S.I. No. 96/2010 - University College Dublin, National University of Ireland, Dublin (Closed) Pension Scheme 2010.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 12th March, 2010.

University College Dublin, National University of Ireland, Dublin, with the approval of An tÚdarás um Ard-Oideachas with the consent of the Minister for Education and Science and the Minister for Finance, in exercise of the powers conferred on it by section 25(7) of the Universities Act 1997 (No. 24 of 1997) as adapted by the National University of Ireland, Dublin (Change of Name of University) Order 1998 ( S.I. No. 447 of 1998 ), hereby make the following scheme:

1. This Scheme may be cited as the University College Dublin, National University of Ireland, Dublin (Closed) Pension Scheme 2010.

2. In this Scheme—

“An tÚdarás um Ard-Oideachas” means the body established by section 2 of the Higher Education Authority Act 1971 (No. 22 of 1971);

“statute” means a statute made by the governing authority of University College Dublin, National University of Ireland, Dublin under the Irish Universities Act 1908 (8 Edw. 7. c. 38.) or the Universities Act 1997 (No. 24 of 1997); and

“University College Dublin, National University of Ireland, Dublin” means the National University of Ireland, Dublin Ollscoil na hÉireann, Baile Átha Cliath established by section 7 of the Universities Act 1997 (No. 24 of 1997) and adapted by the National University of Ireland, Dublin (Change of Name of University) Order 1998 ( S.I. No. 447 of 1998 ).

3. The instruments or provisions contained in the Schedule comprise the University College Dublin, National University of Ireland, Dublin (Closed) Pension Scheme 2010.

4. This Scheme is closed to new members appointed to University College Dublin, National University of Ireland, Dublin on or after 1 January 2005.

SCHEDULE

(1) Statute XLII dated 5 March 1951 whereby a pension scheme, now known as the “Pre-1978 Pension Scheme” was established.

(2) Statute XLIII dated 5 July 1951 whereby the Pre-1978 Pension Scheme was amended as provided therein.

(3) Statute XCVI dated 24 March 1977 whereby all previous Statutes dealing with Pension Funds, and Pension Schemes, including Pension Schemes for widows, were revoked and a Pension Scheme, known as the “1978 Pension Scheme” was established.

(4) Statute CXIII dated 10 February 1981 whereby the 1978 Pension Scheme was amended as provided therein.

(5) Statute CXXIV dated 21 March 1984 whereby the 1978 Pension Scheme was amended as provided therein.

(6) Statute CXXX dated 19 December 1984 whereby the 1978 Pension Scheme was amended as provided therein.

(7) Statute CXXXI dated 19 December 1984 whereby the 1978 Pension Scheme was amended as provided therein.

(8) Statute CXXXV dated 26 June 1985 whereby the 1978 Pension Scheme was amended as provided therein.

(9) Statute CXL dated 24 June 1986 whereby Statute LXXVIII was amended as provided therein.

(10) Statute CXLII dated 13 February 1987 whereby provision was made for pensionable allowances, pensionable entitlements and the duties to administer pension funds which attach to the Offices of Bursar and Secretary.

(11) Statute CXLVI dated 15 December 1987 whereby Statute CXVI was amended as provided therein.

(12) Statute 4 (pending approval) dated 25 January 2005 whereby Statute XCVI was amended as provided therein.

(13) Letter dated 19 February 2010 whereby the Department of Education and Science confirmed to University College Dublin, National University of Ireland, Dublin the application of certain existing administrative arrangements which conform to public service pension provisions.

GIVEN under the Common Seal of University College Dublin, National University of Ireland, Dublin,

4 March 2010.

DERMOT GALLAGHER,

Chairman, Governing Authority, University College Dublin, National University of Ireland, Dublin.

4 March 2010.

GERRY O’BRIEN,

Bursar, University College Dublin, National University of Ireland, Dublin.

An tÚdarás um Ard-Oideachas approves of the making of this Scheme.

GIVEN under the Official Seal of An tÚdarás um Ard-Oideachas,

10 March 2010.

TOM BOLAND,

Chief Executive Officer, An tÚdarás um Ard-Oideachas.

The Minister for Education and Science consents to the making of theforegoing Scheme.

GIVEN under the Official Seal of the Minister for Education and Science,

10 March 2010.

BATT O’KEEFFE,

Minister for Education and Science.

The Minister for Finance consents to the making of the foregoing Scheme.

GIVEN under the Official Seal of the Minister for Finance,

10 March 2010.

BRIAN LENIHAN,

Minister for Finance.

EXPLANATORY NOTE

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

This Scheme is made under Section 25(7) of the Universities Act 1997 . Section 25(7) requires each university to determine the terms and conditions of any superannuation scheme for its employees. The Fifth Schedule to the 1997 Act places an obligation on each university to submit their pension scheme to the Higher Education Authority for its approval which is given with the consent of the Ministers for Education and Science, and Finance. This instrument refers to all the provisions which comprise University College Dublin, National University of Ireland, Dublin’s closed pension scheme and formally records that approval and consent.