S.I. No. 283/2010 - National University of Ireland (Closed) Pension Scheme 2010.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 15th June, 2010.

The National University of Ireland, with the approval of An tÚdarás um Ard-Oideachas with the consent of the Minister for Education and Skills 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 Education and Science (Alteration of Name of Department and Title of Minister) Order 2010 ( S.I. No. 184 of 2010 )), hereby make the following Scheme:

1. This Scheme may be cited as the National University of Ireland (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);

“National University of Ireland” means the university by that name in Dublin, constituted and founded by charter in pursuance of the Irish Universities Act 1908 (8 Edw. 7. c. 38.); and

“statute” means a statute made by the governing authority of the National University of Ireland under the Irish Universities Act 1908 (8 Edw. 7. c. 38.).

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

4. This Scheme is closed to new members appointed to the National University of Ireland on or after 1 January 2009.

SCHEDULE

(1) Statute LXXXVI dated 3 January 1951 whereby a Pension Fund, now known as the “Original Scheme”, was established.

(2) Statute CXLVIII dated 9 January 1969 whereby the Original Scheme was amended as provided therein.

(3) Statute CLXIV dated 13 July 1972 whereby the Original Scheme was amended as provided therein, subject to the words “the National University of Ireland may grant such increases in such pensions and preserved pensions under this scheme as may be authorised from time to time by the Minister for Education and Skills with the consent of the Minister for Finance” being substituted for the words “when salaries are increased the pension payable to any retired person shall be increased by the same percentage rate of increase”.

(4) The National University of Ireland General Pension Scheme approved by the Senate of the National University of Ireland on 25 April 1996 subject to—

(a) in paragraph 1.2, the words “the National University of Ireland may grant such increases in such pensions and preserved pensions under this scheme as may be authorised from time to time by the Minister for Education and Skills with the consent of the Minister for Finance” being substituted for the words “when salaries are increased the pension payable to any retired person shall be increased by the same percentage rate of increase.

PROVIDED further that the relativity of a pension to the salary attaching to the post on which it was calculated shall be maintained. Should a pensionable post be abolished after the retirement or death of the holder the relativity referred to shall be established and maintained with a post or group of posts the salary of which equated to or related to that of the office held by the retired or deceased participant.”

and

(b) in paragraph 2.1, the words “the National University of Ireland may grant such increases in such pensions under this scheme as may be authorised from time to time by the Minister for Education and Skills with the consent of the Minister for Finance” being substituted for the words “when salaries are increased the annual pension payable to any surviving spouse calculated as aforesaid shall be increased by the same percentage rate of increase”.

(5) Letter dated 31 May 2010 whereby the Department of Education and Skills confirmed to the National University of Ireland the application of certain existing administrative arrangements which conform to public service pension provisions.

PRESENT when the Common Seal of the National University of Ireland was affixed

11 June 2010.

DR. MAURICE A MANNING,

Chancellor, National University of Ireland.

DR. ATTRACTA HALPIN

Registrar, National University of Ireland.

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

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

11 June 2010.

TOM BOLAND,

Chief Executive Officer,An tÚdarás um Ard-Oideachas.

The Minister for Education and Skills consents to the making of the foregoing Scheme.

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

11 June 2010.

MARY COUGHLAN,

Minister for Education and Skills.

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

GIVEN under the Official Seal of the Minister for Finance,

11 June 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 Skills, and Finance. This instrument refers to all the provisions which comprise the National University of Ireland’s closed pension scheme and formally records that approval and consent.