S.I. No. 48/1965 - Córas Iompair Éireann Amending Superannuation Scheme For Regular Wages Staff (Confirmation) Order, 1965.

WHEREAS by the Córas Iompair Éireann Superannuation Scheme for Regular Wages Staff (Confirmation) Order, 1945 ( S.R. & O. No. 242 of 1945 ), made under subsection (2) of section 44 of the Transport Act, 1944 (No. 21 of 1944), the Córas Iompair Éireann Pension Scheme for Regular Wages Staff (a copy whereof is set out in the Schedule to the said Order) was confirmed:

AND WHEREAS Córas Iompair Éireann (in these Recitals referred to as the Board) has, in pursuance of subsection (5) of section 44 of the Transport Act, 1950 (No. 12 of 1950), and the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 (No. 125 of 1959), submitted to the Minister for Transport and Power a scheme (in these Recitals referred to as the amending scheme) amending the said Córas Iompair Éireann Pension Scheme for Regular Wages staff:

AND WHEREAS the Minister for Transport and Power has thought it proper to modify the amending scheme in certain respects:

AND WHEREAS the Minister for Transport and Power, having considered objections and representations in relation to the amending scheme, proposes to confirm the amending scheme, as so modified:

NOW, I, ERSKINE H. CHILDERS, Minister for Transport and Power, in exercise of the powers conferred on me by subsections (4) and (5) of section 44 of the Transport Act, 1950 (No. 12 of 1950), and the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 (No. 125 of 1959), hereby, after consultation with the Minister for Finance, order as follows:

1. This Order may be cited as the Córas Iompair Éireann Amending Superannuation Scheme for Regular Wages Staff (Confirmation) Order, 1965.

2. In this Order " the amending scheme " means the scheme (amending the Córas Iompair Éireann Pension Scheme for Regular Wages Staff) submitted by Córas Iompair Éireann under subsection (5) of section 44 of the Transport Act, 1950 , and modified by the Minister for Transport and Power.

3. The amending scheme (a copy of which is set out in the Schedule to this Order) is hereby confirmed and shall come into operation on the 22nd day of March, 1965.

SCHEDULE

CÓRAS IOMPAIR ÉIREANN AMENDING SUPERANNUATION SCHEME FOR REGULAR WAGES STAFF.

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 repugnant to such construction:—

" The existing Scheme " means the Córas Iompair Éireann Pension Scheme for Regular Wages Staff confirmed by Córas Iompair Éireann Superannuation Scheme for Regular Wages Staff (Confirmation) Order, 1945 ( S.R. & O. No. 242 of 1945 ) as amended by (a) the Córas Iompair Éireann Amending Superannuation Scheme for Regular Wages Staff (Confirmation) Order, 1949 ( S.I. No. 115 of 1949 ), (b) the Córas Iompair Éireann Amending Superannuation Scheme for Regular Wages Staff (Confirmation) Order 1955 ( S.I. No. 34 of 1955 ), (c) the Córas Iompair Éireann Amending Superannuation Scheme for Regular Wages Staff (Confirmation) Order, 1957 ( S.I. No. 226 of 1957 and, (d) the Córas Iompair Éireann Amending Superannuation Scheme for Regular Wages Staff (Confirmation) Order, 1961 ( S.I. No. 56 of 1961 ).

" This Scheme " means the existing Scheme as hereby amended.

" Operative date " means the date prescribed by the Order confirming this amending Scheme as the date upon which this amending Scheme is to come into operation.

" Existing member " means a contributing member of the existing Scheme at the operative date.

" Existing pensioner " means a person alive at the operative date who on that date is receiving or is entitled to receive a full or reduced pension under the existing Scheme.

" Total payments " means the minimum total of payments of pension or the maximum total of payments of pension respectively provided for by Articles 7 (3) and 9 (4) of the Schedule to S.I. No. 226 of 1957 , or the total payments appearing in column 5 of Table A in Article 4 (1) herein, as the case may be.

2. Continuance of Existing Scheme :

(1) 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 right to pension accrued prior to the 1st April, 1963, and the personal representative of any deceased pensioner if the deceased's right to pension accrued prior to the 1st April, 1963.

(2) (a) 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 (save in so far as it makes retrospective provision for payment of increased contributions and pensions) affect any subsisting right or liability accrued to or incurred by any person under the existing Scheme prior to the operative date.

(b) Deferred and special pensions now payable or at any time to become payable shall not be affected by this amending Scheme.

3. Amendment of Existing Scheme :

(1) Subject to the provisions of Article 2 of this amending Scheme, the existing Scheme shall be amended 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.

(2) The increased contributions and benefits provided for by this amending Scheme are, where applicable, in substitution for the corresponding contributions and benefits provided for by the existing Scheme.

4. Full Pension :

(1) The full pensions (including alternative full pensions) and the total payments set out in Table A hereunder shall, where applicable, be substituted for the like pensions and total payments payable under the existing Scheme.

TABLE A

Males

Females

(2) To ascertain the full pension or total payments proper to a retiring member reference shall be had to his basic weekly wage as indicated by column 1 of the table, and for this purpose " Basic weekly wage " means the standard weekly rate without regard to any differential, allowance, bonus or other additional payments payable:

(a) In the case of persons entitled to full pension—immediately before retirement.

5. Reduced Pensions

Reduced pensions payable to pensioners whose right thereto accrued on or after the 1st April, 1963, shall be calculated as follows:—

(a) during the period until the pensioner reaches the age of 70—such part of the appropriate alternative rate in column 3 of Table A as is proportionate to the ratio which the number of years service bears to the number of years of possible service had such former member remained in the Board's employment until the normal age of retirement, and

(b) thereafter—a like part of the appropriate alternative rate in column 4 of Table A.

6. Rate of Contributions:

Members shall contribute to this Scheme by payment into the Fund at the following rates:—

Contributions shall be deducted from the members' wages or sickness benefit.

7. Contributions of Existing Members:

(1) Every existing member shall be liable to contribute to this Scheme at his appropriate rate from the 1st day of April, 1963, or from the date of admission to membership of the existing Scheme, whichever date is the later.

(2) The amount thus due by each existing member in respect of arrears of contributions (credit being given for contributions made under the existing Scheme since the 1st day of April, 1963) shall be discharged by deducting from his wages or sickness benefits the following deductions (in addition to the current contributions), namely:—

8. Benefits and Contribution of Existing Pensioners:

(1) On and from the operative date every existing pensioner whose right to pension accrued on or after 1st April, 1963 and the personal representative of any deceased pensioner if the deceased's right to pension accrued on or after 1st April, 1963 shall be—

(a) liable to contribute to this Scheme at the appropriate rate herein provided as from 1st April, 1963, to the date upon which the pension under the existing Scheme first became payable;

(b) entitled as from the date upon which the pension under the existing Scheme first became payable, to payment of a like pension under this Scheme.

(2) The amount thus due by each existing pensioner or by the personal representative of any deceased pensioner in respect of arrears of contribution (credit being given for contributions made under the existing Scheme since the 1st April, 1963) shall be deducted from the amount likewise due to him in respect of arrears of pension (credit being taken for pension paid under the existing Scheme since the said date) and the balance, if any, shall be forthwith paid to him out of the Fund.

(3) If the said amount due by any such person as aforesaid exceeds the said amount payable to him, the excess shall be discharged by deducting the difference between the present and former rate of contribution from the pension payable to him or his personal representative until such excess shall have been fully paid off.

9. Recovery of Contributions:

If any contribution is not so deducted as aforesaid, it may be deducted from any money payable by the Fund to the existing member or pensioner or to the personal representative of a deceased member or pensioner or it shall be paid into the Fund by the existing member or pensioner or by the personal representative of a deceased member or pensioner liable to pay the same in accordance with any directions of the Trustees in that behalf.

GIVEN under my Official Seal, this 22nd day of March, 1965.

ERSKINE H. CHILDERS,

Minister for Transport and Power.

EXPLANATORY NOTE.

The purpose of this Order is to confirm a scheme to amend the existing Córas Iompair Éireann Pension Scheme for Regular Wages Staff so as to provide for increased pensions for members of the scheme with effect from 1st April, 1963.