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S.I. No. 12/2004 - Córas Iompair Éireann Spouses' and Children's Superannuation Scheme (Amendment) Scheme (Confirmation) Order 2004

S.I. No. 12/2004 - Córas Iompair Éireann Spouses' and Children's Superannuation Scheme (Amendment) Scheme (Confirmation) Order 2004 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an

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  1. ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
  2. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 2004 S.I. No. 12/2004 - Córas Iompair Éireann Spouses' and Children's Superannuation Scheme (Amendment) Scheme (Confirmation) Order 2004 S.I. No. 12/2004 - Córas Iompair Éireann Spouses' and Children's Superannuation Scheme (Amendment) Scheme (Confirmation) Order 2004 AmendmentsLeasuithe I, SÉAMUS BRENNAN, Minister for Transport, in exercise

the powers conferred on me by section 44

(4)

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 Public Enterprise (Alteration

Name

Department and Title

Minister) Order 2002 ( S.I. No. 305

2002 )), after consultation with the Minister for Finance, hereby order as follows:

  1. This Order may be cited as the Córas Iompair Éireann Spouses’ and Children’s Superannuation Scheme (Amendment) Scheme (Confirmation) Order
  2. In this Order “amending Scheme” means the Scheme amending the Córas Iompair Éireann Spouses’ and Children’s Superannuation Scheme (confirmed by the Córas Iompair Éireann Spouses’ and Children’s Superannuation Scheme (Confirmation) Order 1989 ( S.I. No. 211

1989 )), prepared by Córas Iompair Éireann and submitted to the Minister for Transport under Article 5

the Córas Iompair Éireann (Additional Powers) Order 1988 ( S.I. No. 381

1988 ), and section 44

(5)

the Transport Act 1950 (No. 12

1950), and set out in the Schedule to this Order.

  1. The amending Scheme is confirmed and is deemed to have come into operation on 6 April
  2. SCHEDULE CÓRAS IOMPAIR ÉIREANN SPOUSES’ AND CHILDREN’S SUPERANNUATION (AMENDMENT) SCHEME 2004
  3. Definitions 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 Córas Iompair Éireann Spouses’ and Children’s Superannuation Scheme as set out in the Schedule to the Córas Iompair Éireann Spouses’ and Children’s Superannuation Scheme (Confirmation) Order 1989 ( S.I. No. 211

1989 ) as subsequently amended by an amending Scheme confirmed by Statutory Instrument No. 206

1992 and by a second amending Scheme confirmed by Statutory Instrument No. 324

2000; “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, 421

1992 and 324

2000; “this Scheme” means the existing Scheme as hereby amended; “the operative date” means the 6 April,

  1. In this amending Scheme unless otherwise expressly stated the words and expressions used shall have the meanings assigned to them by the existing Scheme.
  2. Continuance

the existing Scheme

(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

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

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. 4. Amendment

the existing Scheme 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

(2)

Article 2

the definition

the expression “the deceased’s pension” and inserting in its place the following definition: “the deceased’s pension” means, in relation to a deceased, (a) where s/he retires on account

his/her infirmity before reaching the normal age

retirement and is awarded a pension, the pension which would be granted to him/her if, at the time

his/her retirement, s/he had the pensionable membership which s/he would have had if s/he had served to age 65 years, increased by reference to pension increases granted during the period between his/her retirement and his/her death, (b) where s/he dies while a contributing member having at least five years’ pensionable membership, the pension for which s/he would have qualified if, on the date

death, s/he had retired and then had the pensionable membership which s/he would have had if s/he had served to age 65 years, (c) where otherwise than on retirement due to infirmity, s/he is awarded a pension, the amount

such pension, increased by reference to pension increases granted during the period between his/her retirement and his/her death, (d) for the purposes

Clause

(4)

Article 6and Clause

(3)(a)

Article 8

, the deceased’s pension shall be calculated on the basis that Net Pensionable Salary, as defined in the 1951 Scheme, means the amount by which Pensionable Salary, as defined in the 1951 Scheme, exceeds once times the annual maximum personal rate

Old Age (Contributory) Pension payable on the last day

pensionable membership. 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. GIVEN under my

ficial Seal, this 8th day

January 2004. SÉAMUS BRENNAN, T.D., Minister for Transport. EXPLANATORY NOTE. (This note is not part

the Instrument and does not purport to be a legal interpretation.) The purpose

this Scheme is to co-ordinate the members’ superannuation contributions and benefits with social insurance benefits with effect from 6 April 1995. 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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