S.I. No. 16/1992:

CÓRAS IOMPAIR ÉIREANN SALARIED OFFICERS' AND CLERKS' (G.N.R., C.D.R. AND I.R.C.H.) SUPERANNUATION SCHEME, 1977 (AMENDMENT) SCHEME, (CONFIRMATION) ORDER, 1992.

CÓRAS IOMPAIR ÉIREANN SALARIED OFFICERS' AND CLERKS' (G.N.R., C.D.R. AND I.R.C.H.) SUPERANNUATION SCHEME, 1977 (AMENDMENT) SCHEME, (CONFIRMATION) ORDER, 1992.

I, SÉAMUS BRENNAN, Minister for Tourism, Transport and Communications, in exercise of the powers conferred on me by paragraph 4 of the Córas Iompair Éireann (Additional Powers) Order, 1977 ( S.I. No. 336 of 1977 ), the Communications (Transfer of Departmental Administrationn 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.N.R., C.D.R. and I.R.C.H.) Superannuation Scheme, 1977 (Amendment) Scheme (Confirmation) Order, 1992.

2. In this Order, "the amending Scheme" means the Scheme amending the Córas Iompair Éireann Salaried Officers' and Clerks' (G.N.R., C.D.R. and I.R.C.H.) Superannuation Scheme, 1977 prepared by the Board and submitted to the Minister for Tourism, Transport and Communications under paragraph 5 of the Córas Iompair Éireann (Additional Powers) Order, 1977 ( S.I. No. 366 of 1977 )), 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 SALARIED OFFICERS' AND CLERKS' (G.N.R., C.D.R. AND I.R.C.H.) SUPERANNUATION SCHEME, 1977 (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 Córas Iompair Éireann Salaried Officers' and Clerks' (G.N.R., C.D.R. and I.R.C.H.) Superannuation Scheme, 1977 confirmed by Statutory Instrument No. 339 of 1978 and subsequently amended by the amending Superannuation Schemes confirmed by Statutory Instruments numbered 184 of 1982, 347 of 1982 and 210 of 1989.

"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.

Transfer of Service.

4. The following new Rules shall be added to the existing Scheme and inserted after Rule 44:

"45. Wherever they appear in Rule 46, the following words and expressions shall have the meanings hereby assigned to them:

"the Transfer of Service Scheme" means the Local Government (Transfer of Service) Scheme, 1984 ( S.I. No. 298 of 1984 ).

"unfitness" means, in relation to a member, unsuitability for his position in the employment of the Board but does not include incapacity arising from mental or physical infirmity.

"service with the Board" means service with the Board or other Contributing Body while a member of this Scheme or of the Old Fund.

"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 ( S.I. No. 391 of 1986 ), or under Article 52 (8) or Article 53 of the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987 ( S.I. No. 316 of 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.

46. 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 Transfer of Service Scheme, the following shall apply:

(1) If the former member took up such pensionable position immediately upon leaving his employment with 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 interest thereon as may be assessed by the Actuary.

(2) Whenever a former member of this Scheme to whom this rule 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 by the Board to the local authority of a contribution of such amount as the Minister for the Environment shall determine, the Board shall be released from liability for any repayments or recoupments which it would otherwise be required to make in respect of the former member pursuant to the Local Government (Superannuation) Act, 1956 (Consolidation) Scheme, 1987 or the Local Government (Superannuationn Revision) Consolidation) Scheme, 1986.

(3) Whenever a superannuation award is made by a local authority to or in respect of a former member under the provisions of the Transfer of Service Scheme and in determining the amount thereof a period of service with the Board may be properly reckoned as pensionable service under the Transfer of Service Scheme and has been so reckoned, the Trustees shall, in the absence of a relevant knock-for-knock agreement or contribution under Clause (2) of this Rule, make an appropriate refund to the local authority.

(4) Where an employer, who has recognised the previous service of a former member with the Board for superannuation purposes under the Transfer of Service Scheme, 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 Transfer of Service Scheme, the Trustees, in the absence of a relevant knock-for-knock agreement or contribution under Clause (2) of this rule, shall recoup that employer the amount of the contributions received by them or by the Trustees of the Old Fund in respect of that period subject to the deduction nof the appropriate tax.

(5) The provisions of this Rule shall apply as appropriate notwithstanding that a former member left the employment of the Board and became employed in a relevant pensionable position prior to the operative date provided that the former member was still in the pensionable position on the operative date.".

Re-employment of former members.

5. The existing Scheme shall be further amended by the insertion of the following new Rule after Rule 46:

"47. (1) Wherever they appear in Clause 2 of this Rule, the following expressions shall have the meanings hereby assigned to them:

"service of the Board" means service with the Board or other Contributing Body while a member of this Scheme or of the Old Fund.

"employment of the Board" means employment with the Board or other Contributing Body while a member of this Scheme or of the Old Fund.

(2) A former member who has left the service of the Board without becoming a superannuated member and who is re-employed by the Board may be re-admitted to membership if he is under 60 years of age on the day on which he is re-employed in a clerical, supervisory or executive position on the regular establishment of the Board 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, he shall be entitled to reckon his previous period of membership 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.