S.I. No. 92 of 2015

"Iris Oifigiúil" of 13th March, 2015.

I, PASCHAL DONOHOE, Minister for Transport, Tourism and Sport in exercise of the powers conferred on me by section 44 (4) of the Transport Act 1950 (No. 12 of 1950) and Article 4 of the Córas Iompair Éireann (Additional Powers) Order 1988 ( S.I. No. 381 of 1988 ), the Communications (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 1987 ( S.I. No. 92 of 1987 ) (as adapted by the Transport (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 141 of 2011 )) after consultation with the Minister for Public Expenditure and Reform, hereby order as follows:

1. This Order may be cited as the Córas Iompair Éireann Superannuation Scheme 1951 (Amendment) Scheme (Confirmation) Order 2015.

2. In this Order "amending Scheme" means the Scheme amending the Córas Iompair Éireann Superannuation Scheme 1951 (confirmed by the Córas Iompair Éireann Superannuation Scheme 1951 (Confirmation) Order 1951 ( S.I. No. 353 of 1951 )), prepared by Córas Iompair Éireann and submitted to the Minister for Transport, Tourism and Sport under section 44(5) of the Transport Act 1950 (No. 12 of 1950), and set out in the Schedule to this Order.

3. The amending Scheme is confirmed and is deemed to have come into operation on 1 January 2015.

SCHEDULE

CÓRAS IOMPAIR ÉIREANN SUPERANNUATION SCHEME 1951 (AMENDMENT) SCHEME 2015

Interpretation

1. (1) In this amending Scheme-

"existing Scheme" means the Córas Iompair Éireann Superannuation Scheme 1951 set out in the Schedule to the Córas Iompair Éireann Superannuation Scheme 1951 (Confirmation) Order 1951 ( S.I. No. 353 of 1951 ), as last amended by the amending superannuation scheme confirmed by the Córas Iompair Éireann Superannuation Scheme 1951 (Amendment) Scheme (Confirmation) Order 2010 ( S.I. No. 50 of 2010 );

"2000 amending scheme" means the amending scheme confirmed by the Córas Iompair Éireann Superannuation Scheme 1951 (Amendment) Scheme (Confirmation) Order 2000 ( S.I. No. 323 of 2000 );

"operative date" means the 1 January 2015 in respect of Articles 2 and 3 of this amending Scheme.

(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 existing Scheme

2. (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 of 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 of any of the persons mentioned in the preceding subarticle, nor shall this amending Scheme affect any subsisting right or liability accrued to or in respect of, or incurred under the existing Scheme by, any person who retired from or left the service of the Board or died prior to the operative date.

Amendment of existing Scheme

3. Subject to Article 2 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 provision of the existing Scheme which is inconsistent with the provisions hereinafter contained shall cease to have effect.

4. (1) The existing Scheme is amended by substituting for Rule 29 (inserted by Article 26 of the 2000 amending scheme) the following:

"Special Provisions for Persons Promoted from Wages Grades

29. (1) The following provisions shall apply in relation to an employee of the Board who, on or after the 1 January 2015, becomes a member on promotion from a wages grade to a clerical, supervisory or executive position, that is to say-

(a) for the purpose of determining his or her pensionable membership and calculating his or her capital sum and annuity on retirement, his or her period of membership of this Scheme shall be determined by reference to the date he or she was admitted to membership of this Scheme and his or her period of membership of this Scheme shall not be increased by the addition of pensionable service in the Córas Iompair Éireann Pension Scheme for regular wages staff,

(b) if immediately before his or her promotion he or she was a member of the Córas Iompair Éireann Pension Scheme for regular wages staff the contributions made by him or her under that Scheme shall not be paid over to the Trustees for the purposes of this Scheme, and

(c) if he or she is re-transferred to the wages grade, he or she shall be entitled to the benefits to which he or she would have been entitled had he or she left the service in accordance with Rule 24.".

(2) Article 26 of the 2000 amending scheme is deleted.

GIVEN under my Official Seal,

11 March 2015.

PASCHAL DONOHOE T.D.,

Minister for Transport, Tourism and Sport.

EXPLANATORY NOTE

(This note is not a part of the Instrument and does not purport to be a legal interpretation).

The purpose of this Order is to make special provisions for employees of Córas Iompair Éireann who become members of the CIÉ Superannuation Scheme 1951 on promotion from a wages grade.