Harbours Act, 1996
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Existing superannuation schemes, establishment of pension funds, arrangements for pilots, etc. |
41.—(1) (a) A superannuation scheme made under— | |
(i) section 151 of the Act of 1946, or | ||
(ii) any other enactment (other than one referred to in subsection (6)), | ||
by the former harbour authority of a company's harbour and which is in force immediately before the relevant vesting day shall (notwithstanding the repeal by, or, as the case may be, any cesser effected by, section 5 of the said section 151 or other enactment aforesaid) continue in force and to apply to each person to whom it applied immediately before that day. | ||
(b) A person who— | ||
(i) immediately before the relevant vesting day was a member of the staff of the former harbour authority of the harbour of a company (being a company in relation to which a scheme referred to in subparagraph (i) of paragraph (a) is continued in force under that paragraph) but was not participating in such a scheme, or | ||
(ii) becomes a member of the staff of such a company after the relevant vesting day, | ||
may, after the relevant vesting day, participate in such a scheme in accordance with the provisions thereof. | ||
(c) For the purposes of this subsection— | ||
(i) references in a scheme continued in force under paragraph (a) to the harbour authority which made the scheme shall be construed as references to the company in relation to which the scheme is so continued in force and the provisions of the scheme shall otherwise be construed so as to have effect in relation to that company and the members of its staff and other persons concerned, | ||
(ii) any fund established by the said harbour authority for the purposes of a scheme as aforesaid and in existence immediately before the relevant vesting day shall continue in existence for the purposes of the scheme and any persons who were appointed before the said day by the harbour authority as trustees to administer the said fund and whose appointment stands unre-voked immediately before the said day shall continue to have and enjoy (subject to the terms of the instrument referred to in subparagraph (iii) and the provisions of any enactment or instrument thereunder) the powers, rights and duties as such trustees, | ||
(iii) any instrument by or under which the said trustees were appointed shall, subject to the provisions of any enactment or instrument thereunder, continue to have effect for the purposes of the fund aforesaid and for this purpose the provisions of the instrument shall be construed in like manner to the manner which sub-paragraph (i) provides that the provisions of the scheme concerned shall be construed. | ||
(d) A company in relation to which a scheme is continued in force under this subsection may amend or revoke, or, if directed by the Minister to do so, shall, in the manner specified in the direction, amend or revoke, the scheme as if it were a scheme made under section 40 (1) but no amendment shall be made to the scheme that would result in the superannuation benefits that may be granted under the scheme or the terms and conditions in relation thereto being less favourable to the members of the company's staff and other persons concerned than those to which they were entitled under the scheme before the making of the amendment. | ||
(2) Without prejudice to subsection (1), where a superannuation benefit falls due for payment to or in respect of a person to whom subsection (4) of section 40 applies in the period beginning on the relevant vesting day and ending immediately before the coming into operation of a scheme submitted by a company and approved of under that section, the benefit shall be calculated and paid by the company in accordance with such superannuation scheme or such enactments in relation to superannuation, as applied to such person immediately before the said vesting day and, for that purpose, his or her pensionable service with the company shall be aggregated with his or her previous pensionable service. | ||
(3) (a) Subject to paragraph (b), a company which makes a scheme under section 40 (1) shall, as soon as may be after the making of the scheme— | ||
(i) establish a fund from which superannuation benefits payable under the scheme may be paid, | ||
(ii) make such arrangements as it considers to be necessary for the administration of such a fund (including the appointment of trustees for the purpose). | ||
(b) Paragraph (a) shall not apply if— | ||
(i) there is in existence immediately before the making of a scheme as aforesaid (“the subsequent scheme”) a fund in respect of a superannuation scheme continued in force under subsection (1) in relation to the company concerned (“the prior scheme”), being a fund the existence of which is continued by virtue of subsection (1) (c) (ii) or which is established under paragraph (c), and | ||
(ii) the subsequent scheme provides— | ||
(I) that the said fund shall continue in existence for the purposes of the subsequent scheme, or | ||
(II) if the prior scheme is not revoked by the subsequent scheme, that the said fund shall have effect for the purposes of both the prior scheme and the subsequent scheme. | ||
(c) If in respect of a superannuation scheme continued in force under subsection (1) no fund was established by the former harbour authority which made the scheme the company in relation to which the scheme is so continued in force shall, as soon as may be after the relevant vesting day— | ||
(i) establish a fund from which superannuation benefits payable under the scheme after the said day may be paid, | ||
(ii) make such arrangements as it considers to be necessary for the administration of such a fund (including the appointment of trustees for the purpose). | ||
(d) (i) A company shall take all reasonable steps to ensure that on and from the appropriate date a fund established by it under paragraph (a) or (c) or continued in existence in relation to it by virtue of subsection (1) (c) (ii) comprises sufficient moneys as will enable the payment from that fund, as distinct from the revenues of the company, of superannuation benefits under the scheme or schemes concerned as and when those benefits fall due for payment. | ||
(ii) In this paragraph “appropriate date” means the date specified by the Minister for the purposes of this paragraph in relation to the company concerned after consultation with that company. | ||
(4) (a) In relation to a scheme or schemes made by a company under section 40 (1), previous service by a member of the staff of the company in the employment of the former harbour authority of the company's harbour or the Department of the Marine, as the case may be, shall be reckonable as service with the company for the purposes of the scheme or schemes. | ||
(b) The reference in this paragraph to previous service by a person in the employment of a harbour authority or the Department of the Marine includes a reference to previous service by the person otherwise than in the employment of the harbour authority or the Department of the Marine, as the case may be, that was treated by the harbour authority or the said Department of State, as the case may be, as service by him or her in their or its employment for superannuation purposes. | ||
(5) (a) The Minister for Finance shall determine an appropriate contribution, related to reckonable service given before the relevant vesting day, towards the superannuation benefits which may be granted to or in respect of persons who are transferred to the staff of Dún Laoghaire Harbour Company under section 38 and shall, subject to paragraph (c), pay such contribution to the trustees appointed under subsection (3) in respect of the fund concerned at such times and in such manner as he or she shall determine. | ||
(b) Where any part of the contribution under paragraph (a) remains unpaid for any period after the relevant vesting day, interest shall be payable by the Minister for Finance to the trustees referred to in that paragraph at such rate as the Minister for Finance may determine in respect of that period on the amount so unpaid. | ||
(c) Payments under paragraph (a) or (b) shall be made not later than 5 years after the relevant vesting day. | ||
(6) Notwithstanding the repeal of the Pilotage Act, 1913 , by section 5 — | ||
(a) any pilots' benefit fund established under section 17 (1) (j) of that Act by the former pilotage authority for a company's pilotage district and in existence immediately before the commencement of section 56 in relation to that company, or | ||
(b) any superannuation scheme or arrangements made or entered into by that pilotage authority for the purpose of granting superannuation benefits to or in respect of pilots licensed under that Act in respect of that pilotage district and which is or are in force immediately before such commencement, | ||
shall continue in existence or force and may, as appropriate— | ||
(i) be dealt with in accordance with a pilotage agreement under section 59 , or | ||
(ii) be otherwise dealt with or administered by that company in such manner as it thinks just and equitable (which may include the replacement of the fund, scheme or arrangements by a scheme under section 40 (1) or by provisions inserted in a scheme continued in force in relation to that company under subsection (1) by an amendment thereof under that subsection), | ||
but not so as to prejudice the operation of the provisions of subsection (7). | ||
(7) (a) In this subsection— | ||
“benefits” includes superannuation benefits; | ||
“company concerned” means the company referred to in subsection (6); | ||
“relevant pilot” means a pilot referred to in subsection (6) (b) who was such a pilot immediately before the commencement of section 56 in relation to the company concerned. | ||
(b) A relevant pilot who is employed by the company concerned under section 56 (1) (a) immediately after the commencement of that provision in relation to the company may opt not to participate in a scheme referred to in section 40 (1) or subsection (1) and may require the company to enter into such arrangements with him or her as will enable him or her to continue to enjoy the benefits (whether preserved or not) of or under the fund, scheme or arrangements referred to in subsection (6) which he or she enjoyed before such commencement but subject to the same terms and conditions to which the said fund, scheme or arrangements provided that the enjoyment of the said benefits was to be subject. | ||
(c) The company concerned shall ensure that a person who is in receipt of benefits under a fund, scheme or arrangements referred to in subsection (6) immediately before the commencement of section 56 in relation to the company shall continue to receive the said benefits after such commencement and that such receipt is subject to the same terms and conditions to which the said fund, scheme or arrangements provided that the receipt of the said benefits was to be subject. | ||
(8) Subsections (6) and (7) shall be construed as one with Part IV . | ||
(9) Where the Minister is satisfied, after consultation with the company and trustees concerned, that— | ||
(a) a fund established by a company under paragraph (a) or (c) of subsection (3) or continued in existence in relation to it by virtue of subsection (1) (c) (ii) does not comprise sufficient moneys as will enable the payment from that fund of superannuation benefits under the scheme or schemes concerned as and when those benefits fall due for payment, and | ||
(b) the said company does not have resources from which there could be paid the said benefits as and when they fall due for payment, | ||
then the Minister may, with the consent of the Minister for Finance, pay to the trustees concerned such amount in respect of liabilities of the said scheme or schemes that have arisen prior to the relevant vesting day as he or she may determine. | ||
(10) All money from time to time required by the Minister or the Minister for Finance to meet sums which are, or may become, payable by him or her under this section shall be advanced out of the Central Fund or the growing produce thereof. | ||
(11) If any dispute arises as to the claim of any person to, or to the amount of, any superannuation benefit payable in pursuance of a scheme referred to in section 40 or this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final. | ||
(12) Every scheme made under section 40 , or under paragraph (d) of subsection (1) amending or revoking a scheme continued in force under that subsection, shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next subsequent 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. |