S.I. No. 205/2010 - Córas Iompair Éireann Pension Scheme for Regular Wages Staff (Amendment) Scheme (Confirmation) (No. 2) 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 Pension Scheme for Regular Wages Staff (Amendment) Scheme (Confirmation) (No. 2) Order 2010.

2. In this Order—

“amending Scheme” means the Scheme amending the existing Scheme and set out in the Schedule;

“existing Scheme” means the Córas Iompair Éireann Pension Scheme for Regular Wages Staff confirmed by S.R. & O. No. 242 of 1945 and subsequently amended by the 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, 115 of 1996, 428 of 2000, 93 of 2001, 123 of 2002, 209 of 2004, 263 of 2004, 9 of 2006, 671 of 2007 and 49 of 2010.

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

SCHEDULE

Córas Iompair Éireann Pension Scheme for Regular Wages Staff (Amendment) (No. 2) Scheme 2010

1. Article 5 of the 2006 amending scheme ( S.I. No. 9 of 2006 ) is deleted and substituted by the following:

“The term “Basic Weekly Wage” contained in the first column of Table A of Article 8 of the 1996 amending scheme ( S.I. No. 115 of 1996 ) shall be given the following meaning:

“Basic Weekly Wage” 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 pension by the Board without regard to any job sharing arrangements, differential, allowance, bonus or other payments.”.

2. Article 1.1 of the 2007 amending scheme ( S.I. No. 671 of 2007 ) is amended by substituting for the definition of “Scheme Membership” the following:

“ “Scheme membership” means—

(a) the total periods of service in the employment of the Board during membership of the Scheme 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 the Scheme,

but in none of the foregoing periods is included notional purchased service.”.

3. Article 6 of the 1996 amending scheme ( S.I. No. 115 of 1996 ) is deleted and substituted by the following:

“7. (1) In every year there shall be a contribution from the Board to the fund of such sum as the Board after consulting the actuary determines to be necessary to support and maintain the solvency of the fund.

(2) The contributions by the Board to the fund in any year shall be paid to the trustees for the purposes of the scheme and may be so paid by one payment or in equal or unequal instalments and at such time or times as shall appear expedient to the Board.

(3) Notwithstanding the foregoing, the Board retains the right to vary the contributions payable by the members under Article 7 of the scheme amending the Córas Iompair Éireann Pension Scheme for Regular Wages Staff (Amendment) Scheme (Confirmation) Order 1996 and, in particular,

(i) if the contribution determined by the Board under paragraph (1) to be necessary to support and maintain the solvency of the fund will in any period exceed 2.7 times the contributions payable by the members during that period, the contributions payable by the Board and the members shall be reviewed,

(ii) any member who is a Job Sharing Employee shall, in addition the contributions payable by him under Table A of Article 8 of the 1996 amending scheme pay such additional weekly contributions as shall be notified from time to time by the Board which are necessary to fund the benefits attributable to his Scheme membership.”.

4. Article 8 of the 1996 amending scheme ( S.I. No 115 of 1996 ) is amended by substituting Table A with the following Table:

“Table A

Notes:For the purposes of this Table “X” means the number of complete units of €6.35 by which the Basic Weekly Wage exceeds €260.34. (Basic Weekly Wage Bands move in €6.35 amounts)

Commutation: Every €1 yields a lump sum of €468.”.

5. Article 17 of the 1996 amending scheme ( S.I. No. 115 of 1996 ) is amended by the addition of the following paragraph:

“(4) For the purposes of this Article, a member who was at any time a Job Sharing Employee shall be treated for the purposes of his membership as if he had at all times been a Full Time Employee.”.

6. Article 9 of the 1957 amending scheme ( S.I. No. 226 of 1957 ) is amended by the addition of the following paragraph after paragraph (7) (inserted by Article 9(2) of S.I. No. 117 of 1988 and subsequently re-numbered as Article 9(7) by S.I. No. 209 of 2004 ):

“(8) For the purposes of this Article, a member who was at any time a Job Sharing Employee shall be treated for the purposes of his service as if he had at all times been a Full Time Employee.”.

7. Article 5 of the 1965 amending Scheme ( S.I. No. 48 of 1965 ) is amended by the addition of the following paragraph:

“(c) For the purposes of this Article, a member who was at any time a Job Sharing Employee shall be treated for the purposes of his service as if he had at all times been a Full Time Employee.”.

8. 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 Regular Wages Staff Pension Scheme who are job-sharing employees.