S.I. No. 12/1992:

CÓRAS IOMPAIR ÉIREANN SUPERANNUATION SCHEME 1951 (AMENDMENT) SCHEME (CONFIRMATION) ORDER, 1992.

CÓRAS IOMPAIR ÉIREANN SUPERANNUATION SCHEME 1951 (AMENDMENT) SCHEME (CONFIRMATION) ORDER, 1992.

I, SÉAMUS BRENNAN, Minister for Tourism, Transport and Communications, in exercise of the powers conferred on me by section 44 of the Transport Act, 1950 (No. 12 of 1950), the Communications (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order, 1987 ( S.I. No. 92 of 1987 ), and the Tourism and Transport (Alteration of name of Department and Title of Minister) Order, 1991 ( S.I. No. 25 of 1991 ), hereby, after consultation with the Minister for Finance, order as follows:

1. This Order may be cited as the Córas Iompair Éireann, Superannuation Scheme, 1951 (Amendment) Scheme (Confirmation) Order, 1992.

2. In this Order, "the amending Scheme" means the Scheme amending the Córas Iompair Éireann, Superannuation Scheme, 1951 prepared by Córas Iompair Éireann, and submitted to the Minister for Tourism, Transport and Communications under section 44 of the Transport Act, 1950 (No. 12 of 1950), and set out in the Schedule to this Order.

3. The amending Scheme is hereby confirmed and shall be deemed to have come into operation on the 1st day of February, 1988.

SCHEDULE.

Córas Iompair Éireann Superannuation Scheme 1951 (Amendment) Scheme 1992.

Interpretation.

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

"the existing Scheme" means the C.I.E. Superannuation Scheme, 1951 set out in the Schedule to and confirmed by the Córas Iompair Éireann Superannuation Scheme, 1951 (Confirmation) Order, 1951 ( S.I. No. 353 of 1951 ), and subsequently amended by the amending Superannuation Schemes confirmed by Statutory Instruments numbered 221 of 1963, 80 of 1971, 254 of 1974, 47 of 1977, 126 of 1981, 245 of 1982, 345 of 1982, 287 of 1985, 339 of 1986, 58 of 1987, 29 of 1989, 212 of 1989 and 234 of 1991.

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

"the operative date" means the 1st day of February, 1988.

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.

Amendment of the Existing Scheme.

3. 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.

Membership.

4. Rule 3 (3) of the existing Scheme shall be deleted and the following clause shall be substituted therefor:

"(3) Save as provided in rules 34 and 37, no person may become a member of this Scheme after reaching the age of 55 years".

Transfer of Service.

5. The following new Rules shall be added to the existing Scheme and inserted after Rule 32:

"33. wherever they appear in Rules 34, 35 or 36, the following words and expressions shall have the meanings hereby assigned to them:

"the Local Government Superannuation Code" includes the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987 ( S.I. No. 316 of 1987 ), the Local Government (Transfer of Service) Scheme, 1984 ( S.I. No. 298 of 1984 ) and the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986 ( S.I. No. 391 of 1986 ).

"approved body" means a body which is approved by the Minister for the Environment for the purposes of Article 7 (1) (f) or Article 31 (1) (f) of the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986 or Article 8 (1) (f) or Article 31 (1) (f) of the Local Government (Superannuation Act, 1956 (Consolidation) Scheme, 1987.

"actual service" means paid service as a pensionable employee and does not include any additional, notional or enhanced service.

"reckonable service" in relation to a person means:

( a ) actual service which is capable of being reckoned under the Local Government Superannuation Code;

( b ) service purchased under the Local Government (Superannuation) (Purchase) Scheme, 1986 ( S.I. No. 421 of 1986 ), and

( c ) service purchased under the provisions of a superannuation scheme operated for the benefit of employees of an approved body,

"unfitness" means, in relation to a member, unsuitability for his position in the employment of the Board but does not include infirmity.

"knock-for-knock agreement" means a standing agreement between the Board and a local authority made under Article 56 (8) or Article 57 of the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986, or under Article 52 (8) or Article 53 of the Local Government [Superannuation] Act, 1956 (Consolidation) Scheme, 1987 whereby neither of them shall make to the other any repayments or recoupments in respect of superannuation contributions or awards which it would otherwise be proper to make under either Scheme.

34. (1) This Rule, subject to the provisions of Rule 36, shall apply to a person having reckonable service who entered or enters the employment of the Board in a clerical, supervisory or executive position on its regular establishment or who, having entered the service of the Board in a wages grade was or is subsequently promoted to a clerical, supervisory or executive position on its regular establishment.

(2) A person to whom this Rule applies shall be admitted to membership of this Scheme if at the date of his admission thereto he is under 60 years of age.

(3) A person to whom this Rule applies shall have his reckonable service added to his pensionable membership for the purposes of calculating his benefits under this Scheme.

35. Whenever the employment of a member by the Board ceases (otherwise than on account of his misconduct or unfitness) and he then or subsequently becomes employed in a pensionable position which entitles him to reckon his pensionable membership for pension purposes under the Local Government Superannuation Code, the following shall apply:

(1) If the former member took up such pensionable position immediately upon leaving the service of the Board or if he left with the intention of taking up such a position his contributions shall not be returned to him, but if the former member's contributions have been returned to him and he subsequently takes up such a position he shall make and the Trustees shall accept a repayment of the refunded contributions with such interest thereon as may be assessed by the Actuary.

(2) Whenever a superannuation award is made by a local authority or by an approved body to or in respect of a former member under the provisions of the Local Government superannuation Code and in determining the amount thereof a period of service with the Board may be properly reckoned as pensionable service under the Local Government Superannuation Code and has been so reckoned, the Trustees shall, in the absence of a relevant knock-for-knock agreement or contribution under Rule 36, make an appropriate refund to such local authority or approved body under the provisions of Article 56 (1) of the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986 or Article 52 (1) of the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987.

(3) Where a local authority or an approved body which has recognised the previous service of a former member with the Board for superannuation purposes under the Local Government Superannuation Code returns contributions to that former member and the amount returned includes a sum for contributions made in respect of a period of service with the Board which is capable of being reckoned under the Local Government Superannuation Code, the Trustees, in the absence of a relevant knock-for-knock agreement or contribution under Rule 36, shall recoup that local authority or approved body the amount of the contributions received by the Board from the former member in respect of that period subject to the deduction of the appropriate tax.

36. (1) Whenever a person to whom Rule 34 shall apply is to enter the service of the Board, or whenever a former member of this scheme to whom Rule 35 shall apply is to enter the service of a local authority, and there is no knock-for-knock agreement between the Board and the local authority then, upon the payment to either the Board or the local authority, whichever is receiving the person into its service, by the other of them, of a contribution of such amount as the Minister for the Environment shall determine, that other shall be released from liability for any recoupments or repayments which it would otherwise be required to make in respect of that person pursuant to the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987, or the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986.

(2) Rules 34 and 35 and Clause (1) of this Rule shall apply as appropriate notwithstanding that a person having reckonable service entered the service of the Board prior to the operative date or that a former member of this Scheme became employed in a pensionable position referred to in Rule 35 prior to the operative date provided always that the person having pensionable service was still in the service of the Board on the operative date or that the former member was still in that pensionable position on the operative date as the case may be.".

Re-employment of former employees.

6. The existing Scheme shall be further amended by the insertion of the following new Rule after Rule 36:

"37 (1) A former employee of the Board who is re-employed by the Board may be admitted to membership of this Scheme notwithstanding that he is over 55 years of age on the date on which he becomes employed in a supervisory, clerical or executive position on the regular establishment of the Board if he is under age 60 on that date and upon repaying the refund of contributions made to him when he left the employment of the Board together with interest thereon as required by the Board.

(2) A former employee of the Board, who is re-employed by the Board and who is admitted to membership of this Scheme, shall be entitled, subject to Rule 29, to reckon his previous pensionable service with the Board as pensionable membership.".

GIVEN under my Official Seal this 27th day of January, 1992.

SÉAMUS BRENNAN,

Minister for Tourism, Transport and Communications.

EXPLANATORY NOTE.

The purpose of this Scheme is to provide for the transfer of service for superannuation purposes between CIE and Local Authorities and to enable credit for previous service to be given to former members of this scheme who were re-employed by the Board.