S.I. No. 15/1992:

CÓRAS IOMPAIR ÉIREANN, SALARIED OFFICERS' AND CLERKS' (G.S.R.) SUPERANNUATION SCHEME (AMENDMENT) (NO. 2) SCHEME (CONFIRMATION) (NO. 2) ORDER, 1992.

CÓRAS IOMPAIR ÉIREANN, SALARIED OFFICERS' AND CLERKS' (G.S.R.) SUPERANNUATION SCHEME (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 6 of, and rule 54 (2) of the Schedule to, the Great Southern Railways Company (Superannuation Scheme) Act, 1947 , section 45 of the Transport Act, 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, Salaried Officers' and Clerks' (G.S.R.) Superannuation Scheme (Amendment) (No. 2) Scheme (Confirmation) (No. 2) Order, 1992.

2. In this Order, "the amending Scheme" means the Scheme amending the Córas Iompair Éireann, Salaried Officers' and Clerks' (G.S.R.) Superannuation Scheme prepared by Córas Iompair Éireann, duly submitted to the Minister for Tourism, Transport and Communications 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, Salaried Officers' and Clerks' (G.S.R.) Superannuation Scheme (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 Córas Iompair Éireann 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 and 14 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 22A 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 provisionn of the existing Scheme which is inconsistent with the provisions hereinafter contained shall cease to have effect.

Definitions.

5. Rule 2 (1) of the existing Scheme shall be amended--

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

" "The service" means the service of the Great Southern Railways Company, or of the Board or of any company employment by which is, by virtue of section 15 of the Transport (Re-organisation of Córas Iompair Éireann) Act, 1986 ( S.I. No. 31 of 1986 ), to be treated, for all purposes of superannuation, as employment by the Board;";

(2) By the insertion of the following new definition after the definition of "contributing member":--

" "contributing 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 contributing member, and

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

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

Superannuation Allowances on Retirement.

6. Rule 14 of the existing Scheme shall be amended--

(1) By the substitution in Paragraph (2) of "the number of years of his contributing membership" for "the number of completed years during which he has been a contributing member";

(2) By the deletion of the word "completed" where it appears in the Table in Paragraph (3);

(3) By the deletion of Paragraph (3) (a) and the substitution of the following therefor:

"(a) one one hundred-and-twentieth part of the average annual salary of which he shall have been in receipt throughout the whole period during which he has been a contributing member, if not exceeding forty years, and throughout the last forty years if he has been a contributing member for more than forty years, multiplied by the number of years of his contributing membership or forty, whichever shall be the lesser; and", and

(4) By the deletion of Paragraph (3) (b) and the substitution of the following therefor:

"(b) one one hundred-and-twentieth part of the average annual salary of which he shall have been in receipt during the period of seven years immediately prior to the date of his retirement multiplied by the number of years of his contributing membership or forty, whichever shall be the lesser;".

Retirement through incapacity after ten years membership.

7. The word "completed" shall be deleted where it appears in the Table in Rule 16(1) of the existing Scheme.

Death before Superannuation.

8. Rule 19 of the existing Scheme shall be amended by the substitution of "the number of years of his contributing membership" for "the number of completed years during which he was a contributing member".

Spouses and Children's Pensions.

9. The expression "pensionable membership" where it appears in Paragraph (1) and Paragraph (2) of Rule 20A shall be replaced by the expression "contributing membership".

Minimum amount of annuities to female members.

10. The word "completed" shall be deleted where it appears in the Table in Rule 25 of the existing Scheme.

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.