S.I. No. 132/1985 - Córas Iompair Éireann Pension Scheme For Regular Wages Staff (Amendment) Scheme (Confirmation) Order, 1985.

I, JIM MITCHELL, Minister for Communications, in exercise of the powers conferred on me by section 44 of the Transport Act, 1950 (No. 12 of 1950), and the Ministers and Secretaries (Amendment) Act, 1983 (No. 40 of 1983), hereby, after consultation with the Minister for the Public Service, order as follows:

1. This Order may be cited as the Córas Iompair Éireann Pension Scheme for Regular Wages Staff (Amendment) Scheme (Confirmation) Order, 1985.

2. In this Order "the amending scheme" means the scheme amending the Córas Iompair Éireann Pension Scheme for Regular Wages Staff prepared by the Board and submitted to the Minister under section 44 of the Transport Act, 1950 (No. 12 of 1950), and set out in the Schedule to this Order.

3. The amending scheme is hereby confirmed and shall be deemed to have come into operation on the 1st day of June, 1983.

SCHEDULE.

CÓRAS IOMPAIR ÉIREANN PENSION SCHEME FOR REGULAR WAGES STAFF (AMENDMENT) SCHEME, 1985.

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 S.R. & O. No. 242 of 1945 and subsequently amended by amending schemes confirmed by Statutory Instruments numbered 115 of 1949, 34 of 1955, 226 of 1957, 56 of 1961, 48 of 1965, 7 of 1967, 58 of 1969, 77 of 1971, 252 of 1974, 288 of 1977, 74 of 1980 and 181 of 1982.

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

"Particular Female Member" means a female member who was in the employment of the Board on the operative date and did not exercise the option presented by the Board to be subject to a normal retirement age of 65 years of age but excluding any female member who attained the age of 60 years prior to the operative date and remained in the unbroken employment of the Board after attaining that age.

"The operative date" means the 1st of June, 1983.

2. Continuation of the Existing Scheme

The existing Scheme shall continue to apply to Particular Female Members, unaffected by this amending Scheme.

3. Amendment of the Existing Scheme

(1) 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.

(2) The following sub-paragraph shall be added after the Table of Rates of Contributions as inserted by Article 4 of the Schedule to Statutory Instrument No. 288 of 1977 :—

"Female members, other than Particular Female Members, shall contribute to this Scheme by payment into the Fund in accordance with the Table of Rates above headed "Males" and members so contributing shall become entitled to benefits in accordance with that part of Table A headed "Males"."

(3) Delete the words in parenthesis "50 in the case of a female member" where the same appear in paragraph (1) of Article 11A as inserted by Article 5 of the Schedule to Statutory Instrument No. 7 of 1967 and substitute the words "50 in the case of a Particular Female Member".

(4) Delete Article 6 of the Schedule to Statutory Instrument No. 226 of 1957 and substitute the following:—

"For the purposes of this Scheme, the normal age of retirement shall be 65 years (but 60 years in the case of a Particular Female Member)."

(5) Insert the following Article to follow Article 15 of the Schedule to Statutory Instrument No. 226 of 1957 :—

"16. Payments to Personal Representatives

Where any sum not exceeding two thousand pounds or such greater amount as may be authorised by the Minister from time to time is to be paid under this Scheme to the personal representatives of a deceased member, probate or other proof of the title of the personal representatives of the deceased may, if the Board so thinks fit, be dispensed with and the sum may be paid or distributed to or among the persons appearing to the Board to be beneficially entitled to the personal estate of the deceased member or to or among any one or more of these persons upon such conditions as the Board shall think fit and the Board and the Trustees shall be discharged from all liability in respect of such payment or distribution."

GIVEN under my Official Seal, this 10th day of May, 1985.

JIM MITCHELL,

Minister for Communications.

EXPLANATORY NOTE.

The purpose of the scheme is to provide for the bringing into line of the retiring ages of female members with those of male members and for the application of the provisions of the scheme equally to male and female members.