉAMUS MACMATHÚNA,

Secretary, National University of Ireland, Galway Ollscoil na hÉireann, Gaillimh.

An tÚdarás um Ard-Oideachas approves of the making of this Scheme.

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GIVEN under the Official Seal of An tÚdarás um Ard-Oideachas

10 March 2010.

TOM BOLAND,

Chief Executive Officer, An tÚdarás um Ard-Oideachas.

The Minister for Education and Science consents to the making of the foregoing Scheme.

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GIVEN under the Official Seal of the Minister for Education and Science

10 March 2010.

BATT O’KEEFFE,

Minister for Education and Science.

The Minister for Finance consents to the making of the foregoing Scheme.

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GIVEN under the Official Seal of the Minister for Finance

10 March 2010.

BRIAN LENIHAN,

Minister for Finance.

EXPLANATORY NOTE

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

This Scheme is made under Section 25(7) of the Universities Act 1997 . Section 25(7) requires each university to determine the terms and conditions of any superannuation scheme for its employees. The Fifth Schedule to the 1997 Act places an obligation on each university to submit their pension scheme to the Higher Education Authority for its approval which is given with the consent of the Ministers for Education and Science, and Finance. This instrument refers to all the provisions which comprise National University of Ireland, Galway Ollscoil na hÉireann, Gaillimh’s closed pension scheme and formally records that approval and consent.