S.I. No. 13/1992:

CÓRAS IOMPAIR ÉIREANN SUPERANNUATION SCHEME, 1951 (AMENDMENT) (NO. 2) SCHEME (CONFIRMATION) (NO. 2) ORDER, 1992.

CÓRAS IOMPAIR ÉIREANN SUPERANNUATION SCHEME, 1951 (AMENDMENT) (NO. 2) SCHEME (CONFIRMATION) (NO. 2) 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) (No. 2) Scheme (Confirmation) (No. 2) 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 April, 1988.

SCHEDULE.

Córas Iompair Éireann Superannuation Scheme 1951 (Amendment) (No. 2) 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 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, 234 of 1991 and 12 of 1992.

"the operative date" means the 1st day of April, 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.

Continuance of the Existing Scheme.

3. (1) 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 right to pension accrued prior to the operative date and to the personal representative of any deceased pensioner or member if the deceased's right to pension accrued or death occurred prior to the operative date.

(2) ( a ) 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 incurred by any person under the existing Scheme prior to the operative date.

( b ) Deferred annuities within the meaning of Rule 21A now payable or at any time to become payable shall not be affected by this amending Scheme.

Amendment of the Existing Scheme.

4. Subject of the provisions of Article 3 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.

Definitions.

5. Rule 2 (2) of the Schedule to S.I. No. 353 of 1951 shall be amended--

(1) By the deletion of the definition of "Employment" and the substitution therefor of the following new definition:--

" "Employment" by the Board includes employment by a company whose functions have been transferred to the Board and any employment which by virtue of section 15 of the Transport (Re-organisation of Córas Iompair Éireann) Act, 1986 (No. 31 of 1986) is to be treated, for all purposes of superannuation, as employment by the Board;";

(2) By the deletion of the definition of "Pensionable Membership" and the substitution therefor of the following new definition:--

" "Pensionable Membership" in relation to a member means, subject to a maximum of 40 years, the aggregate of--

( a ) the number of years in the period between the date when he became or is deemed to have become a member and the date when he ceases to be a member;

( b ) service reckonable in accordance with Section 4 of the Superannuation and Pensions Act, 1963 ; and

( c ) notional pensionable service within the meaning of Rule 29A;" and

(3) In relation to a member who has additional days of pensionable membership over and above a whole number of years, reference in these rules to the member's years of pensionable membership shall, where appropriate, be deemed to include reference to a figure determined by the formula A + B/365 where A is the number of completed years of pensionable membership and B is the number of days additional thereto.

Notional Pensionable Membership.

6. Rule 29A, as inserted by S.I. No. 339 of 1986 , shall be amended--

(1) By the addition of the following after the Table in Clause 7 of that Rule:--

"Where actual pensionable membership by minimum retiring age would have been less than twenty years and includes days of pensionable membership in excess of a whole number of years of pensionable membership, sufficient days to bring him up to the next whole number of years may be added to the apparopriate number of years in the second column of the foregoing Table.", and

(2) By the deletion of Clause 10 of that Rule.

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 reckoning of years plus days in the calculation of Superannuation Benefits for Members.