S.I. No. 93/2001 - Córas Iompair Éireann Pension Scheme For Regular Wages Staff (Amendment) Scheme (Confirmation) Order, 2001.

I, Mary O'Rourke, Minister for Public Enterprise, in exercise of the powers conferred on me by section 44 (4) of the Transport Act, 1950 (No. 12 of 1950), and the Communications (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order, 1987 ( S.I. No. 92 of 1987 ) (as adapted by the Transport, Energy and Communications (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 299 of 1997 )), after consultation with the Minister for Finance, hereby order as follows:

1.  This Order may be cited as the Córas Iompair Éireann Pension Scheme for Regular Wages Staff (Amendment) Scheme (Confirmation) Order, 2001.

2.  In this Order “amending scheme” means the scheme amending the Córas Iompair Éireann Pension Scheme for Regular Wages Staff (confirmed by the Córas Iompair Éireann Superannuation Scheme for Regular Wages Staff (Confirmation) Order, 1945 (Statutory Rules and Orders No. 242 of 1945 )), prepared by Córas Iompair Éireann and submitted to the Minister for Public Enterprise under section 44 (5) of the Transport Act, 1950 (No. 12 of 1950), and set out in the Schedule to this Order.

3.  The amending scheme is confirmed and shall be deemed to have come into operation on 28^th April 1995.

SCHEDULE

CÓRAS IOMPAIR ÉIREANN PENSION SCHEME FOR REGULAR WAGES STAFF (AMENDMENT) SCHEME (CONFIRMATION) ORDER, 2001.

1.      Definitions.

In this amending Scheme the following words and expressions shall have the meanings hereby assigned to them and shall supersede those in the existing Scheme unless there is something in the subject matter or context contrary to such construction:

“The existing Scheme” means the Cóas Iompair Éireann Pension Scheme for Regular Wages Staff confirmed by SR & 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, 181 of 1982, 132 of 1985, 288 of 1985, 319 of 1985, 55 of 1987, 117 of 1988, 258 of 1988, 31 of 1989, 233 of 1991, 120 of 1992, 420 of 1992, 319 of 1995, and 115 of 1996.

“This Scheme” means the existing Scheme as hereby amended.

“Operative Date” means the 28^th day of April 1995.

“Wages Staff” means and includes all employees of the Board other than persons holding clerical, supervisory, executive, technical or professional positions.

“Regular Wages Staff” means and includes all such Wages Staff employees as have or shall have been appointed to the Regular Wages Staff and no other person.

“Resident Railway Level Crossing Keeper” means a railway level crossing keeper for whom the Board or a subsidiary company of the Board provides living accommodation adjunctive to his employment, whether or not a rent is payable in respect of same.

In this amending Scheme unless otherwise expressly stated words and expressions used shall have the meanings assigned to them by the existing Scheme.

2.      Continuance of the 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 pensioner whose right to pension accrued prior to the Operative Date or to the personal representative of such a pensioner and to the personal representative of a member whose death occurred prior to the Operative Date.

(2)  Nothing in this amending Scheme shall affect the rights of any of the persons mentioned in the previous sub-article, nor shall this amending Scheme affect any subsisting right or liability accrued to or incurred by any person under the existing Scheme prior to the Operative Date.

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

3.    Amendment of the Existing Scheme.

Sub-article (4) of Article 4 of SI No. 226 of 1957 (as amended by SI No. 120 of 1992 ) shall be deleted and the following sub-article substituted with effect from the Operative Date.

(4)    Subject as aforesaid:

(a)   Every employee appointed to the Regular Wages Staff on or after the Operative Date shall (subject otherwise to eligibility under the terms of this Scheme) become and be a member of this Scheme immediately upon the making of such appointment, and

(b)   A resident railway level-crossing keeper in the employment of the Board on the Operative Date shall not become a member of this Scheme unless within a time and in a manner to be specified by the Board he exercises a once off option to become a member.

Explanatory Note

(This note is not part of the Instrument and does not purport to be a legal interpretation)

The purpose of this Order is to provide for the admission of resident railway level-crossing keepers to the Córas Iompair Éireann Pension Scheme for Regular Wages Staff.