S.I. No. 209/1989:

CÓRAS IOMPAIR ÉIREANN SALARIED OFFICERS' AND CLERKS' (G.S.R.) SUPERANNUATION SCHEME (AMENDMENT) SCHEME (CONFIRMATION) ORDER, 1989.

CÓRAS IOMPAIR ÉIREANN SALARIED OFFICERS' AND CLERKS' (G.S.R.) SUPERANNUATION SCHEME (AMENDMENT) SCHEME (CONFIRMATION) ORDER, 1989.

I, SÉAMUS BRENNAN, Minister for Tourism and Transport, in exercise of the powers conferred on me by section 44 of the Transport Act, 1950 (No. 12 of 1950), and the Communications (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order, 1987 ( S.I. No. 92 of 1987 ), hereby, after consultation with the Minister for Finance, 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 (Confirmation) Order, 1989.

2. In this Order, "the amending Scheme" means the Scheme amending the Córas Iompair Éireann, Salaried Officers' and Clerks' (G.S.R.) Superannuation Scheme prepared by Córas Iompair Éireann and submitted to the Minister for Tourism and Transport under section 44 of the Transport Act, 1950 (No. 12 of 1950), and set out in the Schedule to this Order.

3. The amending Scheme is hereby confirmed and shall be deemed to have come into operation on the 1st day of January, 1973.

SCHEDULE.

CÓRAS IOMPAIR ÉIREANN, SALARIED OFFICER' AND CLERKS' (G.S.R.) SUPERANNUATION SCHEME (AMENDMENT) SCHEME, 1989.

1. Interpretation.

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 Éireann Salaried Officers' and Clerks' (G.S.R.) Superannuation Scheme as scheduled to the Great Southern Railways Company (Superannuation Scheme) Act, 1947 (No. 21 of 1947) as amended by Statutory Instruments numbered 220 of 1963, 76 of 1971, 253 of 1974, 46 of 1977, 127 of 1981, 246 of 1982, 346 of 1982, 286 of 1985, 57 of 1987 and 95 of 1988.

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

"Spouse's and Children's Pension" means any pension payable under the CIE Spouses' and Children's Superannuation Scheme confirmed by the Minister for Tourism and Transport and introduced by the Board with effect from the 1st day of January, 1973.

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

3. Amendment of the existing Scheme.

(1) The following new Rule shall be added to the existing Scheme and inserted after Rule 20:--

"20A Spouse's and Children's Pensions

(1) When a Spouse's and Children's Pension becomes payable upon the death of a contributing member the total of benefits payable under Rule 19 and sub-paragraphs (ii) and (iii) of paragraph (13) of Rule 23 shall be limited so that they shall not exceed the salary of which the member was in receipt at the date of his death or a 1/30th part of such salary for each year of his pensionable membership up to a maximum of 45/30ths whichever shall be the greater.

(2) When a Spouse's and Children's Pension becomes payable on the death of a superannuated member the sum to be paid under Rule 20 shall be limited so that the total of the said sum together with any capital sum and the aggregate of annuities paid to the superannuated member shall not exceed the superannuated member's final salary or 1/30th part of his final salary for each year of his pensionable membership up to a maximum of 45/30ths, whichever shall be the greater.

(3) If the amounts to be paid under Rules 19 or 20 under sub-paragraphs (ii) and (iii) of paragraph (13) of Rule 23 are by operation of this Rule less than the amounts which would otherwise have been payable, the difference shall be paid to the Fund of the CIE Spouses' and Children's Superannuation Scheme."

(2) Insert at the end of Rule 19 and Rule 20 and in paragraph (13) of Rule 23 after the words "notwithstanding anything to the contrary contained in these rules" the phrase "but subject to the limitation imposed by Rule 20A when applicable.".

GIVEN under my Official Seal, this 1st day of August, 1989.

SÉAMUS BRENNAN,

Minister for Tourism and Transport.

EXPLANATORY NOTE.

The purpose of this Order is to confirm a Scheme to amend the existing Superannuation Scheme to reflect the establishment of a full Spouses' and Children's Superannuation Scheme for CIE salaried staff including members of the existing Scheme.