STATUTORY INSTRUMENTS.

S.I. No. 326 of 2000.

CÓRAS IOMPAIR ÉIREANN SALARIED OFFICERS' AND CLERKS' (G.S.R.) SUPERANNUATION SCHEME (AMENDMENT) SCHEME (CONFIRMATION) ORDER, 2000.

S.I. No. 326 of 2000.

CÓRAS IOMPAIR ÉIREANN SALARIED OFFICERS' AND CLERKS' (G.S.R.) SUPERANNUATION SCHEME (AMENDMENT) SCHEME (CONFIRMATION) ORDER, 2000.

I, MARY O'ROURKE, Minister for Public Enterprise, in exercise of the powers conferred on me by section 44(4) of the Transport Act, 1950 (No. 12 of 1950) , and rule 54(2) of the Scheme as set out in the Schedule to the Great Southern Railways Company (Superannuation Scheme) Act, 1947 (No. 21 of 1947) , 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, Energy and Communications (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 299 of 1997 )), after consultation with the Minister for Finance, hereby order as follows:

1. This Order may be cited as the Córas Iompair Éireann Salaried Officers' and Clerks' (G.S.R.) Superannuation Scheme (Amendment) Scheme (Confirmation) Order, 2000.

2. In this Order--

“Act” means the Great Southern Railways Company (Superannuation Scheme) Act, 1947 (No. 21 of 1947) ;

“amending Scheme” means the Scheme amending the Córas Iompair Éireann Salaried Officers' and Clerks' (G.S.R.) Superannuation Scheme (confirmed by section 6 of the Act), prepared by Córas Iompair Éireann and submitted to the Minister for Public Enterprise under rule 54(1) of the scheme as set out in the Schedule to the said Act and section 44(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 shall be deemed to have come into operation on 1 January 1994.

SCHEDULE

CÓRAS IOMPAIR ÉIREANN SALARIED OFFICERS' AND CLERKS' (G.S.R.) SUPERANNUATION SCHEME, 1977.

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 context repugnant to such construction:--

“the existing Scheme” means the Salaried Officers' and Clerks' (G.S.R.) Superannuation Scheme as scheduled to the Great Southern Railways Company (Superannuation Scheme) Act, 1947 (No. 21 of 1947) as subsequently amended by the amending Schemes confirmed by Statutory Instruments numbered 220 of 1963, 76 of 1971, 253 of 1974, 46 of 1977, 127 of 1981, 246 of 1982, 346 of 1982, 286 of 1985, 57 of 1987, 95 of 1988, 209 of 1989, 14 of 1992 and 15 of 1992.

“the 1951 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, 12 of 1992, 13 of 1992 and 421 of 1992;

“this Scheme” means the existing Scheme as hereby amended;

“the operative date” means the 1st day of January, 1994.

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.

3. (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 preceeding 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.

4. 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.

5. With effect from the operative date, the assets of the Fund of this Scheme shall be transferred, and contributions payable under this Scheme shall be paid, to the fund of the 1951 Scheme, and benefits arising under this Scheme shall cease to be payable out of the Fund of this Scheme.

6. With effect from the operative date, Rule 2 of the existing Scheme shall be amended

(a) by the deletion of the definitions of the expressions “the Auditors”, “General Meeting”, the Contributors' Committee Men” and “the Directors' Committee Men”;

(b) by the deletion of the definitions of the expression “the Trustees”, “the Committee”, “the Fund” and “the Secretary” and the insertion in their respective places of the following definitions:

“The Trustees” has the meaning ascribed to it in the 1951 Scheme;

“The Fund” has the meaning ascribed to it in the 1951 Scheme;

“The Committee” has the meaning ascribed to it in the 1951 Scheme;

“The Secretary” has the meaning ascribed to it in the 1951 Scheme;

and

(c) by the addition at the end of the Clause of the followind definition:

“The Actuaries” has the meaning ascribed to the term “the Actuary” in the 1951 Scheme;

7. With effect from the operative date, Rules 4 to 9, Clause (3) of Rule 11, Clause (3) of Rule 20A, Rules 30 to 52, Rule 55 and Rule 56 shall cease to apply.

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 transfer the assets of the fund of the CIE Salaried Officers' and Clerks' (G.S.R.) Superannuation Scheme, 1977 and to provide for contributions payable under that Scheme to be paid to the fund of the CIE Superannuation Scheme 1951.