S.I. No. 390/2003 - Coras Iompair Eireann Superannuation Scheme 1951 (Ammendment) Scheme (Confirmation) Order 2003

I, Seamus Brennan, Minister for Transport, in exercise of the powers conferred on me by section 44 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 Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 305 of 2002 )), after consultation with the Minister for Finance, hereby order as follows:

1.   This Order may be cited as the Coras Iompair Eireann Superannuation Scheme 1951 (Amendment) Scheme (Confirmation) Order 2003.

2.   In this Order —

“amending Scheme” means the Scheme prepared by Coras Iompair Eireann amending the 1951 Scheme and submitted to the Minister for Transport under section 44 (5) of the Transport Act 1950 (No. 12 of 1950), and which amending Scheme is set out in the Schedule to this Order;

“1951 Scheme” means the Coras Iompair Eireann Superannuation Scheme 1951 (confirmed by the Coras Iompair Eireann Superannuation Scheme 1951 (Confirmation) Order 1951 ( S.I. No. 353 of 1951 ).

3.   The amending Scheme is confirmed and comes into operation on the date of the making of this Order.

SCHEDULE

CÓRAS IOMPAIR ÉIREANN SUPERANNUATION SCHEME 1951 (AMENDMENT) SCHEME 2003

1. Interpretation

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

“the existing Scheme” means the C.I.E. Superannuation Scheme 1951 set out in the Schedule to the Córas Iompair Éireann Superannuation Scheme 1951 (Confirmation) Order 1951 ( S.I. No. 353 of 1951 ), and subsequently amended by the amending Superannuation Schemes confirmed by Statutory Instruments numbered 221 of 1963, 80 of 1971, 254 of 1974, 47 of 1977, 126 of 1981, 245 of 1982, 345 of 1982, 287 of 1985, 339 of 1986, 58 of 1987, 29 of 1989, 212 of 1989, 234 of 1991, 12 of 1992, 13 of 1992 421 of 1992, 323 of 2000 and 122 of 2002;

“the operative date” means the 27^th August, 2003 in respect of Articles 5, 6 and 7 of this amending Scheme.

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

3. Continuance of the existing Scheme

(1)     Subject as hereinafter specifically provided 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 pension commenced prior to the operative date and to the personal representative of any deceased pensioner or member if the deceased's pension commenced or death occurred prior to the operative date.

(2)     Subject as hereinafter specifically provided 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 affect any subsisting right or liability accrued to or in respect of, or incurred under the existing Scheme by, any person who retired from or left the service of the Board or died prior to the operative date.

4. Amendment of the Existing Scheme

Subject to the provisions of Article 3 of this amending Scheme, 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.

5. The definition of “infirmity” shall be deleted from Clause (2) of Rule 2 of the existing scheme.

6. Clause (8) of Rule 21 (adopted by S.I. No. 421 of 1992 ) shall be replaced with the following Clauses:

(8)     Where a member retires or is retired on medical grounds by reason of infirmity, the annuity and capital sum payable under Clause (2) of this Rule 21 and the ill-health notional service included under Clause (10 of Rule 29A of the existing scheme shall only be made where the following conditions are met:

(a)    Medical evidence must be supplied, having regard to which the Committee is satisfied that the member is incapable from infirmity of mind or body of discharging the duties of his/her post and that that infirmity is likely to be permanent. In this connection, the member must, if requested by the Committee undergo medical examination by a registered medical practitioner nominated by the Committee.

(b)    The retirement must be wholly due to the infirmity.

(c)    The infirmity must not have been caused by the member's own fault or negligence.

(d)    The member must not -

(i)     have made a false declaration about his/her health, or

(ii)    have suppressed a material fact about his/her health when applying to take up his/her post in the Board.

(e)    Medical evidence must be supplied to the satisfaction of the Committee certifying that the member has been incapable from infirmity of mind or body of discharging the duties of his/her post for a period of 26 weeks continuous absence, calculated in accordance with the rules of the CIE Welfare Scheme for Regular Salaried Staff.

(9)     Where any or all of the above conditions (a) — (e) are not met, Rule 21A of the existing scheme and Rule 24 of the existing Scheme shall as appropriate, apply in lieu of a benefit under Clause (8) of Rule 21 of the existing scheme and Clause (10) of Rule 29A of the existing scheme.

(10)   Where a former member is entitled to receive an annuity under Clause (8) above, the following provisions shall apply:-

(a)    the Committee may at any time while such former member is under the age of 60 years, require him/her to give such evidence as they shall deem satisfactory of his/her continued infirmity and of the amount of his/her earnings (if any) and if s/he shall not give such evidence the Committee may vary, suspend or revoke the annuity to which s/he is entitled under Clause (2) of this Rule and if they revoke the same the Committee may at any time cancel such revocation;

(b)    if in the opinion of the Committee s/he has recovered sufficiently to be able to earn an income, the Committee may suspend or revoke the said annuity as they may think the circumstances justify and the Committee may accordingly from time to time fix and vary the amount of the said annuity;

(c)    if in the opinion of the Committee s/he has recovered sufficiently to return and does return to the service of the Board, the Committee may deal with his/her case in such manner as they deem just and reasonable taking all the circumstances into consideration;

(d)    if his/her said annuity has been reduced, suspended or revoked, as aforesaid, s/he shall on attaining the age of 60 years and for the remainder of his/her life be entitled to receive the said annuity whether his/her infirmity continues or not and whether or not s/he is earning an income. Alternatively s/he may elect to receive an annuity beginning at any time after the election and after the age of 55 years for the remainder of his/her life calculated in accordance with Clause (5).

7. Clause (9) of Rule 21 (adopted by S.I. No. 421 of 1992 ) shall be renumbered Clause (11).

Explanatory Note

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

The purpose of this Scheme is to amend the 1951 Scheme insofar as it refers to the conditions governing the award of ill-health pensions.