S.I. No. 64/2016 - Córas Iompair Éireann Spouses' and Children's Pension Scheme for Regular Wages Staff (Amendment) Scheme (Confirmation) Order 2016.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 16th February, 2016.

I, PASCHAL DONOHOE, Minister for Transport, Tourism and Sport, 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 Transport (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 141 of 2011 )) after consultation with the Minister for Public Expenditure and Reform, hereby order as follows:

1. This Order may be cited as the Córas Iompair Éireann Spouses’ and Children’s Pension Scheme for Regular Wages Staff (Amendment) Scheme (Confirmation) Order 2016.

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 ) prepared by Córas Iompair Éireann and submitted to the Minister for Transport, Tourism and Sport under section 45 (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 comes into operation on 1 April 2016.

SCHEDULE

CÓRAS IOMPAIR ÉIREANN SPOUSES’ AND CHILDREN’S PENSION SCHEME FOR REGULAR WAGES STAFF (AMENDMENT) SCHEME 2016

Interpretation

1. (1) In this amending Scheme-

“existing Scheme” means the Córas Iompair Éireann Spouses’ and Children’s Pension Scheme for Regular Wages Staff as set out in the Schedule to the Córas Iompair Éireann Spouses’ and Children’s Pension Scheme for Regular Wages Staff (Confirmation) Order 2003 ( S.I. No. 230 of 2003 ) as last amended by the 2015 amending scheme;

“2015 amending scheme” means the amending scheme confirmed by the Córas Iompair Éireann Spouses’ and Children’s Pension Scheme for Regular Wages Staff (Amendment) Scheme (Confirmation) Order 2015 ( S.I. No. 91 of 2015 );

“operative date” means 1 April 2016 in respect of Articles 2 and 3.

(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.

Continuance of existing Scheme

2. (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.

Amendment of existing Scheme

3. Subject to Article 2 of this amending Scheme, the existing Scheme shall be amended with effect on and from the operative date 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.

4. The existing Scheme is amended by substituting for Article 13 the following:

“(1) A member who was a member of the Main Scheme prior to the commencement of this Scheme and whose Scheme Membership by age 66 years would be less than 40 years shall, subject to subparagraph (2) below and to the limits to be determined by the Board, be entitled to purchase additional years of Scheme Membership in accordance with Article 12.

(2) The additional service which may be purchased in accordance with Article 12 is limited to the period of membership of the Main Scheme prior to joining this Scheme and, when aggregated with service purchased with periodic contributions and service which under the Superannuation and Pensions Act 1963 (No. 24 of 1963) has been given with an approved organisation and is treated as pensionable for the purposes of this Scheme, may not exceed 40 years’ service.”.

GIVEN under my Official Seal,

11 February 2016.

PASCHAL DONOHOE,

Minister for Transport, Tourism and Sport.

EXPLANATORY NOTE

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

The purpose of this Order is to amend the rules relating to the purchase of additional service under the Córas Iompair Éireann Spouses’ and Children’s Pension Scheme for Regular Wages Staff as a consequence of the increase in the normal age of retirement to age 66 years.