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the powers conferred on me by section 44
the Transport Act, 1950 (No. 12
1950), and Article 4
the Córas Iompair Éireann (Additional Powers) Order, 1988 ( S.I. No. 381
1988 ), and the Communications (Transfer
Departmental Administration and Ministerial Functions) (No. 2) Order, 1987 ( S.I. No. 92
1987 ) (as adapted by the Transport, Energy and Communications (Alteration
Name
Department and Title
Minister) Order, 1997 ( S.I. No. 299
1997 )), after consultation with the Minister for Finance, hereby order as follows:
1989 )), prepared by Córas Iompair Éireann and submitted to the Minister for Public Enterprise under Article 5
the Córas Iompair Éireann (Additional Powers) Order, 1988 ( S.I. No. 381
1988 ), and section 44
the Transport Act, 1950 (No. 12
1950), and set out in the Schedule to this Order.
1989) as subsequently amended by the amending Scheme confirmed by Statutory Instrument No. 206
1992 ; “the 1951 Scheme” means the C.I.É. Superannuation Scheme, 1951 set out in the Schedule to the Córas Iompair Éireann Superannuation Scheme, 1951 (Confirmation) Order, 1951 ( S.I. No. 353
1951 ), and subsequently amended by the amending Superannuation Schemes confirmed by Statutory Instruments numbered 221
1963, 80
1971, 254
1974, 47
1977, 126
1981, 245
1982, 345
1982, 287
1985, 339
1986, 58
1987, 29
1989, 212
1989, 234
1991, 12
1992, 13
1992 and 421
1992; “this Scheme” means the existing Scheme as hereby amended; “the operative date” means the 1st day
January,
the existing Scheme. 3.
any deceased pensioner or member if the deceased's pension commenced or death occurred prior to the operative date.
any
the persons mentioned in the preceding sub-article, nor shall this amending Scheme affect any subsisting right or liability accrued to or in respect
, or incurred under the existing Scheme by, any person who retired from or left the service
the Board or died prior to the operative date. Amendment
the existing Scheme. 4. The existing Scheme is hereby amended so as to conform to the provisions hereinafter contained and every provision
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
the fund
this Scheme shall be transferred, and contributions payable under this Scheme shall be paid, to the fund
the 1951 Scheme, and benefits arising under this Scheme shall cease to be payable out
the fund
this Scheme. 6. With effect from the operative date, Article 2
the existing Scheme shall be amended (a) by deleting from Clause
the definitions
the expressions “the Trustees” and “the Secretary”; (b) by deleting from Clause
the definitions
the expressions “C.I.É. Scheme”, “Committee”, “children's pension”, “the deceased”, “the deceased's pension”, “spouse's pension”, “former member”, “the Fund” and “the Actuary” and inserting in their respective places the following definitions: “C.I.É. Scheme” means the 1951 Scheme or the Córas Iompair Éireann Salaried
ficers' and Clerks' (G.S.R.) Superannuation Scheme or the Salaried
ficers' and Clerks' (G.N.R., C.D.R. and I.R.C.H.) Superannuation Scheme 1977 or the D.U.T.C. Scheme for Clerical and Supervisory Staff or any other Superannuation Scheme for Salaried Staff
the Board, in each case as from time to time amended; “Committee” has the meaning ascribed to it in the Córas Iompair Éireann Superannuation Scheme 1951; “children's pension” has the meaning assigned to it by Article 5; “the deceased” has the meaning assigned to it by Article 5; “the deceased's pension” means, in relation to a deceased, (a) where he retires on account
his infirmity before reaching the normal age
retirement and is awarded a pension, the pension which would be granted to him if at the time
his retirement, he had the pensionable membership which he would have had if he had served to age 65, increased by reference to pension increases granted during the period between his retirement and his death, (b) where he dies while a contributing member having at least five years' pensionable membership, the pension for which he would have qualified if, on the date
death, he had retired and then had the pensionable membership which he would have had if he had served to age 65, (c) where otherwise than on retirement due to infirmity, he is awarded a pension, the amount
such pension, increased by reference to pension increases granted during the period between his retirement and his death. PROVIDED THAT for the purpose
this Scheme the deceased's pension shall not exceed one eightieth
pensionable salary for each year
reckonable service subject to a maximum
40/80ths; “spouses pension” has the meaning assigned to it by Article 5; “former member” means a member who, being then married or whose spouse had died while he was a contributing member, had retired and been awarded a pension under a C.I.É. Scheme or had left service and has been awarded a Vested Benefit which has since come into payment; “the Fund” has the meaning ascribed to it in the Córas Iompair Éireann Superannuation Scheme 1951; “the Actuary” has the meaning ascribed to it in the Córas Iompair Éireann Superannuation Scheme 1951: (c) by adding the following new definitions to Clause
; “Vested Benefit” has the meaning ascribed to it in the 1951 Scheme; “Vested Pension” has the meaning ascribed to it in the 1951 Scheme; and (d) by adding the following new Clause
this Scheme, save where the context otherwise requires, “pension” in relation to a C.I.É. Scheme includes a Vested Pension which has come into payment. 7. With effect from the operative date, Article 3 to 35
the existing Scheme shall be deleted and the following new Articles shall be inserted in their place. Membership 3. The following persons shall be members
this Scheme (a) All persons who, on 1st January 1994, had been admitted to membership
the Scheme; (b) All salaried employees appointed to the service
the Board on or after 1st January 1994. Free cover for children after the death
a spouse 4. If, after his becoming a member
this Scheme but before his retirement, a member's spouse dies and there is at that time a child or children, any such child will, on the member's death, be eligible for a children's pension without increase in the contribution payable under Article 11. Power to grant Spouses' and Children's Pensions 5. Subject to the provisions
this Scheme, on the death
a contributing or former member (in this Scheme referred to as “the deceased”) to or in respect
whom a pension or death benefit has been or is awarded, there shall be granted in respect
his service— (
the marriage, and, in the circumstances specified in this Scheme, for other children
his (in this Scheme referred to as a “children's pension”); provided that any marriage
the member which takes place after he had ceased to be a contributing member shall not be taken into account for the purposes
this Scheme, and accordingly any reference to a marriage, a spouse or the children
the deceased shall be construed in accordance with the foregoing. Spouse's Pensions 6.
the death
the member cohabiting with a person other than the deceased as man and wife, or (b) in respect
any time after the said death when the spouse is remarried or is so cohabiting with any person.
this Article, where, (a) a pension under this Scheme is not granted or ceases under the said paragraph
the marriage or cohabitation by reason
which the pension was withheld or ceased, the Committee is satisfied that the marriage or cohabitation has come to an end, or that there are compassionate grounds for the payment
pension. the Committee may, if they think fit, grant or regrant, as may be appropriate, the pension as from, (
the fact that his spouse
the second marriage was a member
this Scheme.
this Article, a spouse's pension may be paid for the whole
the period beginning on the death
the deceased and ending with the death
the spouse.
a spouse's pension shall be one-half
the rate
the deceased's pension.
this Article, where on the death
a contributing or former member, a spouse's pension becomes payable to his spouse, the rate
that pension may, in respect
the first month after his death, be increased, (a) in case he dies while a contributing member, to one-twelfth
the rate
his pensionable salary, (b) in case he dies after being granted a pension and the rate
pension payable to him on the date
his death is greater than the rate
the spouse's pension otherwise payable under this Scheme to one-twelfth
the said rate
pension provided that the rate as so increased shall be reduced by the rate
any children's pensions payable under this Scheme. Children's pensions/ beneficiaries 7.
January, 1973, or, if later, the date on which this Scheme first applied to him, and ending on the date on which he ceased to be a contributing member, or (
the deceased, if, (
the termination
the deceased's last marriage, or (B) the date on which the deceased ceased to be a contributing member, whichever was the earlier, or (d) because he is the step-child
the deceased, if the deceased's marriage to the child's parent took place after the last day
the deceased's pensionable membership.
more than one member. Where there would, apart from this paragraph, be an eligibility for children's pension in respect
two or more members, the child will count as eligible in respect
one
them in the way which, in the opinion
the Committee, will give the most favourable overall result for the child or children in question. Children's pensions; rate and mode
payment 8.
whom the pension is payable is not in such care, the pension will be paid either to the child or to such other person as the Committee may determine. If the children are in the care
more than one person different parts
the children's pension will be paid to those persons in such proportions as the Committee may determine. In all cases, the pension is to be applied for the benefit
the children for whom it is granted.
the deceased.
children's pension under this Scheme shall be (
the deceased's pension, (ii) where there are two or more children, a rate in respect
each child equivalent to F/G where F is six-twelfths
the deceased's pension and G is the number
children; (b) subject to paragraph
this Article, where the deceased leaves a spouse, (i) where there are not more than three children, two-twelfths
the deceased's pension for each child, (ii) where there are more than three children, a rate in respect
each child equivalent to X/Y where X is six-twelfths
the deceased's pension and Y is the number
children.
the deceased are at the time
, or at any time after, his death in the care
some person other than his spouse, the Committee may, if they think fit, and for so long as they are in such care apply the rate
pension provided for in paragraph
this Article notwithstanding that the spouse is still alive. (b) Where some but not all
the children
the deceased are at the time
, or at any time after, his death in the care
a person other than his spouse, the rate
that portion
the children's pension which is payable in respect
the children who are in the care
that person may be calculated by reference to the rates specified in paragraph
this Article, provided that the amount
children's pension payable in respect
a deceased shall not exceed one-half
the rate
the deceased's pension.
this Article, where the deceased leaves a surviving spouse and no spouse's pension is granted to her under this scheme
, if one is so granted to her and it ceases to be paid before her death, no children's pension shall be payable under this Scheme as respects any period comprised within the lifetime
the spouse or within the time in respect
which no spouse's pension is payable, as may be appropriate, unless the Committee in their absolute discretion shall decide that such a pension shall be so payable, and in case they shall so decide, they may if they think fit apply paragraph
the contribution shall be one and one half per cent
the amount
the salary from time to time payable to him (or where he is in receipt
reduced salary because
absence from employment,
the amount
the salary that would be payable to him if he were not so absent); (b) the contribution shall be paid in respect
his salary during the period commencing on the date on which he becomes a member for the purposes
this Scheme and ending when he ceases to be a contributing member, and at such times and in such manner as the Committee may determine.
contributions 10.
the period which this Scheme applied to him then if his pensionable membership for superannuation purposes is not transferred to another organisation or service, the whole
his periodic contributions shall be returned to him or to his legal personal representative, and all entitlements and potential entitlements in respect
him under the terms
this Scheme shall cease.
paragraph
this Article, a member on ceasing to be a contributing member may have returned to him, or if his membership ceases due to death, to his legal representative, such
those contributions, if any, beginning with his initial contributions and working forward, or, in the case
a member covered by sub-paragraph (b)
this paragraph, his final contribution and working back, as is necessary to secure that the period in respect
which such contributions are paid by him without being returned (
service on the date
his spouse's death, and (c) if he ceases to be a contributing member on leaving service with entitlement to a Vested Benefit in respect only
service completed after the 1st January 1991, does not include any period before the 1st January 1991.
a period
notional pensionable membership
a C.I.É. Scheme are refunded, the contributions paid under Article 16 in respect
that period shall also be refunded. (b) if, having been unmarried at all times during his membership, he ceases to be a contributing member and does not transfer his pensionable membership for superannuation purposes to another organisation or service, all
the contributions paid under Article 16 shall be refunded to him or to his legal personal representative. (
his last marriage before such cesser shall be refunded, (ii) if he has paid contributions under Article 16 by way
lump sum payment, the lesser
the payment, where A is the period (expressed to the nearest day) since the termination
his last marriage before such cesser and B is the period (expressed to the nearest day) since he elected to purchase notional pensionable membership, shall be refunded.
tax at the appropriate rate. Non-periodic contributions 11.
the period, during which this Scheme applied to him and he ceases to be a contributing member due to (
relevant years is nil, a contribution under this Article will be payable by way
reduction in the amount
a member's capital sum or death benefit or in such other manner as the Committee may require.
the annual amount
the member's pensionable salary multiplied by the number
relevant years.
the Committee and subject to conditions specified by them, a member may elect to pay, over the period
twelve months beginning on a date specified by the Committee, being a date not earlier than the date
the election, additional contributions equal in each case to the amount
the periodic contributions payable in respect
that period and in case one or more such additional contributions are made, this Article shall apply to the person by whom the contribution or contributions is or are made subject to the following modification, namely that in calculating what is the number
relevant years that number shall be reduced by one for every contribution made by the person under this paragraph.
pensionable membership shall be left out
account for the purposes
this Article.
relevant years” means:— (
years
pensionable membership which he then had, (ii) if such cesser is due to death or to retirement on grounds
infirmity, the number
years
pensionable membership which he would have had if he had served to age 65, reduced in each case by the number
years, if any, for which periodic contributions have been paid by him and are not returnable, (b) in relation to a member who, being then unmarried, ceases to be a contributing member, the number
years
pensionable membership which he had on the date
termination
his last marriage before such cesser, reduced by the number
years, if any, for which periodic contributions have been paid by him and are not returnable.
a C.I.É. Scheme (other than additional years allowed under the terms
the C.I.É. Group Voluntary Severance Schemes or additional years in respect
which periodic deductions from salary or lump sum payments are made under Article 16) shall be taken into account in the determination
the number
relevant years for the purposes
paragraph
this Article.
that service during which he paid periodic contributions under a Scheme similar to this Scheme may, provided that those contributions were not refunded to him, be excluded in determining the number
relevant years under paragraph
this Article.
this Article shall be payable by a member whose services are dispensed with because
redundancy and who qualifies for a superannuation allowance under a C.I.É. Scheme. At the date
his retirement he shall pay a further contribution amounting to 1.5%
his pensionable salary at that date for each year between the age at which he retires and the age
65 and the pension or pensions in respect
his spouse and children payable upon his death shall be the pension or pensions which would have been payable if the member had the service which he would have had if he had remained in membership to the age
65 years. Option for a Joint Annuity not to affect rights under this Scheme: 12. The fact that the Joint Annuity Provision
a C.I.É. Scheme applies to a member shall not affect his rights under this Scheme and the pensions payable under this Scheme in respect
the membership
a member shall be calculated as if the option under such provision in respect
the whole or part
a pension had not been exercised. Marriages
members whose early death is to be foreseen: 13. Where a member marries and— (a) he dies within the year beginning on the date
the marriage, and (b) there are no children born
the marriage, and (c) the Committee is
the opinion that his death within the year beginning with the date
the marriage was, at that date, to be foreseen by him or his spouse for the purposes
this Scheme the marriage may be regarded by the Committee as not having taken place, and in case the marriage is so regarded all necessary adjustments (including, if need be, repayment to the Fund
sums paid in respect
pensions already granted under this Scheme and refunds
contributions made under this Scheme) shall be made accordingly. Duty to give information: 14.
this Scheme shall give to the Committee such information as is necessary for the proper operation
this Scheme in relation to the member.
a deceased member shall give to the Committee such information as is necessary for the proper operation
this Scheme in relation to him or any children
that member.
a child
a deceased member shall give to the Committee such information as is necessary for the proper operation
this Scheme in relation to that child.
a deceased member shall give to the Committee such information as is necessary for the proper operation
this Scheme in relation to the spouse or any children
that Member.
pension under this Scheme shall be subject to the making by the spouse, or where the children's pension is not payable to the spouse, by the person having the care
the children in question,
a declaration in such form and at such time as the Committee may determine. Repayment
pensions overpaid: 15. If at any time a person receives payments on foot
a pension under this Scheme and such person is not entitled under this Scheme to such payments, or if a person receives payments on foot
a pension which exceed those which are appropriate under this Scheme, such person or, in case such person is dead, the legal personal representative
such person, shall pay to the Fund on demand such payments or excess payments as may be appropriate, and such payments or excess payments shall in default
payment be recoverable by the Committee as a simple contract debt in any court
competent jurisdiction. Notional Pensionable Membership: 16.
this Scheme corresponding in the number
years purchased and method
payment with the purchase
notional pensionable membership in the C.I.É. Scheme.
salary specified in the following Table
Rates for each year
notional pensionable membership purchased. TABLE
RATES Age on birthday next following date
election to purchase Notional Pensionable Membership Periodic Deductions to age 60 as Percentage
Salary Lump Sum Payment £s per £100 p.a.
Salary 20 0.06 2.45 21 0.06 2.45 22 0.06 2.45 23 0.07 2.45 24 0.07 2.45 25 0.07 2.45 26 0.07 2.44 27 0.07 2.43 28 0.08 2.42 29 0.08 2.41 30 0.08 2.40 31 0.08 2.37 32 0.08 2.34 33 0.09 2.31 34 0.09 2.28 35 0.09 2.25 36 0.09 2.20 37 0.09 2.15 38 0.10 2.10 39 0.10 2.05 40 0.10 1.99 41 0.10 1.99 42 0.11 1.98 43 0.12 1.97 44 0.12 1.96 45 0.13 1.95 46 0.14 1.92 47 0.15 1.89 48 0.16 1.86 49 0.17 1.83 50 0.18 1.80 51 0.20 1.76 52 0.22 1.72 53 0.24 1.68 54 0.27 1.64 55 0.32 1.60 56 0.39 1.55 57 0.50 1.51 58 0.73 1.46 59 — 1.40 60 — 1.34 61 — 1.37 62 — 1.39 63 — 1.42 64 — 1.44 65 — 1.46
deductions and lump sum payments depend upon current investment conditions and the age pattern
those electing to purchase and the rates in the preceding Table may be altered at any time by the Actuary subject to the approval
the Minister. (b) Periodic deductions shall be made until the member reaches age 60, retires on pension or dies, which ever shall first occur. Payment to Legal Personal Representative: 17. Whenever, under the provisions
this Scheme, payments are to be made to the legal personal representative
the deceased and the persons laying claim to payment are other than those to whom Grant
Probate or Letters
Administration in the estate
the deceased have been issued, payment may be withheld pending the raising
such representation, or, at the discretion
the Committee, may be made to such person or persons and upon such conditions as the Committee shall think fit. Discretionary Application: 18
Rule 31
the 1951 Scheme the Committee in case
hardship may apply it or any part
it for the support and maintenance
the spouse or the children or any
them provided that in no case shall any payment be made to an assignee.
giving a receipt for payments due, the Committee shall have discretion to make such payments in whole or in part to such persons, including the authorities
any institution having care
the pensioner, as the Committee think fit, and the Committee shall be discharged from all liability in respect
any sum so paid. GIVEN under my
ficial Seal, 18th
October, 2000. MARY O'ROURKE, T.D., Minister for Public Enterprise. EXPLANATORY NOTE. (This note is not part
the Instrument and does not purport to be a legal interpretation.) The purpose
this Order is to transfer the assets
the fund
the C.I.E. Spouses' and Children's Superannuation Scheme, and to provide for contributions payable under that Scheme to be paid to the fund
the C.I.E. Superannuation Scheme 1951. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government
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