S.I. No. 204/2010 - Córas Iompair Éireann Spouses' and Children's Pension Scheme (Amendment) Scheme (Confirmation) Order 2010.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 18th May, 2010.

I, NOEL DEMPSEY, 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 Pension Scheme (Amendment) Scheme (Confirmation) Order 2010.

2. In this Order—

“amending Scheme” means the Scheme amending the Córas Iompair Éireann Spouses’ and Children’s Pension Scheme for Regular Wages Staff (confirmed by the Córas Iompair Éireann Spouses’ and Children’s Pension Scheme for Regular Wages Staff (Confirmation) Order 2003 ( S.I. No. 230 of 2003 ) and set out in the Schedule to this Order.

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

SCHEDULE Córas Iompair Éireann Spouses’ and Children’s Pension Scheme for Regular Wages Staff (Amendment) Scheme 2010.

1. Article 1(1) of the existing Scheme ( S.I. No. 230 of 2003 ) is amended by substituting for the definition of “pensionable pay” the following:

“ “pensionable pay” in relation to—

(a) any member who is not a Job Sharing Employee means pay for the standard hours designated for the member’s position by the Board without regard to any differential, allowance, bonus or other payments, and

(b) any member who is a Job Sharing Employee means pay for the standard hours designated for the member’s equivalent full time position by the Board without regard to any job sharing arrangements, differential, allowance, bonus or other payments.”

2. Article 1(1) of the existing Scheme ( S.I. No. 230 of 2003 ) is amended by substituting for the definition of “Scheme Membership” the following:

“ “Scheme Membership” means, subject to a maximum of 40 years—

(a) the total periods of service in the employment of the Board during membership of the Scheme, including additional service purchased under Article 13, where service as a Job Sharing Employee shall be treated as if the member was a Full Time Employee, and

(b) service which under the Superannuation and Pensions Act 1963 (No. 24 of 1963) has been given with an approved organisation and is to be treated as pensionable for the purposes of this Scheme.”

3. The terms “Full Time Employee” and “Job Sharing Employee” shall have the following meanings:

“Full Time Employee” means an employee appointed to the Regular Wages Staff whose terms and conditions of employment are designated by the Board as full-time employment;

“Job Sharing Employee” means an employee appointed to the Regular Wages Staff whose terms and conditions of employment include job-sharing arrangements as designated from time to time by the Board.

GIVEN under my Official Seal,

11 May 2010.

NOEL DEMPSEY,

Minister for Transport.

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 confirm the treatment of members of the Spouses’ and Children’s Pension Scheme for Regular Wages Staff who are job sharing employees.