S.I. No. 220/1963:

CÓRAS IOMPAIR ÉIREANN, SALARIED OFFICERS' AND CLERKS' (G.S.R.) SUPERANNUATION SCHEME (AMENDMENT) SCHEME, 1962 (CONFIRMATION) ORDER, 1963.

CÓRAS IOMPAIR ÉIREANN, SALARIED OFFICERS' AND CLERKS' (G.S.R.) SUPERANNUATION SCHEME (AMENDMENT) SCHEME, 1962 (CONFIRMATION) ORDER, 1963.

WHEREAS by section 6 of the Great Southern Railways Company (Superannuation Scheme) Act, 1947 (No. 21 of 1947), the Córas Iompair Éireann, Salaried Officers' and Clerks' (G.S.R.) Superannuation Scheme (in these Recitals referred to as the Scheme) (a copy whereof is set out in the Schedule to that Act) was confirmed and given the force of law:

AND WHEREAS Córas Iompair Éireann has, in pursuance of paragraph (1) of Rule 54 of the Scheme and the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ), submitted to the Minister for Transport and Power a scheme (in these Recitals referred to as the amending scheme) amending the Scheme:

AND WHEREAS the said Minister has heard all parties desirous of being heard and appearing to him to be interested therein:

AND WHEREAS the said Minister has thought it proper to modify the amending scheme in certain respects:

AND WHEREAS the said Minister proposes to confirm the amending scheme as so modified:

NOW, I, ERSKINE H. CHILDERS, Minister for Transport and Power, in exercise of the powers conferred on me by paragraph (2) of Rule 54 of the Córas Iompair Éireann, Salaried Officers' and Clerks' (G.S.R.) Superannuation Scheme; and the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ), and by virtue of the operation of section 45 of the Transport Act, 1950 (No. 12 of 1950), hereby order as follows:

1. This Order may be cited as the Córas Iompair Éireann, Salaried Officers' and Clerks' (G.S.R.) Superannuation Scheme (Amendment) Scheme, 1962 (Confirmation) Order, 1963.

2. The scheme (amending the Córas Iompair Éireann, Salaried Officers' and Clerks' (G.S.R.) Superannuation Scheme) submitted by Córas Iompair Éireann under paragraph (1) of Rule 54 of the said Córas Iompair Éireann, Salaried Officers' and Clerks' (G.S.R.) Superannuation Scheme, as modified by the Minister for Transport and Power (a copy whereof, as so modified, is set out in the Schedule to this Order), is hereby confirmed and shall come into operation on the 7th day of November, 1963.

SCHEDULE

C.I.E. SALARIED OFFICERS' AND CLERKS' (G. S. R.) SUPERANNUATION (AMENDMENT) SCHEME, 1962.

1. 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 the context repugnant to such construction:--

"The existing Scheme" means the Córas Iompair Eireann Salaried Officers' and Clerks' (G.S.R.) Superannuation Scheme.

"The Board" means Córas Iompair Éireann.

"This Scheme" means the existing Scheme as hereby amended.

"Retired member" means a contributing member whose services have been dispensed with in the circumstances set out in rule 22A of this Scheme and who has elected to take deferred superannuation but who has not become a superannuation member.

"Operative date" means the date prescribed by the Order confirming this Scheme as the date upon which this amending Scheme is to come into operation.

2. In this amending Scheme, unless otherwise expressly stated--

(a) words and expressions used shall have the meanings assigned to them by the existing Scheme.

(b) references to numbered rules are references to the rules so numbered of the existing Scheme.

3. Rule 19 of the existing Scheme shall be amended by the insertion after the words "there shall" (in second line) of the words "(subject to the provisions of paragraph (13) of rule 23)".

4. The following new rule shall be added to the existing Scheme and inserted after rule 22 thereof:--

"Deferred Superannuation."

"22A.--(1) Where at any time on or after the 1st day of October, 1958 and before 31st March, 1964, and before attaining 60 years of age, the services of any contributing member who has been such for ten years and upwards are dispensed with by the Board in circumstances certified by the Board as entitling him to compensation under section 14 of the Transport Act, 1958 , or section 17 of the Great Northern Railway Act, 1958 , such former contributing member may, at his option, exercisable in the manner hereinafter provided, elect to leave his contributions (if not earlier withdrawn) in the Fund instead of receiving a refund thereof, in which event he shall be entitled, on reaching the age of 60, to receive by way of superannuation allowance (hereinafter referred to as "deferred superannuation") a capital sum and an annuity for life (the annuity being hereinafter referred to as a "deferred annuity") equal to that which he would have received under rule 14 if, on the day upon which his services were so dispensed with, he had then reached 60 years of age and had retired on that day, provided, however, that the minimum deferred annuity shall be in accordance with the scale provided by rule 16 instead of the scale set forth in rule 14. Every contributing member whose services are so dispensed with and who elects to take deferred superannuation shall thereupon become a retired member, but shall not become a superannuated member until he reaches 60 years of age.

(2) The said option shall be exercised by notice in writing addressed to the Committee and delivered to the Secretary. Where the services of any such former contributing member as aforesaid have been so dispensed with prior to the operative date. he shall (provided he has not withdrawn his contributions before that date) be entitled to exercise the said option within four weeks from the operative date. In any other case, the said option shall, if exercised, be exercised within four weeks from the date upon which the services of such former contributing member are so dispensed with. No former contributing member entitled to exercise the said option shall have any right to a refund of his contributions before the period during which the said option may be exercised has expired.

(3) If a retired member who is entitled to a deferred superannuation dies before becoming a superannuated member, there shall be paid out of the Fund to his representatives a sum equal to that which they would have received under rule 19 if he had died on the day before that upon which his services were dispensed with.

(4) Upon the death of a superannuated member receiving a deferred annuity his representatives, or upon the death of such member and his joint annuitant, the representatives of the survivor of them, shall be entitled to receive from the Fund an amount equal to the sum which would have been payable under rule 19 if the member had died on the day before that upon which his services were dispensed with, subject in each case to a deduction from the sum so payable of the amount already paid as deferred annuity and capital sum on account of the member (including any amount to the member and joint annuitant in respect of a joint annuity under rule 23 of this Scheme)."

5. Rule 23 of the existing Scheme shall be revoked and the following new rule substituted therefor:--

"Joint Annuities."

"23.--(1) In this rule the expression:--

(a) "normal pension" means the annuity to which a member is entitled under this Scheme upon becoming a superannuated member in the circumstances mentioned in rule 14.

(b) "critical date" means in relation to--

(i) a normal pension, the date of the member's retirement,

(ii) a deferred annuity within the meaning of rule 22A, the date upon which the former member's deferred annuity becomes payable.

(2) Subject to the provisions of this rule, every member or retired member (as the case may be) shall have the option of electing to convert his normal pension or deferred annuity or part of such pension or annuity into such joint annuity as is specified in paragraph (4) of this rule payable during the joint lives of himself and a person (hereinafter called the "joint annuitant") of the description mentioned in paragraph (3) of this rule and during the life of the survivor of them.

(3) The description of the person above referred to in this rule is as follows:--

(a) in the case of a married male member, his wife;

(b) in the case of an unmarried member, widower or widow, one dependent relative who (if younger) is not more than fifteen years younger than the member.

(4) The joint annuity into which the normal pension or deferred annuity may be converted shall be:--

(a) in the case where the joint annuitant is the wife of the member, a joint annuity of an amount determined in accordance with paragraph (5) of this rule; and

(b) in the case where the joint annuitant is a dependent relative, a joint annuity of such amount or amounts as may be determined by the Committee with the advice of the actuary or actuaries.

(5) The scales for the conversion of a normal pension or deferred annuity into an annuity payable during the joint lives of a member and his wife and the life of the survivor shall be as follows:--

SCALE A.--ANNUITY PAYABLE TO SUPERANNUATED MEMBER:

If the age of the former member's wife at the critical date is outside the range of Scale A the joint annuity payable to the former member shall be determined by the actuary or actuaries.

SCALE B.--ANNUITY PAYABLE TO A SUPERANNUATED MEMBER'S WIDOW.

One-third of the annuity calculated in accordance with Scale A will be payable to the superannuated member's widow during her life commencing on the day following that on which the superannuated member dies.

(6) If after the critical date, the joint annuitant predeceases the member, the annuity payable to the member will continue unaltered in amount.

(7) The minimum amount of a normal pension or deferred annuity which may be converted into a joint annuity shall be the whole of the normal pension or deferred annuity if not exceeding £120 and £120 of the normal pension or deferred annuity if the amount thereof exceeds £120; a part of the normal pension or deferred annuity to be so converted must be a whole number of pounds and the difference between such part and the normal pension or deferred annuity must not be less than ten pounds.

(8) (a) The option for a joint annuity shall be exercisable only after the member or retired member has attained the age of fifty-four years and six months, and shall only be exercisable as of right and without medical examination before the member or retired member attains the age of fifty-five years.

(b) Where the option for a joint annuity is exercised by a member in respect of his normal pension before he attains the age of fifty-five years, the exercise of the said option shall be deemed to include and to extend to a deferred annuity subsequently elected to be taken by him under rule 22A and the exercise of the said option shall apply to such deferred annuity in the same manner and to the same extent as if it was a normal pension to the intent that the amount of the deferred annuity to be converted in pursuance of this sub-paragraph shall be equivalent to the amount of the normal pension in respect of which the said option was exercised, provided that if the amount of the normal pension which the member elected to convert equals or exceeds the amount of his deferred annuity, the exercise of the said option shall be deemed to apply to the whole of his deferred annuity; and any option for a joint annuity so exercised as aforesaid which purports to be in respect of a normal pension only or omits to mention any deferred annuity that may be taken in lieu of a normal pension shall nevertheless be deemed to apply to such deferred annuity in the manner aforesaid.

(9) Any member or retired member who has not exercised or who is not deemed to have exercised any option under this rule before attaining the age of fifty-five years (including a member who after that age elected to take a deferred annuity) may at any time within three months immediately before the critical date apply to the Committee for leave to exercise the option for a joint annuity in respect of his normal pension or deferred annuity as the case may be. Before giving such leave the Committee shall require such member to submit himself for medical examination but subject thereto may give or withhold such leave in their discretion. An application under this paragraph for leave to exercise the appropriate option shall be irrevocable and if leave is given the application shall operate as an exercise of the option by the member making the application.

(10) Every exercise by a member or retired member of an option under this rule shall be irrevocable except in the following cases, that is to say:--

(a) if the joint annuitant dies before the critical date, the exercise of the option shall automatically be revoked;

(b) the Committee may in their discretion on the written request of any such member or superannuated member made at any time before or within one month after the critical date permit the revocation of the option if in their opinion the circumstances justify the revocation.

(11) Upon the exercise of an option under this rule by any member being revoked either automatically or with the permission of the Committee, the member shall be remitted to the rights to which he would have been entitled under rule 14 or rule 22A or rule 26 hereof as if the option had never been exercised by him.

(12) Every application for leave to exercise an option under this rule shall be in writing by the member and addressed to the Committee and delivered to the Secretary accompanied by a certificate of birth of the joint annuitant and where the joint annuitant is the member's wife a certificate of the marriage or by such other evidence thereof as the Committee may think fit to accept.

(13) Notwithstanding anything to the contrary contained in these rules, if a member who has exercised or been granted leave to exercise the option provided by this rule, dies whilst still a contributing member but after attaining the age of sixty years leaving a joint annuitant surviving such member--

(i) a joint annuity equal to the amount of the joint annuity to which the joint annuitant would have been entitled if the member had retired from the service on the day before that on which he died shall be paid out of the fund to the joint annuitant;

(ii) a sum equivalent to any capital sum which would have been payable to the member if he had retired from the service on the day before that on which he died shall be paid out of the fund to the deceased member's representatives; and

(iii) the sum payable under rule 19 shall be retained in the fund and upon the death of the joint annuitant there shall be paid to the joint annuitant's representatives the difference between the sum so retained and the total of the payments made under sub-paragraph (i) and (ii) hereof.

(14) Without prejudice to the provisions of paragraph (3) of Rule 22A if a retired member who has elected to convert the whole or part of his deferred annuity into a joint annuity dies before his deferred annuity becomes payable, no joint annuity will be payable under this rule to the joint annuitant ".

GIVEN under my Official Seal, this 7th day of November, 1963.

ERSKINE H. CHILDERS,

Minister for Transport and Power.

EXPLANATORY NOTE.

The purpose of the Order is to confirm a scheme to amend the existing Córas Iompair Éireann Salaried Officers' and Clerks' (G.S.R.) Superannuation Scheme to provide for inter alia the retention of pension rights on a deferred basis by members of the scheme in receipt of redundancy compensation.