S.I. No. 211/1989 - Córas Iompair Éireann Spouses' and Children's Superannuation Scheme (Confirmation) Order, 1989.

I, SÉAMUS BRENNAN, Minister for Tourism and Transport, in exercise of the powers conferred on me by paragraph 4 of the 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 ), hereby, after consultation with the Minister for Finance, order as follows:

1. This Order may be cited as the Córas Iompair Éireann Spouses' and Children's Superannuation Scheme (Confirmation) Order, 1989.

2. The superannuation scheme submitted by Córas Iompair Éireann for the spouses and children of its clerical, supervisory and executive staff (a copy whereof is set out in the Schedule to this Order) is hereby confirmed and shall be deemed to have come into operation on the 1st day of January, 1973.

SCHEDULE

CÓRAS IOMPAIR ÉIREANN SPOUSES' AND CHILDREN'S SUPERANNUATION SCHEME, 1989.

Part A — Interpretation and Administration.

1. Name, Object and Commencement of the Scheme:

This Scheme shall be called the Córas Iompair Éireann Spouses' and Children's Superannuation Scheme having as its purpose to provide pensions for the spouses and children of deceased members of the Scheme and shall be deemed to have come into force on the 1st day of January, 1973.

2. Interpretation:

(1) In this Scheme, save where the context otherwise requires, any word or expression importing the singular shall be construed as if it also imported the plural, any word or expression importing the plural shall be construed as if it also imported the singular, any word importing the masculine gender shall be construed as if it also imported the feminine gender and any word importing the feminine gender shall be construed as if it also imported the masculine gender.

(2) In this Scheme the following words and expressions shall have the meanings hereby assigned to them unless there is something inconsistent in the subject matter or the context repugnant to such construction:—

"the Board" means Córas Iompair Éireann;

"C. I. E. Scheme" means the Córas Iompair Éireann Superannuation Scheme, 1951 or the Córas Iompair Éireann Salaried Officers' and Clerks' (G. S. R.) Superannuation Scheme or the Salaried Officers and Clerks (G. N. R., C. D. R. and I. R. C. H.) Superannuation Scheme, 1977 or the D. U. T. C. Scheme for Clerical and Supervisory Staff or any other Superannuation Scheme for Salaried Staff of the Board;

"salaried employee" means a person employed on the Salaried Staff of the Board who is a member of a C. I. E. Scheme;

"the Minister" means the Minister for Tourism and Transport;

"the Trustees" means the Trustees of the Scheme for the time being;

"Committee" means the Committee to whom under the provisions of this Scheme the administration is for the time being entrusted;

"adoption order" means an adoption order made under the Adoption Act, 1952 (No. 25 of 1952);

"child" means a legitimate child of the deceased, an adopted child of the deceased or (where appropriate on or after the 1st of January, 1979) a step-child of the deceased who is—

( a ) a person under 16 years of age, or

( b ) a person under the age of 21 years of age who is receiving full time instruction at any university, college, school or other educational establishment, or

( c ) a person under the age of 21 years of age who is undergoing full time instruction or training by any person (in this Scheme referred to as "the Employer") for any vocation, profession or trade, being instruction or training approved of by the Committee for the purposes of this Scheme, or

( d ) a person who is permanently incapacitated by reason of mental or physical infirmity from maintaining himself and who when his permanent incapacity first occurred was a person described in any of the foregoing paragraphs of this definition, provided that in case the person reaches the age of 21 years prior to the 11th day of June, 1975, this definition shall not apply to him during the period beginning on the day on which he reaches that age and ending on the 10th day of June, 1975.

PROVIDED THAT where, in relation to a person referred to in paragraph (b) or (c) above a break occurs in his full time instruction or training, then, unless the Committee otherwise directs, he shall for the duration of such break be regarded as having ceased to be a child for the purposes of this Scheme.

AND FURTHER the following shall not be regarded as a child within the meaning of this Scheme, namely:

(i) a person who was not wholly or mainly dependent on a member immediately prior to the member's death,

(ii) a person who is married or is cohabiting with another as man and wife, or

(iii) a person referred to in paragraph (c) above in respect of whom emoluments in respect of such instruction or training are payable by or on behalf of the employer and which are of such an amount as makes the person self supporting, save that if there are compassionate grounds for so doing, the Committee may in their absolute discretion and for so long as they think fit regard such person as being a child for the purposes of this Scheme;

"adopted child" means in relation to any member, a child adopted by him (whether alone or jointly with any other person) either in pursuance of an adoption order or in accordance with the law of a country or territory other than the State and recognised by the law of the State as valid and references to adopted or to a person by whom another person has been adopted shall be construed accordingly. Where a married member applies, before the termination of his contributing membership, for an adoption order in respect of a child and dies before the adoption procedure is completed and the child is subsequently adopted by the member's surviving spouse, the child shall, from the date on which the member has custody of him, be deemed to be the member's adopted child;

"children's pension" has the meaning assigned to it by Article 22;

"contributing member" means a member, being a member of a C. I. E. Scheme who is serving on the salaried staff of the Board;

"the deceased" has the meaning assigned to it by Article 22;

" the deceased's pension" means, in relation to a deceased,

( a ) where prior to the 11th day of June, 1975, he was awarded a pension under a C. I. E. Scheme, the amount of such pension,

( b ) where prior to the 11th day of June, 1975, having at least five years' pensionable membership, he dies while a contributing member, the pension for which he would have qualified if, on the date of death, he had retired and then had the pensionable membership which he would have had if he had served to age 65,

( c ) where on or after the 11th day of June, 1975, he retires on account of his infirmity before reaching the normal age of retirement and is awarded a pension, the pension which would be granted to him if, at the time of his retirement, he had the pensionable membership which he would have had if he had served to age 65,

( d ) where prior to the 11th day of June, 1975, he retires on account of his infirmity before reaching the normal age of retirement and is awarded a pension, then until the 10th day of June, 1975, the said pension so awarded and subsequent to if at the time of his retirement he had the pensionable membership which he would have had if he had served to age 65,

( e ) where on or after the 11th day of June, 1975, he dies while a contributing member, the pension which would be payable if paragraph (b) of this definition applied to him,

( f ) where on or after the 11th day of June, 1975, otherwise than on retirement due to infirmity, he is awarded a pension, the amount of such pension.

PROVIDED THAT for the purposes of this Scheme, the deceased's pension shall not exceed one eightieth of pensionable salary for each year of reckonable service subject to a maximum of 40/80ths;

"spouse's pension" has the meaning assigned to it by Article 22;

"death benefit" means any lump sum or commuted annuity payable under a C. I. E. Scheme upon the death of a member or a former member;

"former member" means a member who, being then married or whose spouse had died while he was a contributing member, had retired and been awarded a pension under a C. I. E. Scheme;

"salary" in relation to a member means the annual rate of remuneration paid by the Board to such member and does not include payments for overtime, bonuses, commissions, travelling expenses or subsistence and the like, or the money equivalent of emoluments in kind or of railway or other tickets or passes provided for him or of motor cars or other vehicles supplied for his use, or of any other advantage payment or allowance given him;

"infirmity" means permanent bodily or mental infirmity not the result of the member's own misconduct which in the opinion of the Board renders the member incapable of performing the duties of his position with the Board;

"capital sum" means the capital sum so called in a C. I. E. Scheme and payable out of the same upon the retirement of a member;

"the Fund" means the Fund established by this Scheme;

"the Accountant" means the Chief Accountant of the Board or any officer however designated who fulfils the duties of Chief Accountant for the time being;

"the Secretary" means the person appointed for the time being as Secretary of this Scheme and includes where appropriate a person acting temporarily as substitute for such person;

"the Actuary" means the Actuary or Actuaries for the time being appointed by the Board for the purposes of this Scheme;

"pensionable salary" shall be taken as the salary of the member at the date of retirement or death, except that if a member has not had the same scale of salary or has not been in the same grade for the last three years of his pensionable service, his retiring salary shall be taken as the salary payable if there had not been a change of salary or grade together with the difference between that rate and the annual basic rate of remuneration payable at time of retirement or death multiplied by the ratio to three years of the period from the date of the change of salary or grade to the date of retirement or death, subject to the retiring salary so taken not exceeding the annual basic rate of remuneration payable at the time of retirement or death;

"pensionable membership" shall have the same meaning as is assigned to it by the C. I. E. Scheme of which the member is a member.

3. Trustees:

(1) The Board shall have power, after consultation with the Committee and with the approval of the Minister, to appoint and remove Trustees who may be either a corporation or individuals. Individual Trustees shall not be more than five in number and if, at any time, their number is reduced below three the Board shall with all convenient speed appoint new Trustees to bring the number up to three at least.

(2) A copy of the Resolution of the Board appointing or removing Trustees certified by the Secretary of the Board shall be deemed sufficient evidence of any appointment or removal of Trustees.

(3) If, at any time, there are no Trustees, the General Manager and Secretary of the Board may act as Trustees pending the appointment of new Trustees.

(4) A Trustee shall not be liable for any loss occasioned by negligence or breach of trust if in the opinion of the Board he has acted honestly and ought fairly to be excused.

4. Investment of the Fund:

All monies in the hands of the Trustees belonging to the Fund and not required for the immediate purposes of the Scheme may be lent to the Board repayable on demand and at an agreed rate of interest, or may be invested in the names or under the control of the Trustees as the Board, after consultation with the Committee, shall think proper in any investments for the time being authorised by law as investments for trust monies, or in any other investments for the time being approved of, for the purposes of the Scheme, by the Minister for Finance.

5. Duties of Trustees:

(1) The Trustees shall stand possessed of the Fund upon trust out of the income thereof and as far as may be necessary out of the capital to make provision in accordance with paragraph (2) of this Clause for the payment of benefits under this Scheme and any other payments required for the administration of the Scheme.

(2) The Trustees shall lodge from time to time in a separate bank account, to be kept by the Accountant, such sums as, from an examination of particulars furnished to them and certified by the Committee the Trustees consider necessary to enable punctual payment to be made of all sums properly payable from time to time out of the Fund.

(3) The Trustees shall satisfy themselves so far as is reasonably possible that the records and accounts relating to the receipts and expenditure of the Fund are properly kept.

6. Payments:

(1) Payment of benefits or other sums out of the Fund shall be made from time to time by drawings on the current bank account and the Trustees may give such directions as they think fit for the operation of that or any other bank account of the Fund including the signing and endorsement of cheques.

(2) From time to time according as payments are required the Committee shall supply to the Accountant such lists of payments, accounts and vouchers as he requires for the preparation of the necessary cheques. Each such list shall be certified as accurate by one Board's Committee member and one Member's Committee member and counter-signed by the Secretary.

7. Accounts:

(1) The Trustees and the Committee shall cause full and true accounts to be kept of the Fund and of all dealings with the Fund.

(2) The accounts shall be audited annually by the Auditors of the Board who shall certify as to their accuracy and furnish a report thereon.

(3) The Secretary shall cause a copy of the annual accounts with the Auditors' Certificate and report to be exhibited in every Department of the Board where any members are employed and shall furnish a copy to any member on demand at a charge of 10p.

8. Administration of the Scheme:

(1) The Scheme shall be administered in accordance with Part B hereof by the Committee consisting of 8 persons of whom 4 shall be appointed by the Board and 4 shall be Members' Committee-members appointed by the Members' Committee-men of the C. I. E. Schemes. The Secretary shall convene the first meeting of the Committee as soon as sufficient Committee-members to form a quorum have been appointed.

(2) The Committee shall meet together for the dispatch of business as often as may be necessary and all acts of the Committee and questions coming before the Committee for decision shall be done or decided by the majority vote of the Committee members present and voting.

(3) Acts and decisions of the Committee shall not be rendered invalid by any vacancy among the Committee or by any defect in the qualification or appointment of a Committee-member.

(4) A Committee-member shall not be liable to any loss occasioned by negligence or breach of trust if in the opinion of the Board he has acted honestly and ought fairly to be excused.

9. Administration Expenses:

The Board shall repay to the Fund all expenses incurred in the administration of the Fund or the Scheme excluding the amount of benefits paid out of the Fund or the expenses incurred in relation to the investment of the Fund, but including all other expenses incurred by the Trustees or the Committee.

10. Board's Committee-members:

(1) The Board shall appoint from time to time as occasion may require such persons as it thinks fit to be the Board's Committee-members.

(2) The Board may at any time remove from office a Board's Committee-member.

11. Members' Committee-members:

(1) The Members' Committee-men of the C. I. E. Salaried Officers' and Clerks' (G. S. R.) Superannuation Scheme and of the Salaried Officers' and Clerks' (G. N. R., C. D. R. and I. R. C. H.) Superannuation Scheme, 1977 shall each appoint one of their number to be a Members' Committee-member of this Scheme and the Members' Committee-men of the C. I. E. Superannuation Scheme, 1951 shall appoint two of their number to be Members' Committee-members of this Scheme and further, whenever the C. I. E. Salaried Officers' and Clerks' (G. S. R.) Superannuation Scheme or the Salaried Officers' and Clerks' (G. N. R., C. D. R. and I. R. C. H.) Superannuation Scheme, 1977 being closed Schemes are dissolved or for any reason the Members' Committee-men of those Schemes fail to appoint Committee-members, the Members' Committee-men of the C. I. E. Superannuation Scheme, 1951 shall appoint from their number Committee-members to fill the vacancies thus left unfilled.

(2) A Members' Committee-member who ceases to be a Members' Committee-man of a C. I. E. Scheme shall cease to be a Members' Committee-member of this Scheme and the consequent vacancy shall be filled in accordance with paragraph (1) without undue delay.

(3) The Committee may at any time remove from office a Members' Committee-member who had become incapable of performing his duty efficiently through infirmity or who has been absent from meetings of the Committee for more than six months.

12. Committee Procedure:

(1) At the first meeting of the Committee the senior of the Board's Committee-members shall act as Chairman until the election of the Chairman of the Committee which shall be the first business of the meeting.

(2) The Committee shall select one of the Board's Committee-members to be Chairman of the Committee and determine the period for which he shall continue to be the Chairman (subject to his death, resignation or disqualification) and upon retiring he shall be eligible for re-election.

(3) The Chairman of the Committee shall act as Chairman of every meeting of the Committee at which he is present. If he is absent or if the office is vacant the senior Board's Committee-member present shall act as Chairman of the meeting.

(4) In the case of equality of votes at a meeting of the Committee the Chairman of the meeting shall have a second or casting vote.

(5) The quorum at a meeting of the Committee shall be five Committee-members of whom not less than two shall be Board's Committee-members and not less than two shall be Members' Committee-members.

(6) Subject to these provisions the Committee shall regulate the times and places of the meetings and procedure thereat in such manner as they think fit.

(7) The Committee shall cause proper minutes to be kept of their proceedings. The minutes so kept of any meetings of the Committee purporting to be signed by the Chairman of the meeting or of the next succeeding meeting shall be prima facie evidence of the matters and things recorded therein.

13. Secretary:

(1) Subject to the consent of the Board in regard to the particular person appointed the Committee shall appoint one of the staff of the Board to be the Secretary to the Scheme and may at any time remove the Secretary, and subject to the like consent, replace him.

(2) Whenever necessary the Committee may, subject to the consent of the Board, appoint a member of the staff of the Board to act as temporary substitute for the Secretary.

(3) The Secretary shall act generally under the orders of the Committee. In addition to any duties expressly assigned to him by other provisions of the Scheme he shall perform the following duties:—

( a ) he shall keep all records, minutes and accounts relating to the Fund, this Scheme and the business of the Committee;

( b ) he shall receive and report to the Committee all applications for benefits from the Fund and shall bring before the Committee all matters proper to be considered by them;

( c ) he shall be responsible for submitting the accounts of the Fund to the Auditors;

( d ) any other duties in relation to the Scheme which the Committee shall require of him.

(4) The Board shall within three months of establishment of the Scheme appoint a person to be the Secretary for the purposes of receiving the appointments of Committee-members and convening the Committee who shall remain in office until the appointment of a permanent Secretary by the Committee at their first meeting. The person so appointed shall forthwith call upon the Board and the Committees of the C. I. E. Schemes to appoint their respective Committee-members and shall call the first meeting of the Committee within two months of his appointment.

14. The Actuary:

(1) The Board shall from time to time appoint an Actuary for the purposes of the Scheme.

(2) The Board shall cause an actuarial investigation of the Fund to be made by the Actuary whenever the Board thinks necessary and not less than once in every five years. The Actuary shall make a report on every such investigation to the Board, the Committee and the Trustees.

(3) The Committee may with the consent of the Board circulate a report of the Actuary among the members.

15. Records:

The Committee shall cause full and true records to be kept of the commencement and ending of membership of every member, the dates and amounts of the contributions of every member and all other relevant matters. They shall cause to be kept a register of members.

16. Inalienability of Pensions:

Pensions are to be regarded as strictly personal and shall not be assigned, charged, or alienated in any way, and shall cease to be payable if the beneficiary or prospective beneficiary attempts to alienate, charge or anticipate them or any part of them or does or suffers any act or thing whereby by operation of law or otherwise if belonging to the beneficiary or prospective beneficiary absolutely they would be or become wholly or in part payable to another person.

17. Discretionary Application:

(1) If a pension ceases to be paid or payable under the provisions of the last preceding rule the Committee in case of hardship may apply it or any part of it for the support and maintenance of the spouse or the children or any of them provided that in no case shall any payment be made to an assignee.

(2) If the pensioner becomes incapable of giving a receipt for payments due, the Committee shall have discretion to make such payments in whole or in part to such persons, including the authorities of any institution having care of the pensioner, as the Committee think fit, and the Committee shall be discharged from all liability in respect of any sum so paid.

18. Pensions becoming payable prior to 11th June, 1975:

In the application of this Scheme to the spouse and children of a salaried employee who retired on pension or died in service between the 1st day of January, 1973 and the 10th day of June, 1975 the following provisions shall have effect:—

( a ) No pension shall be payable to any spouse or child of a salaried employee who died in service without having five years pensionable membership as a member of a C. I. E. Superannuation Scheme.

( b ) When a member or former member dies prior to the 11th day of June, 1975 the increased payments of spouse's pension provided for in Article 23 (5) shall not apply.

( c ) If a member leaves a child or children as well as a spouse then from the date of death to the 10th day of June, 1975 an amount equal to 1/12th of the deceased's pension shall be payable for each child up to a maximum of six instead of the amounts provided for in Article 25 (3) of this Scheme which latter amounts shall become payable as from the 11th June, 1975.

( d ) When a pension is payable in the circumstances set out in Article 25 (3) instead of the amount provided for in that Article in respect of the period from date of death of the member or of his surviving spouse to the 10th day of June, 1975 there shall be paid, where the number of children is:—

one child — 2/12ths of the Deceased's Pension,

two children — 3/12ths of the Deceased's Pension,

three children — 4/12ths of the Deceased's Pension,

four children — 5/12ths of the Deceased's Pension,

five children or more — 6/12ths of the Deceased's Pension

As from the 11th of June, 1975 the amounts set out in Article 25 (3) shall apply.

Part B — Contributions and Benefits.

19. The Scheme will provide pensions for the spouses and children of salaried staff who are members of a C. I. E. Scheme and who became members of this Scheme by virtue of Clause 20 hereof.

20. Membership:

The following persons shall be members of this Scheme:—

(1) All male salaried employees appointed to the service of the Board on or after 1 January, 1976;

(2) All female salaried employees appointed to the service of the Board on or after 1 January, 1985,

(3) Male salaried employees in the service of the Board during the whole or any part of the period from the 1st January, 1973 to the 31st December, 1975 who, during the period 28th November, 1975 to 31st December, 1979 exercised an option to join this Scheme;

(4) Female salaried employees in the service of the Board on 1 January, 1985, having been appointed prior to that date, who during the period 1st November, 1984 to 1st May, 1985 exercised an option to join this Scheme.

21. Free cover for children after the death of a spouse:

If, after his becoming a member of this Scheme but before his retirement, a member's spouse dies and there is at that time a child or children, any such child will, on the members death, be eligible for a children's pension without increase in the contribution payable under Article 28.

22. Power to grant Spouses' and Children's Pensions:

Subject to the provisions of this Scheme, on the death of a contributing or former member (in this Scheme referred to as "the deceased") to or in respect of whom a pension or death benefit has been or is awarded, there shall be granted in respect of his service—

( a ) where he leaves a spouse, a pension to that spouse (hereafter in this Scheme referred to as a "spouse's pension"), and

( b ) where he had a spouse at any time after this Scheme first applied to him (whether or not the marriage continued until his death and whether or not a spouse's pension is, or can be granted), a pension for the children of the marriage, and, in the circumstances specified in this Scheme, for other children of his (in this Scheme referred to as a "children's pension");

provided that any marriage of the member which takes place after he had ceased to be a contributing member shall not be taken into account for the purposes of this Scheme, and accordingly any reference to a marriage, a spouse or the children of the deceased shall be construed in accordance with the foregoing.

23. Spouses' Pensions:

(1) A spouse's pension shall not be granted or paid under this Scheme—

( a ) if the spouse was at the time of the death of the member cohabiting with a person other than the deceased as man and wife, or

( b ) in respect of any time after the said death when the spouse is remarried or is so cohabiting with any person.

(2) Notwithstanding paragraph (1) of this Article, where,

( a ) a pension under this Scheme is not granted or ceases under the said paragraph (1), and

( b ) at a subsequent date to the date of the marriage or cohabitation by reason of which the pension was withheld or ceased, the Committee is satisfied that the marriage or cohabitation has come to an end, or that there are compassionate grounds for the payment of pension, the Committee may, if they think fit, grant or regrant, as may be appropriate, the pension as from,

(i) in case the marriage or cohabitation has come to an end, the date on which the marriage or cohabitation ended;

(ii) in any other case, a date not earlier than the date on which the relevant application is received by the Committee,

provided that this paragraph shall not apply in any case where the spouse is entitled to benefit under this or any other public sector spouses' and children's pension scheme by virtue of the fact that his spouse of the second marriage was a member of this Scheme.

(3) Subject to paragraph (1) of this Article, a spouse's pension may be paid for the whole of the period beginning on the death of the deceased and ending with the death of the spouse.

(4) The rate of a spouse's pension shall be one-half of the rate of the deceased's pension.

(5) Notwithstanding paragraph (4) of this Article, where on the death of a contributing or former member, a spouse's pension becomes payable to his spouse, the rate of that pension may, in respect of the first month after his death, be increased,

( a ) in case he dies while a contributing member, to one-twelfth of the rate of his pensionable salary,

( b ) in case he dies after being granted a pension and the rate of pension payable to him on the date of his death is greater than the rate of spouse's pension otherwise payable under this Scheme, to one-twelfth of the said rate of pension,

provided that the rate as so increased shall be reduced by the rate of any children's pensions payable under this Scheme.

24. Children's pensions/beneficiaries:

(1) A pension may not be granted under this Scheme for a child,

( a ) if the deceased remained unmarried during the period commencing on the 1st day of January, 1973, or, if later, the date on which this Scheme first applied to him, and ending on the date on which he ceased to be a contributing member, or

( b ) if the child was conceived after the deceased ceased to be a contributing member, or

( c ) because he is the adopted child of the deceased, if,

(i) the deceased was unmarried throughout the time this Scheme applied to him, or

(ii) he was adopted by the deceased after,

(A) the date of termination of the deceased's last marriage, or

(B) the date on which the deceased ceased to be a contributing member,

whichever was the earlier, or

( d ) because he is the step-child of the deceased, if the deceased's marriage to the child's parent took place after the last day of the deceased's pensionable membership.

(2) A child shall not be eligible for a children's pension in respect of more than one member. Where there would, apart from this paragraph, be an eligibility for children's pension in respect of two or more members, the child will count as eligible in respect of one of them in the way which, in the opinion of the Committee, will give the most favourable overall result for the child or children in question.

25. Children's pensions; rate and mode of payment:

(1) A children's pension under this Scheme will be paid to the relevant member's spouse if the eligible children are in her care, and in case any child in respect of whom the pension is payable is not in such care, the pension will be paid either to the child or to such other person as the Committee may determine. If the children are in the care of more than one person different parts of the children's pension will be paid to those persons in such proportions as the Committee may determine. In all cases, the pension is to be applied for the benefit of the children for whom it is granted.

(2) A children's pension may only be paid in relation to a period subsequent to the death of the deceased.

(3) The rate of children's pension under this Scheme shall be—

( a ) where the deceased leaves no spouse or, if he leaves a spouse and the spouse dies, after her death,

(i) where there is only one child, four-twelfths of the deceased's pension,

(ii) where there are two or more children, a rate in respect of each child equivalent to where F is six-twelfths of the deceased's pension and G is the number of children;

( b ) subject to paragraph (4) of this Article, where the deceased leaves a spouse,

(i) where there are not more than three children, two-twelfths of the deceased's pension for each child,

(ii) where there are more than three children, a rate in respect of each child equivalent to where X is six-twelfths of the deceased's pension and Y is the number of children.

(4) ( a ) Where the children of the deceased are at the time of, or at any time after, his death in the care of some person other than his spouse, the Committee may, if they think fit, and for so long as they are in such care apply the rate of pension provided for in paragraph (3) (a) of this Article notwithstanding that the spouse is still alive.

( b ) Where some but not all of the children of the deceased are at the time of, or at any time after, his death in the care of a person other than his spouse, the rate of that portion of the children's pension which is payable in respect of the children who are in the care of that person may be calculated by reference to the rates specified in paragraph (3) (a) of this Article, provided that the amount of children's pension payable in respect of a deceased shall not exceed one-half of the rate of the deceased's pension.

(5) Notwithstanding the foregoing provisions of this Article, where the deceased leaves a surviving spouse and no spouse's pension is granted to her under this Scheme or, if one is so granted to her and it ceases to be paid before her death, no children's pension shall be payable under this Scheme as respects any period comprised within the lifetime of the spouse or within the time in respect of which no spouse's pension is payable, as may be appropriate, unleses the Committee in their absolute discretion shall decide that such a pension shall be so payable, and in case they shall so decide, they may if they think fit apply paragraph (4) of this Article as respects any such period.

26. Periodic Contributions:

(1) Contributions shall be payable by a member as follows:

( a ) the rate of the contribution shall be one and one half per cent of the amount of the salary from time to time payable to him (or where he is in receipt of reduced salary because of absence from employment, of the amount of the salary that would be payable to him if he were not so absent);

( b ) the contribution shall be paid in respect of his salary during the period commencing on the 1st day of January, 1973, or the date on which he becomes a member, whichever is the later, and ending when he ceases to be a contributing member, and at such times and in such manner as the Committee may determine.

(2) Contributions payable under this Article are in this Scheme referred to as "periodic contributions".

(3) No contributions shall be payable under this Scheme by a member for any period which does not constitute pensionable membership.

27. Refund of contributions:

(1) If a member,

( a ) ceases to be a contributing member and was unmarried at all times during his membership of this Scheme, or

( b ) ceases to be a contributing member otherwise than on death or retirement on pension, having been married at any time during the period or for a portion of the period which this Scheme applied to him.

then if his pensionable membership for superannuation purposes is not transferred to another organisation or service, the whole of his periodic contributions shall be returned to him or to his legal personal representative and all entitlements and potential entitlements in respect of him under the terms of this Scheme shall cease.

(2) In any case other than a case mentioned in sub-paragraph (a) or (b) of paragraph (1) of this Article, a member on ceasing to be a contributing member may have returned to him, or if his membership ceases due to death, to his legal personal representative, such of those contributions, if any, beginning with his initial contributions and working forward, or, in the case of a member covered by sub-paragraph (b) of this paragraph, his final contribution and working back, as is necessary to secure that the period in respect of which such contributions are paid by him without being returned,

( a ) does not exceed forty years, and

( b ) if he is unmarried when he ceases to be a contributing member, does not exceed a period equal to the length of service on the date of his spouse's death, and

( c ) where the member ceases to be a contributing member before the 1st day of April, 1988, is an exact number of years.

(3) If a member has paid contributions under Article 34 (either by periodic deductions from salary or by lump sum payment) such contributions or a portion thereof shall be refunded to him or to his legal personal representative in the following circumstances:—

( a ) if contributions paid in respect of a period of notional pensionable membership of a C. I. E. Scheme are refunded, the contributions paid under Article 34 in respect of that period shall also be refunded,

( b ) if, having been unmarried at all times during his membership of this Scheme, he ceases to be a contributing member and does not transfer his pensionable membership for superannuation purposes to another organisation or service, all of the contributions paid under Article 34 shall be refunded to him or to his legal personal representative,

( c ) if, having been married at any time during the period which this Scheme applied to him, he ceases to be a contributing member and is then unmarried,

(i) if he has paid contributions under Article 34 by periodic deductions from salary, all such contributions paid since the termination of his last marriage before such cesser shall be refunded,

(ii) if he has paid contributions under Article 34 by way of lump sum payment, the lesser of

(I) the total payment, or

(II) the proportion of the payment, where A is the period (expressed to the nearest day) since the termination of his last marriage before such cesser and B is the period (expressed to the nearest day) since he elected to purchase notional pensionable membership,

shall be refunded.

(4) Where any contributions are returned under this Article they shall be returned without interest and will be subject to deduction of tax at the appropriate rate.

28. Non-periodic contributions:

(1) Where a member was married throughout the period, or for a portion of the period, during which this Scheme applied to him and he either,

( a ) ceases to be a contributing member before the 10th day of June, 1975 and such cesser is due to:

(i) death after at least five years pensionable membership, or

(ii) retirement on pension or,

( b ) ceases to be such a member on or after the said 10th day of June, 1975 and such cesser is due to:

(i) death, or

(ii) retirement on pension,

them unless the number of relevant years is nil, a contribution under this Article will be payable by way of reduction in the amount of a member's capital sum or death benefit or in such other manner as the Committee may require.

(2) A contribution under this Article shall be equal to one per cent of the annual amount of the member's pensionable salary multiplied by the number of relevant years.

(3) At the discretion of the Committee and subject to conditions specified by them, a member may elect to pay, over the period of twelve months beginning on a date specified by the Committee, being a date not earlier than the date of the election, additional contributions equal in each case to the amount of the periodic contributions payable in respect of that period and in case one or more such additional contributions are made, this Article shall apply to the person by whom the contribution or contributions is or are made subject to the following modification, namely that in calculating what is the number of relevant years that number shall be reduced by one for every contribution made by the person under this paragraph.

(4) Service after forty years of pensionable membership shall be left out of account for the purposes of this Article.

(5) In this Article, subject to paragraph (6) following, the "number of relevant years" means:—

( a ) in relation to a member who, being then married, ceases to be a contributing member before the 11th day of June, 1975,

(i) if such cesser is caused otherwise than by death, the number of completed years of pensionable membership which he then had,

(ii) if, after five or more completed years of pensionable membership, such cesser was due to death, the number of completed years of pensionable membership which he would have had if he had served to age 65,

reduced in each case by the number of completed years, if any, for which periodic contributions have been paid by him and are not returnable,

( b ) in relation to a member who, being then married, ceases to be a contributing member on or after the 11th day of June, 1975, but before the 1st day of April, 1988,

(i) if such cesser is caused otherwise than by death or retirement due to infirmity, the number of completed years of pensionable membership which he then had,

(ii) if such cesser is due to death or to retirement on grounds of infirmity, the number of completed years of pensionable membership which he would have had if he had served to age 65,

reduced in each case by the number of completed yearsif any, for which periodic contributions have been paid by him and are not returnable,

( c ) in relation to a member who, being then unmarried, ceases to be a contributing member before the 1st day of April, 1988, the number of completed years of pensionable membership which he had on the date of termination of his last marriage before such cesser, reduced by the number of completed years, if any, for which periodic contributions have been paid by him and are not returnable.

( d ) in relation to a member who, being then married, ceases to be a contributing member on or after the 1st day of April, 1988,

(i) if such cesser is caused otherwise than by death or retirement due to infirmity, the number of years of pensionable membership which he then had,

(ii) if such cesser is due to death or to retirement on grounds of infirmity, the number of years of pensionable membership which he would have had if he had served to age 65,

reduced in each case by the number of years, if any, for which periodic contributions have been paid by him and are not returnable,

( e ) in relation to a member who, being then unmarried, ceases to be a contributing member on or after the 1st day of April, 1988, the number of years of pensionable membership which he had on the date of termination of his last marriage before such cesser, reduced by the number of years, if any, for which periodic contributions have been paid by him and are not returnable.

(6) Any additional years allowed to a member in reckoning his pensionable membership of a C. I. E. Scheme (other than additional years allowed under the terms of the Clerical and Executive Grades Productivity Scheme or additional years in respect of which periodic deductions from salary or lump sum payments are made under Article 34) shall be taken into account in the determination of the number of relevant years for the purposes of paragraph (5) of this Article.

(7) Where a member to whom this Article applies gave service with an organisation other than the Board which is reckonable under a C. I. E. Scheme, any portion of that service during which he paid periodic contributions under a Scheme similar to this Scheme may, provided that those contributions were not refunded to him, be excluded in determining the number of relevant years under paragraph (5) of this Article.

(8) A contribution under paragraph (1) of this Article shall be payable by a member whose services are dispensed with prior to the 17th day of January, 1989 because of redundancy under the terms of the Clerical and Executive Grades Productivity Scheme between the 1st day of March, 1976 and the 17th day of January, 1989 and who qualifies for a superannuation allowance under a C. I. E. Scheme. At the date of his retirement he shall pay a further contribution amounting to 1.5% of his salary at that date for each year between the age at which he retires and the age of 65 and the pension or pensions in respect of his spouse and children payable upon his death shall be the pension or pensions which wouild have been payable if the member had the service which he wouild have had if he had remained in membership to the age of 65 years.

29. Contributions by the Board:

The Board shall make contributions to the Fund in respect of every member equal to the contributions made by such member.

30. Option for a Joint Annuity not to affect rights under the Scheme:

The fact that the Joint Annuity Provision of a C. I. E. Scheme applies to a member shall not affect his rights under this Scheme and the pensions payable under this Scheme in respect of the membership of a member shall be calculated as if the option under such provision in respect of the whole or part of a pension had not been exercised.

31. Marriages of members whose early death is to be foreseen:

Where a member marries and—

( a ) he dies within the year beginning on the date of the marriage, and

( b ) there are no children born of the marriage, and

( c ) the Committee is of the opinion that his death within the year beginning with the date of the marriage was, at that date, to be foreseen by him or his spouse,

for the purposes of this Scheme the marriage may be regarded by the Committee as not having taken place, and in case the marriage is so regarded all necessary adjustments (including, if need be, repayment to the Fund of sums paid in respect of pensions already granted under this Scheme and refunds of contributions made under this Scheme) shall be made accordingly.

32. Duty to give information:

(1) A member of this Scheme shall give to the Committee such information as is necessary for the proper operation of this Scheme in relation to the member.

(2) The surviving spouse of a deceased member shall give to the Committee such information as is necessary for the proper operation of this Scheme in relation to him or any children of that member.

(3) A person having the care of a child of a deceased member shall give to the Committee such information as is necessary for the proper operation of this Scheme in relation to that child.

(4) The legal personal representative of a deceased member shall give to the Committee such information as is necessary for the proper operation of this Scheme in relation to the spouse or any children of that member.

(5) Payment of pension under this Scheme shall be subject to the making by the spouse, or, where the children's pension is not payable to the spouse, by the person having the care of the children in question, of a declaration in such form and at such time as the Committee may determine.

33. Repayment of pensions overpaid:

If at any time a person receives payments on foot of a pension and such person is not entitled under this Scheme to such payments, or if a person receives payments on foot of a pension which exceed those which are appropriate under this Scheme, such person or, in case such person is dead, the personal representative of such person, shall pay to the Fund on demand such payments or excess payments as may be appropriate, and such payments or excess payments shall in default of payment be recoverable by the Committee as a simple contract debt in any court of competent jurisdiction.

34. Notional Pensionable Membership:

(1) A member who is entitled to purchase notional pensionable membership in a C. I. E. Scheme and elects so to do shall also purchase notional pensionable membership of this Scheme corresponding in the number of years purchased and method of payment with the purchase of notional pensionable membership in the C. I. E. Scheme.

(2) Periodic deductions and lump sum payments shall be made at the appropriate percentage of salary specified in the following Table of Rates for each year of notional pensionable membership purchased.

Table of Rates

(3) ( a ) The rates of deductions and lump sum payments depend upon current investment conditions and the age pattern of those electing to purchase and the rates in the preceding Table may be altered at any time by the Actuary subject to the approval of the Minister.

( b ) In applying the rates of deductions or payments to particular female member 5 years shall be added to her actual age on her birthday next following the date of her election to purchase.

( c ) Periodic deductions shall be made until the member reaches age 60, retires on pension or dies, whichever shall first occur.

35. Payment to Legal Personal Representative:

Whenever, under the provisions of this Scheme, payments are to be made to the legal personal representative of the deceased and the persons laying claim to payment are other than those to whom Grant of Probate or Letters of Administration in the estate of the deceased have been issued, payment may be withheld pending the raising of such representation, or, at the discretion of the Committee, may be made to such person or persons and upon such conditions as the Committee shall think fit.

GIVEN under my Official Seal, this 1st day of August, 1989.

SÉAMUS BRENNAN,

Minister for Tourism and Transport.

EXPLANATORY NOTE.

The purpose of the Scheme is to provide pensions for the Spouses and Children of deceased members of the Scheme.