S.I. No. 53/1962 - Great Northern Railway Company (Ireland) Pension Fund (Amendment) Scheme For Wages Staff (Confirmation) Order, 1962.

S.I. No. 53 of 1962.

GREAT NORTHERN RAILWAY COMPANY (IRELAND) PENSION FUND (AMENDMENT) SCHEME FOR WAGES STAFF (CONFIRMATION) ORDER, 1962.

WHEREAS by subsection (4) of section 15 of the Great Northern Railway Act, 1958 (No. 20 of 1958), the Great Northern Railway Company (Ireland) Pension Fund for Wages Staff was continued in being :

AND WHEREAS Córas Iompair Éireann has, in pursuance of subsection (10) of section 15 of the Great Northern Railway Act, 1958 , and the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ), submitted to the Minister for Transport and Power a scheme (in these Recitals referred to as the amending scheme) amending the provision of the said Great Northern Railway Company (Ireland) Pension Fund for Wages Staff :

AND WHEREAS the Minister for Transport and Power, having considered objections and representations in relation to the amending scheme, proposes to confirm the amending scheme without modification :

NOW, I, ERSKINE H. CHILDERS, Minister for Transport and Power in exercise of the powers conferred on me by subsection (10) of section 15 of the Great Northern Railway Act, 1958 (No. 20 of 1958), and the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ), hereby, after consultation with the Minister for Finance, order as follows :—

1. This Order may be cited as the Great Northern Railway Company (Ireland) Pension Fund (Amendment) Scheme for Wages Staff (Confirmation) Order, 1962.

2. In this Order " the amending scheme " means the scheme (amending the provisions of the Great Northern Railway Company (Ireland) Pension Fund for Wages Staff) submitted by Córas Iompair Éireann under subsection (10) of section 15 of the Great Northern Railway Act, 1958 .

3. The amending scheme (a copy of which is set out in the Schedule to this Order) is hereby confirmed and shall come into operation on the 28th day of March, 1962.

SCHEDULE.

GREAT NORTHERN RAILWAY COMPANY (IRELAND) PENSION FUND (AMENDMENT) SCHEME FOR WAGES STAFF.

1. Definitions :

In this amending Scheme the following words and expressions shall have the meanings hereby assigned to them unless there is something in the subject matter or context repugnant to such construction :—

" The existing Scheme " means the Pension Fund for the Wages Staff of the former Great Northern Railway Board mentioned in the Agreement scheduled to the Great Northern Railway Act, 1958 (otherwise known and referred to in the title hereof as the Great Northern Railway Company (Ireland) Pension Fund for Wages Staff) in so far as the same applies to :—

(a) any former officer or servant of the Great Northern Railway Board transferred to the Board;

(b) every person who immediately before the 1st day of October, 1958, was entitled to benefit thereunder and who was resident in the State when he first became so entitled.

" The Board " means Córas Iompair Éireann.

" This Scheme " means the existing Scheme as hereby amended.

" The Fund " means the Fund vested in the Trustees for the purposes of this Scheme.

" The Trustees " means the person or persons in whom for the time being the Fund is vested.

" Regular Wages Staff " means the Regular Wages Staff of the Board.

" Full Pension " means a pension payable under and in accordance with the provisions of this or the existing Scheme to a person who has retired after reaching the normal age of retirement.

" Deferred Pension " and " Special Pension " means pensions granted under and in accordance with the provisions of Article 16 of this Scheme.

" Reduced Pension " means any pension, other than a full, deferred or special pension, payable or awarded to any person under and in accordance with the provisions of this or the existing Scheme.

" Existing member " means a contributing member of the existing Scheme at the date of confirmation of this Scheme.

" Existing pensioner " means a person alive at the date of confirmation of this Scheme who on that date is receiving or is entitled to receive a full or reduced pension under the existing Scheme.

" Service " means and includes service with the Great Northern Railway Company (Ireland), the Great Northern Railway Board and the Board.

" Operative date " means the date prescribed by the Order confirming this Scheme as the date upon which this amending Scheme is to come into operation.

2. Continuance of Existing Scheme :

(1) The benefits provided by the existing Scheme shall continue to be paid under and in accordance with the terms thereof and without alteration to every existing pensioner whose right to pension accrued prior to 1st October, 1958.

(2) 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 (save in so far as it makes retrospective provision for payment of increased contributions and pensions) affect any subsisting right or liability accrued to or incurred by any person under the existing Scheme prior to the date of confirmation of this Scheme.

3. Amendment of Existing Scheme :

Subject to the provisions of Article 2 of this amending Scheme, the existing Scheme shall be amended so as to conform to the provisions hereinafter contained, and every provision of the existing Scheme which is inconsistent with the provisions hereinafter contained (including rule 21 of the rules of the existing Scheme as set out in the Schedule to the Trust Deed dated the 31st day of August, 1938) shall cease to have effect.

4. Membership :

(1) No person who ceases or who has ceased to be a member of this or of the existing Scheme shall be readmitted to membership save in accordance with the provisions in that behalf hereinafter contained.

(2) All existing members shall be deemed to have been appointed to the Regular Wages Staff.

(3) Subject to the provisions of this Scheme in relation to promotion, a member who ceases to be employed by the Board on its Regular Wages Staff shall cease to be a member.

(4) Membership of this Scheme is not to be taken as conferring or implying any security of tenure.

5. Application to Existing Pensioners and Former Members :

The provisions of this amending Scheme shall, in so far as the same may be applicable, apply to—

(a) every existing pensioner whose right to pension accrued on or after the 1st day of October, 1958, and

(b) the personal representative of any deceased pensioner if the deceased's right to pension accrued on or after the said date.

(c) every former member alive at the operative date who is entitled to exercise the option to receive a deferred or special pension within the meaning of Article 16 hereof.

6. Normal Age of Retirement :

For the purposes of this Scheme, the normal age of retirement shall be 65 years of age.

7. Full Pension :

(1) On retirement of a member who has reached the normal age of retirement he shall be paid one or other of the following full pensions :—

(a) 33/6d. per week for life, or, in the alternative,

(b) 51/3d. per week for a period of five years and thereafter 20/- per week for life.

(2) If any person becoming entitled on or after the date of confirmation of this Scheme to a full pension desires to be paid at the alternative rate mentioned above, he must so elect by notice in writing addressed to the Board's Chief Accountant by whom such notice must be received not later than one calendar month prior to the date of actual retirement. In default of election, payment shall be at the appropriate rate first above mentioned.

(3) In the event of the death, within five years from the date of retirement, of a pensioner receiving or entitled to receive a full pension, if the total of the pension payments then already made does not equal or exceed the sum of £435 the pension shall continue to be paid to such pensioner's personal representative until the said appropriate total has been reached, whereupon all further payments and obligations hereunder shall cease.

8. Promotion :

(1) If a member of this scheme is promoted in the service of the Board to a grade outside the Regular Wages Staff for which there is in existence a superannuation scheme (hereinafter referred toas " the other scheme ") which he is, as so promoted, qualified and entitled to join, he shall on such promotion cease to be a member of this Scheme and—

(a) if and when he becomes a member of the other scheme, the total amount of his contributions to the Fund shall be paid out of the Fund to the trustees of the fund maintained for the purposes of the other scheme, provided, however, that contributions shall not be paid over to a fund (or to any part of a fund) which is not approved by the Revenue Commissioners under Section 32 of the Finance Act, 1921 (or any Statutory modification or re-enactment thereof for the time being in force);

(b) if, after he has become a member of the other scheme, he is transferred back to the Regular Wages Staff, he shall, provided he pays or there is paid on his behalf, an amount into the Fund equal to the total contributions he would have made to the Fund during the period he ceased to be a member on promotion, be readmitted a member of this Scheme notwithstanding that he may then exceed the age limit herein prescribed;

(c) if he does not, as soon after promotion as is reasonably practicable, become a member of the other scheme, he shall be refunded the said total amount of his contributions to the Fund.

(2) If a member of this Scheme is promoted in the service of the Board to a grade outside the Regular Wages Staff for which there is not in existence a superannuation scheme such as is referred to in subarticle (1) he shall continue to be a member of this Scheme as if he were still a member of the Regular Wages Staff.

9. Reduced Pension :

(1) If the employment of any member of this Scheme having not less than twenty years service is, at any time within ten years of reaching the normal age of retirement, determined by the Board on the ground of ill-health (including any bodily or mental disablement), not resulting in the opinion of the Board, from the member's own misconduct, such member shall be entitled to a reduced pension for life payable weekly and calculated as follows: (a) during the period until the pensioner reaches the age of 70—such part of the sum of 51/3d. as is proportionate to the ratio which the number of years service bears to the number of years of possible service had such former member remained in the Board's employment until the normal age of retirement, and (b) thereafter —20/- per week.

(2) If any member of this Scheme, having not less than twenty years' service, leaves the Board's employment at any time within ten years of his reaching normal age of retirement for reasons other than ill-health, the Board may, at its discretion, if it considersthe reason for his so leaving to have been sufficiently meritorious, award such employee a reduced pension at the like rate as would apply if his employment had been determined on the ground of ill-health.

(3) If any former member of this or of the existing Scheme in receipt of a reduced pension is re-employed by the Board, he shall, if and when reappointed to the Regular Wages Staff, surrender and forfeit all then present and future rights to payment of any such reduced pension as aforesaid, and shall, notwithstanding his age, be thereupon readmitted to membership of this Scheme and become liable to contribute to the Fund at the rate hereinafter provided and shall, notwithstanding his earlier retirement, be entitled to all the benefits hereof including (in the case of a pensioner re-employed because of recovery in health) a reduced pension hereunder if he should again cease before the normal age of retirement to be employed by reason of ill-health.

(4) Subject to the provisions of sub-article (3) of this Article every reduced pension shall continue to be paid for a period of not less than five years from the date of its award, and if any pensioner receiving or entitled to receive a reduced pension dies within such period, payment shall be continued to his personal representative until the said period has expired provided however that the payments made to the personal representative of a deceased pensioner under this sub-article shall not, together with the pension payments made to the deceased before death, exceed £435.

10. National Serrvice :

If any member of this Scheme is compelled to leave the service of the Board for service with the National Forces during an emergency, or if not so compelled, if any member wishes to leave the service of the Board for the purpose aforesaid and obtains from the Board leave of absence for such purpose, such former member shall, provided that immediately upon the cessation of his national service he resumes employment with the Board as a member of the Regular Wages Staff, be readmitted to membership of this Scheme, and the Board will pay into the Fund an amount equivalent to the total contributions which would have been made by such former member had he not left the service of the Board for the said purpose, and such former member's service with the Board shall, but for the purpose of this Scheme only, be deemed to have been continuous notwithstanding such absence.

11. Refund of Contributions :

(1) Any member of this Scheme who ceases (otherwise than in accordance with Article 10) to be employed by the Board without becoming entitled to any pension, shall receive a refund of his contributions without interest subject to the provisions in sub-article (4) of this Article.

(2) If any former member of this or of the existing Scheme who has received a refund of his contributions under sub-article (1) of this Article is subsequently re-employed by the Board, and isreappointed to the Regular Wages Staff, he shall not be entitled merely by reason of such reappointment to be readmitted a member of this Scheme, but the Board may, at its discretion, and whether or not such former member exceeds the age limit herein prescribed, readmit him to membership upon such terms and conditions as the Board may think proper, including, if the Board so thinks fit, a condition that such former member shall pay an amount into the Fund equivalent to the total contributions (including the amount of the contributions already refunded) which he would have made to the Fund had he continued in the service of the Board without interruption. Upon readmission of any former member under the provisions of this sub-article, the Board may direct that his service shall, for the purpose of this Scheme, be deemed to have been continuous notwithstanding its interruption.

(3) If a member dies whilst in the service of the Board before retiring on pension, a refund of his contributions, without interest, shall be made from the Fund to his personal representative.

(4) The amount of any refund of contribution directed by this Article shall be paid out of the Fund by the Trustees but, if the Board notify the Trustees that a debt is due to the Board from the member or deceased member who made the contributions, the Trustees shall either pay such debt to the Board and pay the balance to the recipient of the refund or, where the amount of the refund does not exceed the debt, pay the said amount to the Board.

12. Rate of Contribution :

Members shall contribute to this Scheme by payment into the Fund at the rate of 3/- per week.

Contributions shall be deducted from the member's wages or sickness benefit.

13. Contributions of Existing Members :

(1) Every existing member shall be liable to contribute to this Scheme at his appropriate rate from the 1st day of October, 1958, or from the date of admission to membership of the existing Scheme, whichever date is the later.

(2) The amount thus due by each existing member in respect of arrears of contribution (credit being given for contributions made under the existing Scheme since the 1st October, 1958) shall be discharged by deducting (in addition to the current contributions) the difference between the present and former rate of contribution from his wages or sickness benefit until the said amount shall have been fully paid off.

(3) Where an existing member becomes entitled to a full or reduced pension under this Scheme and at the date when he becomes so entitled he has not discharged his liability to this Scheme in respect of arrears of contributions as provided in this Article, the arrears of contributions then outstanding by such existing member shall be discharged by deducting the same from the full or reduced pension which is payable until such arrears of contributions shall have been fully paid off.

14. Benefits and Contributions of Existing Pensioners :

(1) On and from the date of confirmation of this Scheme every existing pensioner whose right to pension accrued on or after the 1st October, 1958, and the personal representative of any deceased pensioner if the deceased's right to pension accrued on or after the said date, shall be—

(a) liable to contribute to this Scheme at the rate herein provided as from the 1st October, 1958, to the date upon which the pension under the existing Scheme first became payable;

(b) entitled as from the date upon which the pension under the existing Scheme first became payable, to payment of a like pension under this Scheme at the appropriate rate herein provided, which shall be—

(i) in the case of a pensioner who retired at 65 years of age or over—a full pension;

(ii) in the case of a pensioner who retired by reason of unfitness for further duty or inability to perform the duties assigned to him—a reduced pension;

(c) entitled to elect as to the rate at which a full pension under this Scheme is to be paid. In default of election, which must be made in writing addressed to the Board's Chief Accountant and received by him not later than one calendar month after the date of confirmation of this Scheme, payment under this Scheme shall be at the alternative rate mentioned in sub-article (1) of Article 7 of this Scheme.

(2) The amount thus due by each existing pensioner or by the personal representative of any deceased pensioner in respect of arrears of contribution (credit being given for contributions made under the existing Scheme since 1st day of October, 1958) shall be deducted from the amount likewise due to him in respect of arrears of pension (credit being taken for pension paid under the existing Scheme since the said date) and the balance, if any, shall be forthwith paid to him out of the Fund.

(3) If the said amount due by any such person as aforesaid exceeds the said amount payable to him, the excess shall be discharged by deducting the difference between the present and former rate of contribution from the increased pension payable to him until such excess shall have been fully paid off.

15. Recovery of Contributions :

If any contribution is not so deducted as aforesaid, it shall be paid into the Fund by the member or pensioner or personal representative of a deceased pensioner liable to pay the same in accordance with any directions of the Trustees in that behalf.

16. Deferred and Special Pensions :

(1) Where at any time on or after the 1st day of October, 1958, and within ten years of reaching the normal age of retirement the services of any member of this Scheme having not less than twenty years service are dispensed with by the Board in circumstances entitling such former member to compensation under section 17 of the Great Northern Railway Act, 1958 , or section 14 of the Transport Act, 1958 , the following provisions shall apply :—

(a) a member who, at the date upon which his services are dispensed with has not reached the age of 63 years, may at his option, exercisable in the manner hereinafter provided, elect to leave his contributions (if not earlier withdrawn) in the Fund instead of receiving a refund thereof, in which event he shall be entitled, on reaching 63 years of age, to receive a pension for life (hereinafter called a " deferred pension ") which shall be a weekly sum equal to 83% of such amount as bears the same proportion to the sum of 33/6d. as the number of years of his actual service bears to the number of years of his possible service had he remained in the Board's employment until the normal age of retirement;

(b) a member who, at the date upon which his services are dispensed with, is 63 years of age or over, shall be entitled forthwith to receive a pension for life (hereinafter called a " special pension ") which shall be a weekly sum calculated in accordance with the provisions of paragraph (a) of this sub-article with an additional two-thirds per cent. of the said proportionate amount for every completed calendar month of his service during the twelve calendar months following his reaching the age of 63 years, and with a further additional threequarters per cent. of the said proportionate amount for every completed calendar month of his service after reaching the age of 64 years.

(2) If any former member receiving a deferred or special pension dies within five years from the date of its commencement, payment shall be continued to his personal representative until the said period has expired.

(3) The said option shall be exercised by notice in writing delivered to the Chief Accountant of the Board. Where the services of any such former member as aforesaid have been so dispensed with prior to the operative date, he shall (provided he has not withdrawn his contributions before that date) be entitled to exercise the said option within four weeks from the operative date. In any other case, the said option shall, if exercised, be exercised within four weeks from the date upon which the services of such former member are so dispensed with. No former member entitled to exercise the said option shall have any right to a refund of hiscontributions before the period during which the said option may be exercised has expired.

(4) Every former member becoming entitled to a deferred or special pension under sub-article (3) of this Article shall be liable to contribute to this Scheme at the rate herein provided from the 1st October, 1958, to the date upon which his services were dispensed with (credit being given for contributions made under the existing Scheme since the said date).

(5) Where an existing member becomes entitled to a deferred or special pension under sub-article (1) of this Article and at the date when he becomes so entitled he has not discharged his liability to this Scheme in respect of arrears of contributions as provided in Article 13 hereof, the arrears of contributions then outstanding by such existing member shall be discharged by deducting the same from the deferred or special pension which is payable until such arrears of contributions shall have been fully paid off.

(6) If any former member entitled to a deferred pension dies before such pension becomes payable, a refund of his contributions, without interest, shall be made from the Fund to his personal representative.

(7) Deferred and special pensions shall be deemed not to be reduced pensions within the meanings of this amending Scheme.

17. The Fund :

(1) The Fund shall consist of :—

(a) the securities and moneys transferred to the Trustees in accordance with the provisions of section 15 (3) of the Great Northern Railway Act, 1958 , and

(b) any interest from the investment of moneys belonging to the Fund, and

(c) any sums which are paid to the Trustees from time to time under and for the purposes of the Scheme.

(2) All moneys belonging to the Fund which are not required for the purposes of this Scheme shall as soon as is reasonably possible either, at the discretion of the Trustees, be invested in the name or under the control of the Trustees in such securities as the Trustees with the consent of the Board shall determine, or shall be lent to the Board at a rate of interest agreed upon between the Trustees and the Board and subject to the condition that the money so lent shall be repayable by the Board to the Trustees on demand.

(3) The Trustees with the consent of the Board as to the individual selected shall from time to time appoint one of the staff of the Board to act as Secretary of the Fund and may at any time with the like consent remove the person so appointed from his office.

(4) Not less often than once in every five years there shall be an investigation of the Fund made by an Actuary to be appointed by the Board.

(5) (a) In every year there shall be a contribution from the Board to the Fund of an amount not less than the total amount of the contributions of the members to the cost of the Scheme during the preceding year.

(b) Subject to the minimum limit mentioned in paragraph (a) of this sub-article the contribution under the said paragraph shall be such sum as the Board think expedient having regard to any report received from the Actuary as to the solvency of the Fund and to every other circumstance which in the opinion of the Board is relevant.

(c) 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.

(6) The contributions of the members to the cost of the Scheme shall be paid to the Trustees for the purpose of the Scheme.

(7) The Trustees shall as the Board from time to time direct, make provision for the payment out of the Fund of the benefits which are payable under the Scheme to or in respect of any of the members and for the payment and discharge out of the Fund of any costs and expenses which may be incurred in respect of the Scheme.

(8) In the event of the Fund being at any time insufficient to provide for the payments mentioned in the foregoing clause the Board shall contribute and pay to the Trustees for the purposes of the Scheme the amount of the said insufficiency.

(9) (a) The Trustees shall once in every year cause a statement of account and a balance sheet of the Fund to be prepared and to be audited by the auditor for the time being of the Board.

(b) A copy of every statement of account and balance sheet of the Fund with Auditor's Certificate or report thereon shall be sent to the Board within six months after the close of the period to which it relates.

(10) If at any time all the pensions and benefits payable under the Scheme to or in respect of any members have been duly paid and discharged or provided for, then and in such case the remaining portion of the Fund shall be paid over to the Board.

Given under my Official Seal, this 28th day of March, 1962.

ERSKINE H. CHILDERS,

Minister for Transport and Power.

EXPLANATORY NOTE.

The purpose of the Order is to confirm a scheme to amend the existing Great Northern Railway Company (Ireland) Pension Fund for Wages Staff.