S.I. No. 55/1945 - Transport Act, 1944 (Section 45) Order, 1945.

STATUTORY RULES AND ORDERS. 1945. No. 55.

TRANSPORT ACT, 1944 (SECTION 45) ORDER, 1945.

WHEREAS in pursuance of subsection (3) of section 45 of the Transport Act, 1944 (No. 21 of 1944), Córas Iompair Éireann has submitted to the Minister for Industry and Commerce the existing superannuation and established by the Great Southern Railways Company for its regular wages staff :

AND WHEREAS the Minister for Industry and Commerce, having heard all parties desirous of being heard and appearing to him to be interested in the said fund, has thought it proper to modify the fund in certain respects :

NOW, I Seán F. Lemass, Minister for Industry and Commerce, in exercise of the power conferred on me by subsection (3) of section 45 of the Transport Act. 1944 (No. 21 of 1944), hereby order as follows :—

1. This Order may be cited as the Transport Act, 1944 (Section 45) Order, 1945.

2. The existing superannuation fund established by the Great Southern Railways Company for its regular wages staff, as modified by the Minister for Industry and Commerce (a copy whereof, as so modified, is set out in the Schedule hereto) is hereby confirmed.

SCHEDULE

GREAT SOUTHERN RAILWAYS COMPANY

PENSION SCHEME FOR REGULAR WAGES STAFF

Eligibility

The following employees on the regular wages staff of the Company who have made application for membership to the Company shall be members :—

Employees both male and female who on the date of application are between the ages 20 next birthday and 50 next birthday.

Employees over 50 years of age on the date of application and whose service with the Company is sufficient to show that, were they to remain with the Company until normal pension age, they would have each a minimum of 20 years service.

Any person who does not apply for membership within one year of his becoming eligible shall thereafter be precluded from joining the Scheme or paying contributions or receiving superannuation benefit under the Scheme.

The "regular wages staff" means all employees of the Company excluding those who are employed in a temporary, part-time, supervisory and/or clerical capacity, or as canal lock-keepers or railway level-crossing keepers.

Benefits

Males.—On retiring at the normal pension age of 65 members may by notice in writing to the Company, exercise one of the following options :—

(a) For payment of a pension of £1 per week for life, or;

(b) For payment of a pension of 30/- per week for a period of five years, thereafter reducing to 12/- a week for the remainder of his lifetime, or

(c) For payment of a pension of 37/6 a week for a period of five years, thereafter reducing to 6/- a week for the remainder of his lifetime.

Females.—On retiring at the normal pension age or 60 female members may exercise one of the following options :—

(a) For payment of a pension of 10/- per week for life, or;

(b) For payment of a pension of 13/- per week for a period of ten years, thereafter reducing to 6/- a week for the remainder of her lifetime.

In the event of the death of a pensioner before five years' payments have been made, the pension will be continued to his personal representative so as to ensure a minimum total pension payable of £260 in the case of males and £130 in the case of females.

Promotion.

Should a member of this Scheme receive promotion into a grade which is covered by a Scheme for the Clerical and/or the Supervisory Staffs then the pension to which he may become entitled under that Scheme will not be less than any pension to which he would have been entitled under this Scheme and the contributions he has made while in this Scheme will be applied to the provision of such pension.

Leaving Service.

A member with a minimum of 20 years' service who leaves with the Company's consent within ten years before the normal pension age and who has not been dismissed or otherwise ceased to hold employment in consequence of misconduct or of an offence of fraudulent character shall be entitled to receive a reduced pension to take effect from the date of retirement calculated as follows :— The proportion of £1 (10/- in the case of a female member) represented by the number of years of service to the number of years of possible service at normal pension age.

In the event of the death of a pensioner in receipt of a reduced pension before five years' payments have been made, the pension will be continued to his personal representative for the remainder of that period.

In the event of a member leaving the service of the Company without having been given a pension, a refund of his contributions will be made, without interest. Should, however, the member be in debt to the Company on leaving, the Company may exercise the right of lien upon his contributions against such debt.

If a member temporarily leaves the service of the Company on account of redundancy, the Company may, on his re-employment, and provided such member pays up all arrears of contributions, regard his service as continuous.

If a member temporarily leaves the service with the Company's consent for service with the National Forces during an emergency, both the member's and the Company's contributions will be paid by the Company for the period of such absence and his service shall be regarded as continuous.

Death of Employee

In the event of the death of a member while in the service of the Company before retiral on pension a return of the whole of his contributions, without interest, will be made to his personal representative.

Cost of Scheme

Members will contribute to the cost of the Scheme as follows :—

The contributions shall be deducted each week from the member's wages or Sickness Benefit.

Contributions shall be made from the date on which a member first becomes eligible for membership.

The Company will bear the balance of the cost of this Scheme.

Amendment of Scheme

The Company may whenever it thinks proper submit to the Minister for Industry and Commerce proposals for the amendment (whether by addition, omission or variation) of this Scheme.

On such submission the Minister, having heard all parties desirous of being heard and appearing to him to be interested therein, may confirm or reject the amendment as he thinks proper. An amendment so confirmed shall have effect in accordance with its terms on and from the date of confirmation.

Where the context so admits, the masculine shall include the feminine.

GIVEN under my Official Seal, this 28th day of March, 1945.

SEÁN F. LEMASS,

Minister for Industry and Commerce.