S.I. No. 12/2004 - Córas Iompair Éireann Spouses' and Children's Superannuation Scheme (Amendment) Scheme (Confirmation) Order 2004

I, SÉAMUS BRENNAN, Minister for Transport, in exercise of the powers conferred on me by section 44 (4) of the Transport Act 1950 (No. 12 of 1950), and Article 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 ) (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 Córas Iompair Éireann Spouses’ and Children’s Superannuation Scheme (Amendment) Scheme (Confirmation) Order 2004.

2. In this Order “amending Scheme” means the Scheme amending the Córas Iompair Éireann Spouses’ and Children’s Superannuation Scheme (confirmed by the Córas Iompair Éireann Spouses’ and Children’s Superannuation Scheme (Confirmation) Order 1989 ( S.I. No. 211 of 1989 )), prepared by Córas Iompair Éireann and submitted to the Minister for Transport under Article 5 of the Córas Iompair Éireann (Additional Powers) Order 1988 ( S.I. No. 381 of 1988 ), and 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 is deemed to have come into operation on 6 April 1995.

SCHEDULE

CÓRAS IOMPAIR ÉIREANN SPOUSES’ AND CHILDREN’S SUPERANNUATION (AMENDMENT) SCHEME 2004

1. Definitions

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 Córas Iompair Éireann Spouses’ and Children’s Superannuation Scheme as set out in the Schedule to the Córas Iompair Éireann Spouses’ and Children’s Superannuation Scheme (Confirmation) Order 1989 ( S.I. No. 211 of 1989 ) as subsequently amended by an amending Scheme confirmed by Statutory Instrument No. 206 of 1992 and by a second amending Scheme confirmed by Statutory Instrument No. 324 of 2000;

“the 1951 Scheme” means the C.I.É. 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 and 324 of 2000;

“this Scheme” means the existing Scheme as hereby amended;

“the operative date” means the 6 April, 1995.

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

The existing Scheme is hereby amended 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. With effect from the operative date, the assets of the fund of this Scheme shall be transferred, and contributions payable under this Scheme shall be paid, to the fund of the 1951 Scheme, and benefits arising under this Scheme shall cease to be payable out of the fund of this Scheme.

6. With effect from the operative date, Article 2 of the existing Scheme shall be amended—

(a) by deleting from Clause (2) of Article 2 the definition of the expression “the deceased’s pension” and inserting in its place the following definition:

“the deceased’s pension” means, in relation to a deceased,

(a) where s/he retires on account of his/her infirmity before reaching the normal age of retirement and is awarded a pension, the pension which would be granted to him/her if, at the time of his/her retirement, s/he had the pensionable membership which s/he would have had if s/he had served to age 65 years, increased by reference to pension increases granted during the period between his/her retirement and his/her death,

(b) where s/he dies while a contributing member having at least five years’ pensionable membership, the pension for which s/he would have qualified if, on the date of death, s/he had retired and then had the pensionable membership which s/he would have had if s/he had served to age 65 years,

(c) where otherwise than on retirement due to infirmity, s/he is awarded a pension, the amount of such pension, increased by reference to pension increases granted during the period between his/her retirement and his/her death,

(d) for the purposes of Clause (4) of Article 6 and Clause (3)(a) of Article 8, the deceased’s pension shall be calculated on the basis that Net Pensionable Salary, as defined in the 1951 Scheme, means the amount by which Pensionable Salary, as defined in the 1951 Scheme, exceeds once times the annual maximum personal rate of Old Age (Contributory) Pension payable on the last day of pensionable membership.

PROVIDED THAT for the purpose 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.

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 co-ordinate the members’ superannuation contributions and benefits with social insurance benefits with effect from 6 April 1995.