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rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 1992 S.I. No. 12/1992 - Córas Iompair Éireann Superannuation Scheme 1951 (Amendment) Scheme (Confirmation)
der, 1992. S.I. No. 12/1992 - Córas Iompair Éireann Superannuation Scheme 1951 (Amendment) Scheme (Confirmation)
der, 1992. AmendmentsLeasuithe 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)
der, 1987 ( S.I. No. 92 of 1987 ), and the Tourism and Transport (Alteration of name of Department and Title of Minister)
der, 1991 ( S.I. No. 25 of 1991 ), hereby, after consultation with the Minister for Finance,
der as follows: 1. This
der may be cited as the Córas Iompair Éireann, Superannuation Scheme, 1951 (Amendment) Scheme (Confirmation)
der,
der, "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
der.
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)
der, 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
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
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
of the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986,
under Article 52
of the Local Government [Superannuation] Act, 1956 (Consolidation) Scheme, 1987 whereby neither of them shall make to the other any repayments
recoupments in respect of superannuation contributions
awards which it would otherwise be proper to make under either Scheme. 34.
enters the employment of the Board in a clerical, supervisory
executive position on its regular establishment
who, having entered the service of the Board in a wages grade was
is subsequently promoted to a clerical, supervisory
executive position on its regular establishment.
unfitness) and he then
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:
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.
by an approved body to
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
contribution under Rule 36, make an appropriate refund to such local authority
approved body under the provisions of Article 56
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
contribution under Rule 36, shall recoup that local authority
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.
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
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
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,
the Local Government (Superannuation Revision) (Consolidation) Scheme, 1986.
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
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
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.
AI explanation based on the official legal text. Indicative, not a substitute for legal advice.