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S.I. No. 298/1952 -- Electricity Supply Board (Confirmation of Manual Workers' Superannuation (Amendment) (No. 1) Scheme) Order, 1952.

S.I. No. 298/1952 -- Electricity Supply Board (Confirmation of Manual Workers' Superannuation (Amendment) (No. 1) Scheme) Order, 1952. 1952 298

S.I. No. 298/1952:

ELECTRICITY SUPPLY BOARD (CONFIRMATION OF MANUAL WORKERS' SUPERANNUATION (AMENDMENT) (NO. 1) SCHEME) ORDER, 1952.

ELECTRICITY SUPPLY BOARD (CONFIRMATION OF MANUAL WORKERS' SUPERANNUATION (AMENDMENT) (NO. 1) SCHEME) ORDER, 1952.

WHEREAS in pursuance of section 6 of the Electricity Supply Board (Superannuation) Act, 1942 (No. 17 of 1942), the Electricity Supply Board has submitted to the Minister for Industry and Commerce the amending superannuation Scheme set out in the Schedule to this Order :

NOW, I, SEÁN F. LEMASS, Minister for Industry and Commerce, in exercise of the powers conferred on me by the Electricity Supply Board (Superannuation) Act, 1942 , and after consultation with the Minister for Finance, hereby order as follows :

1. This Order may be cited as the Electricity Supply Board (Confirmation of Manual Workers' Superannuation (Amendment) (No. 1) Scheme) Order, 1952.

2. The Scheme set out in the Schedule to this Order, amending the Scheme confirmed by the Electricity Supply Board (Confirmation of Manual Workers' Superannuation Scheme) Order, 1943 (S. R. & O., No. 183 of 1943), is hereby confirmed.

SCHEDULE.

ELECTRICITY SUPPLY BOARD MANUAL WORKERS' SUPERANNUATION (AMENDMENT) (NO. 1) SCHEME.

Short Title.

1. This Scheme may be cited as the Electricity Supply Board Manual Workers' Superannuation (Amendment)(No. 1) Scheme.

Definitions.

2.--(1) In this Scheme, the expression "the Principal Scheme" means the Electricity Supply Board Manual Workers' Superannuation Scheme.

(2) In this Scheme, a reference by number to a clause is to the clause of the Principal Scheme bearing that number.

Amendment of Principal Scheme.

3. The Principal Scheme is hereby amended in the manner indicated in the subsequent provisions of the Scheme.

Amendment of Clause 1.

4. In Clause 1--

(A) paragraph (7) shall be amended by adding the words "and any person who having become entitled to receive a pension from the Fund is for the time being re-employed by the Board."

(B) paragraph (14) shall be deleted and the following paragraph substituted

"(14) 'Manual Worker' means any artisan, workman, labourer or any other worker in the employment of the Board on its regular or established staff whose whole time is devoted to such employment, and any other person who may be classified by the Board, having regard to the nature of his employment, as a Manual Worker for the purpose of the Scheme provided that no person shall be a Manual Worker for the purpose of the Scheme who is

(a) an excepted person within the meaning of Section 7, sub-Section 6 of the Act, or

(b) an apprentice."

(C) paragraph (16) shall be deleted and the following paragraph substituted :--

"(16) 'Service' means continuous service in the employment of the Board ending on the date of retirement from that employment on account of age or failure of health provided that

(i) Any period of service in the employment of the Board prior to a break after the passing of the Act in that service shall be included if, but only if, either the contributions paid to the Fund by the contributing member in respect of such period of service remain in the Fund, or, where a sum in respect of such contributions or such contributions and interest thereon has been repaid to such contributing member, such sum is refunded to the Fund with interest, at such rate as the Committee shall prescribe, but subject to the overriding limitation that only service prior to such break which would have been so reckonable if such break had not occurred shall be included, and

(ii) (a) Where a contributing member is, with the consent of the Board, seconded temporarily to some other employment, the period during which such contributing member is so seconded shall be deemed to be service with the Board for the purpose of the Scheme so long as he remains a contributing member and shall not constitute any break in the continuous service of such employee with the Board, but

(b) any such person whose contributions to the Fund remain unpaid for a period of three months may, by a resolution of the Committee, be declared to have ceased to be a contributing member as from such date as the resolution shall specify, but any such person shall, on returning to the employment of the Board and as from the date of such re-employment, be reinstated as a contributing member and shall be entitled to reckon as service the period during which he was seconded if, but only if, he shall have paid to the Fund such sum in respect of arrears of contributions and interest thereon as the Committee may determine, and/or shall have agreed in writing to pay such future rates of contribution as the Actuary may prescribe."

Amendment of Clause 23.

5. Clause 23 shall be amended by adding the following sentence :--

"If by reason of any mis-statement of his age by a member the rates of contribution payable by him or her shall have been under-assessed the benefit or benefits payable to him or her shall be reduced by such amount as the Actuary shall certify to be appropriate unless the member shall have made good the deficiency in the contributions paid."

Amendment of Clause 24.

6. Clause 24 shall be deleted and the following clause substituted :--

" 24.--(1) Every manual worker in the service of the Board at the date of the confirmation of this Scheme by the Minister who has deposited with the Board a consent to pay contributions as required by Section 12, subsection 1 of the Act, and who has attained the age of 20 years, or who attains that age before the 30th September, 1943, may, by making application in the manner prescribed by clause 21 hereof not later than the 1st February, 1953, elect to join the Scheme, and any such person who does not so elect shall be thenceforth precluded from joining the Scheme and paying contributions or receiving superannuation benefits under the Scheme.

PROVIDED ALWAYS that a Manual Worker who has attained the age of 65 years shall not be eligible for admission to the Scheme.

(2) Every Manual Worker in the service of the Board at the said date of confirmation who shall not have attained the age of 20 years before, the 30th September, 1943, may, when he shall have attained the age of 20 years, by making application in the manner prescribed by Clause 21 hereof within three months of his being notified in writing by the Secretary of the Committee of his eligibility to apply for membership, elect to join the Scheme, provided he has deposited with the Board a consent to pay contributions as required by Section 12, sub-section 1 of the Act, and any such person who does not so elect shall be thenceforth precluded from joining the Scheme and paying contributions or receiving superannuation benefits under the Scheme.

(3) Every person in the service of the Board at the said date of confirmation who shall have attained the age of 20 years before the 30th September, 1943, but who shall not have become eligible as a Manual Worker on or before that date for admission to the Scheme, may, by making application in the manner prescribed by Clause 21 hereof within three months of his being notified in writing by the Secretary of the Committee of his eligibility to apply for membership, elect to join the Scheme provided he has deposited with the Board a consent to pay contributions as required by Section 12, sub-section 1 of the Act, and any such person who does not so elect shall be thenceforth precluded from joining the Scheme and paying contributions or receiving superannuation benefits under the Scheme.

(4) Every Manual Worker who enters the service of the Board after the said date of confirmation may, by making application in the manner prescribed by Clause 21 hereof within three months of his being notified in writing by the Secretary of the Committee of his eligibility to apply for membership, elect to join the Scheme, provided he has deposited with the Board a consent to pay contributions as required by Section 12, sub-section 1 of the Act, and any such person who does not so elect shall be thenceforth precluded from joining the Scheme and paying contributions or receiving superannuation benefits under the Scheme.

PROVIDED that no such person shall be eligible for admission to the Scheme before he shall have attained the age of 20 years or after he shall have attained the age of 65 years.

(5) Every Manual Worker who has been admitted to the Scheme by the Committee shall be entitled to pay, and shall pay, contributions to the Fund in accordance with the Scheme."

Amendment of Clause 30.

7. Clause 30 shall be deleted and the following clause substituted :--

" 30.--(1) The contributions to be paid to the Fund by male contributing members and by the Board respectively shall be the following :--

(a) Contributions in respect of subsequent service.

(b) Additional contributions (optional in the case of the contributing member) in respect of prior service.

(c) Optional additional contributions to secure additional pensions.

(d) Optional additional contributions to secure the sum or sums as provided in Clause 49 payable at normal retiring age or on earlier retirement on account of failure of health.

(2) (a) If a male contributing member was not in the service of the Board at the date of the confirmation of the Scheme by the Minister, the contributions of such contributing member and of the Board in respect of such contributing member's subsequent service shall depend on the age of the contributing member on the date as from which he elects to pay contributions, and shall be paid at the rate shown in Table No. 1 hereto, until such member's normal retiring date or earlier date of retirement from the service of the Board and no longer.

(b) If a male contributing member who was in the service of the Board at the date of the confirmation of the Scheme by the Minister elects to contribute in respect of the whole of his prior service as from the date on which he joins the Scheme, the total joint weekly contribution of the Board and of the contributing member in respect of such member's prior and subsequent service shall be calculated by taking twice the rate shown in Table No. 1 hereto according to the age of the member on the date as from which he elects to pay contributions and adding thereto twice the rate shown in Table No. 2 according to the member's age on the date aforesaid, multiplied by the number of years of his prior service. One half of the contribution so determined shall be payable by the Board and one half shall be payable by the contributing member until such member's normal retiring date or earlier date of retirement from the service of the Board, and no longer :

PROVIDED that the Board may commute that part of its contribution which is equivalent to a rate calculated by multiplying the rate shown in Table No. 2 according to the age of the member on the date as from which he elects to pay contributions by the number of years of his prior service by paying instead for a limited term of years an annuity certain of such amount as the Actuary shall certify to be the equivalent of the part of the contribution so commuted, and the member may commute that part of his contribution which is equivalent to a rate calculated by multiplying the rate shown in Table No. 2 according to his age on the date as from which he elects to pay contributions by the number of years of his prior service by paying instead a lump sum of such amount as the Actuary shall certify to be the equivalent of the part of the contribution so commuted.

(c) If a male contributing member who was in the service of the Board at the date of the confirmation of the Scheme by the Minister does not elect to contribute in respect of prior service, or elects to contribute, as from the date on which he joins the Scheme, in respect of part only of his prior service, the total joint weekly contribution (hereinafter in this sub-paragraph called " the nett joint weekly contribution ") of the Board and of the contributing member in respect of such member's prior and subsequent service shall be determined by deducting from the total joint weekly contribution calculated in the manner described in sub-paragraph (b) of this paragraph the product of the rate shown in Table No. 2 according to the member's age on the date on which he joins the Scheme multiplied by the number of years of prior service in respect of which he does not elect to contribute. There shall be payable in equal parts by the Board and by the contributing member until such member's normal retiring date or earlier date of retirement from the service of the Board, and no longer, so much of the nett joint weekly contribution as is equivalent to twice the rate shown in Table No. 1 according to the age of the member on the date on which he entered the service of the Board. The balance of the nett joint weekly contribution shall be divided into two parts (hereinafter in this sub-paragraph called " residual contributions ") in the proportion which the total number of years of the member's prior service bears to the number of years of his prior service in respect of which he elects to contribute, and the residual contribution proportionate to his total prior service shall be payable by the Board, and the residual contribution proportionate to the number of years of his prior service in respect of which he elects to contribute shall be payable by the contributing member until such member's normal retiring date or earlier date of retirement from the service of the Board, and no longer :

PROVIDED that the Board may commute that part of its residual contribution which is equivalent to a rate calculated by multiplying the rate shown in Table No. 2 according to the age of the member on the date as from which he elects to pay contributions by the number of years of his prior service by paying instead for a limited term of years an annuity certain of such amount as the Actuary shall certify to be the equivalent of the part of the residual contribution so commuted, and the member may commute that part of his residual contribution which is equivalent to a rate calculated by multiplying the rate shown in Table No. 2 according to his age on the date as from which he elects to pay contributions by the number of years of his prior service in respect of which he elects to contribute by paying instead a lump sum of such amount as the Actuary shall certify to be the equivalent of the part of the residual contribution so commuted.

(d) If a male contributing member who was in the service of the Board at the date of the confirmation of the Scheme by the Minister elects, with the consent of the Committee, at a date subsequent to the date on which he joins the Scheme, to contribute in respect of the whole or part of his prior service he shall pay either a lump sum on so electing, or additional weekly contributions during the remaining period of his service with the Board up to his normal retiring date or earlier date of retirement. The amount of the lump sum or of the additional weekly contributions shall be determined by the Committee.

(e) Where a male contributing member is entitled to reckon for superannuation benefits prior service in respect of which the Board has paid contributions, the weekly contributions shown in Table No. 1 shall in calculating the total joint contribution of the Board and of the member in respect of prior and subsequent service be reduced by the amount shown in Table No. 1A according to the age of the member at the date as from which he elects to pay contributions and the number of years of his prior service.

(3)The optional additional contribution of any male contributing member, who shall elect to contribute for additional pension (in units of £13) to a maximum of twelve such units, shall depend upon the age of the member on electing to exercise the option and shall be paid at the appropriate rate per unit shown in Table No. 3 hereto, and the Board shall pay contributions of the same amount.

(4) If a male contributing member who was in the service of the Board at the date of the confirmation of the Scheme by the Minister elects, with the consent of the Committee, to pay additional contributions in respect of additional pension units as provided hereinafter in Clause 48(3) and if as from the date from which he elects to pay the said additional contributions he elects to contribute in respect of the whole of his prior service in relation to such units, the total joint weekly contribution of the Board and of the contributing member in respect of each unit shall be calculated by adding to one half of the rate shown in Table No. 1 according to the member's age on the date as from which he elects to pay the said additional contributions the product of one half of the rate shown in Table No. 2 according to the member's age on the said date multiplied by the sum of the number of years of the member's prior service and of the number of years of the member's subsequent service (if any) up to and ending on the day preceding the date as from which the member elects to pay the said additional contributions. One half of the total joint weekly contribution so determined shall be payable by the Board and one half shall be payable by the contributing member until such member's normal retiring date or earlier date of retirement from the service of the Board and no longer.

(5)--(a) If a male contributing member who was in the service of the Board at the date of the confirmation of the Scheme by the Minister elects with the consent of the Committee, to pay additional contributions in respect of additional pension units as provided hereinafter in Clause 48(3) and if as from the date as from which he elects to pay the said additional contributions he does not elect in relation to such units, to contribute in respect of prior service or elects to contribute in respect of part only of his prior service, the total joint weekly contribution (hereinafter in this paragraph called " the nett joint weekly contribution ") of the Board and of the contributing member in respect of each unit shall be determined by deducting from the joint weekly contribution calculated in the manner prescribed in paragraph (4) of this Clause the product of one quarter the rate shown in Table No. 2 according to the member's age on the date as from which he elects to pay the said additional contributions multiplied by the number of years of prior service in respect of which he does not elect to contribute.

(b) There shall be payable in equal parts by the Board and by the contributing member, until such member's normal retirement date or earlier date of retirement from the service of the Board and no longer, so much of the nett joint weekly contribution as is equivalent to the sum of one-half the rate shown in Table No. 1 according to the age of the member on the date on which he entered the service of the Board and one-half of the difference (if any) between the rates shown in Table No. 1 according to the member's age on the date as from which he elects to pay the aforesaid contributions and his age on the date of his admission to membership of the Scheme.

(c) The balance of the nett joint weekly contribution shall be divided into two parts (hereinafter in this sub-paragraph called " residual contributions ") in the proportion which the total number of years of the member's prior service bears to the number of years of his prior service in respect of which he elects to contribute and the residual contribution proportionate to his total prior service shall be payable by the Board and the residual contribution proportionate to the number of years of prior service in respect of which he elects to contribute shall be payable by the contributing member until such member's normal retiring date or earlier date of retirement from the service of the Board, and no longer.

(6) If a male contributing member who was in the service of the Board at the date of the confirmation of the Scheme by the Minister elects in the manner hereinafter prescribed in paragraph (4) of Clause 48 to cease to contribute in respect of one or more of the additional pension units provided by paragraph (1) of Clause 48 and to contribute instead in respect of one or more of the additional pension units provided by paragraph (3) of that Clause he and the Board shall be entitled to such reduction in the rates of contribution calculated in the manner prescribed in paragraph (4) or paragraph (5) of this Clause and/or to such lump sum payment as the Actuary shall certify to be appropriate.

(7) If a male contributing member who was in the service of the Board at the date of the confirmation of the Scheme by the Minister elects, with the consent of the Committee, at a date subsequent to the date as from which he elected to contribute in respect of one or more of the additional pension units hereinafter provided by paragraph (3) of Clause 48 to contribute in respect of the whole or part of his prior service in respect of one or more of such additional pension units he shall pay during the remaining period of his service with the Board up to his normal retirement date or earlier date of retirement such additional weekly contributions as shall be determined by the Committee.

(8)--(a) The optional additional contributions of any male contributing member, who shall elect with the consent of the Committee, to contribute for the benefit (hereinafter provided in paragraph (1) of Clause 49) of £200 payable at normal retiring date, or on earlier retirement on account of failure of health, shall be payable by additional equal contributions spread over the remaining period of such contributing member's service with the Board up to the normal retiring date or earlier date of retirement on account of failure of health of such contributing member, and shall depend upon the age of the member on the date as from which he elects to contribute for this benefit, and shall be payable at the rate shown in Table No. 4 hereto.

(b) The optional additional contributions of any male contributing member who shall elect with the consent of the Committee, to contribute for the benefit (hereinafter provided in paragraph (2) of Clause 49) of £100 payable at normal retiring date, or on earlier retirement on account of failure of health, shall be payable by additional equal contributions spread over the remaining period of such contributing member's service with the Board up to the normal retiring date or earlier date of retirement on account of failure of health of such contributing member, and shall depend upon the age of the member on the date as from which he elects to contribute for this benefit and shall be payable at one-half the rate shown in Table No. 4.

(c) The optional additional contributions of any male contributing member who shall elect, with the consent of the Committee, to contribute for the benefit (hereinafter provided in paragraph (3) of Clause 49) of £300 payable at normal retiring date, or on earlier retirement on account of failure of health, shall be payable by additional equal contributions spread over the remaining period of such contributing member's service with the Board up to the normal retiring date or earlier date of retirement on account of failure of health of such contributing member, and shall depend upon the age of the member on the date as from which he elects to contribute for this benefit and shall be payable at one and one-half times the rate shown in Table No. 4.

(d) The Board shall, in respect of each male contributing member who shall elect as expressed in any one or more of the preceding sub-paragraphs (a), (b) or (c) pay additional contributions equal in amount to the contributions of the member.

(9)--(a) If a female contributing member was not in the service of the Board at the date of the confirmation of the Scheme by the Minister, the contributions of such contributing member and of the Board in respect of such contributing member's subsequent service shall depend upon the age of the contributing member on the date as from which she elects to pay contributions, and shall be paid at the rate shown in Table No. 5 hereto, until such member's normal retiring date or earlier date of retirement from the service of the Board, and no longer.

(b) If a female contributing member who was not in the service of the Board at the date of the confirmation of the Scheme by the Minister elects, with the consent of the Committee, to pay additional contributions in respect of additional pension units as provided hereinafter in Clause 48(2) the total joint weekly contribution of the Board and of the contributing member in respect of each unit shall be calculated by adding to the rate shown in Table No. 5 according to the age of the member on the date as from which she elects to pay the said additional contributions the rate shown in Table No. 6 according to the member's age on the date aforesaid multiplied by the number of years of her service (if any) from the date of her admission to the Scheme up to and ending on the day before the date as from which she elects to pay the said additional contributions. One-half of the total joint weekly contribution so determined shall be payable by the Board and one-half shall be payable by the contributing member until such member's normal retiring date or earlier date of retirement from the Board, and no longer.

(c) If a female contributing member who was in the service of the Board at the date of the confirmation of the Scheme by the Minister, elects to contribute in respect of the whole of her prior service as from the date on which she joins the Scheme, the total joint weekly contribution of the Board and of the contributing member in respect of such member's prior and subsequent service shall be calculated by taking twice the rate shown in Table No. 5 hereto according to the age of the member on the date as from which she elects to pay contributions and adding thereto twice the rate shown in Table No. 6 according to the member's age on the date aforesaid multiplied by the number of years of her prior service. One-half of the contribution so determined shall be payable by the Board and one-half shall be payable by the contributing member until such member's normal retiring date or earlier date of retirement from the service of the Board, and no longer :

PROVIDED that the Board may commute that part of its contribution which is equivalent to a rate calculated by multiplying the rate shown in Table No. 6 according to the age of the member on the date as from which she elects to pay contributions by the number of years of her prior service by paying instead for a limited term of years an annuity certain of such amount as the Actuary shall certify to be the equivalent of the part of the contribution so commuted.

(d) If a female contributing member who was in the service of the Board at the date of the confirmation of the Scheme by the Minister, does not elect to contribute in respect of prior service, or elects to contribute, as from the date on which she joins the Scheme, in respect of part only of her prior service, the total joint weekly contribution (hereinafter in this sub-paragraph called " the nett joint weekly contribution ") of the Board and of the contributing member in respect of such member's prior and subsequent service shall be determined by deducting from the joint weekly contribution calculated in the manner described in paragraph (c) of this clause the product of the rate shown in Table No. 6 according to the member's age on the date on which she joins the Scheme multiplied by the number of years of prior service in respect of which she does not elect to contribute. There shall be payable in equal parts by the Board and by the contributing member, until such member's normal retiring date or earlier date of retirement from the service of the Board and no longer, so much of the nett joint weekly contribution as is equivalent to twice the rate shown in Table No. 5 according to the age of the member on the date on which she entered the service of the Board. The balance of the total joint weekly contribution shall be divided into two parts (hereinafter in this sub-paragraph called " residual contributions ") in the proportion which the total number of years of the member's prior service bears to the number of years of her prior service in respect of which she elects to contribute and the residual contribution proportionate to her total prior service shall be payable by the Board, and the residual contribution proportionate to the number of years of prior service in respect of which she elects to contribute shall be payable by the contributing member until such member's normal retiring date or earlier date of retirement from the service of the Board and no longer :

PROVIDED that the Board may commute that part of its residual contribution which is equivalent to a rate calculated by multiplying the rate shown in Table No. 6 according to the age of the member on the date as from which she elects to pay contributions by the number of years of her prior service by paying instead for a limited term of years an annuity certain of such amount as the Actuary shall certify to be the equivalent of the part of the residual contribution so commuted.

(e) If a female contributing member who was in the service of the Board at the date of the confirmation of the Scheme by the Minister elects, with the consent of the Committee, to pay additional contributions in respect of additional pension units as provided hereinafter in Clause 48(2) and if as from the date from which she elects to pay the said additional contributions she elects to contribute in respect of the whole of her prior service in relation to such units, the total joint weekly contribution of the Board and of the contributing member in respect of each unit shall be calculated by adding to the rate shown in Table No. 5 according to the member's age on the date as from which she elects to pay the said additional contributions the product of the rate shown in Table No. 6 according to the member's age on the said date multiplied by the sum of the number of years of the member's prior service and of the number of years of the member's subsequent service (if any) up to and ending on the day preceding the date as from which the member elects to pay the said additional contributions. One-half of the total joint weekly contribution so determined shall be payable by the Board and one-half shall be payable by the contributing member until such member's normal retiring date or earlier date of retirement from the service of the Board, and no longer.

( f ) (i) If a female contributing member who was in the service of the Board at the date of the confirmation of the Scheme by the Minister, elects, with the consent of the Committee, to pay additional contributions in respect of additional pension units as provided hereinafter in Clause 48(2) and if as from the date from which she elects to pay the said additional contributions she does not elect, in relation to such units, to contribute in respect of prior service, or elects to contribute in respect of part only of her prior service, the total joint weekly contribution (hereinafter in this subparagraph called " the nett joint weekly contribution ") of the Board and of the contributing member in respect of each unit shall be determined by deducting from the joint weekly contribution calculated in the manner described in sub-paragraph (e) of this paragraph the product of one-half of the rate shown in Table No. 6 according to the member's age on the date as from which she elects to pay the said additional contributions multiplied by the number of years of prior service in respect of which she does not elect to contribute.

(ii) There shall be payable in equal parts by the Board and by the contributing member, until such member's normal retiring date or earlier date of retirement from the service of the Board and no longer, so much of the nett joint weekly contribution as is equivalent to the sum of the rate shown in Table No. 5 according to the age of the member on the date on which she entered the service of the Board and the difference (if any) between the rates shown in Table No. 5 according to the member's age on the date as from which she elects to pay the aforesaid contributions and her age on the date of her admission to membership of the Scheme.

(iii) The Balance of the nett joint weekly contribution shall be divided into two parts (hereinafter in this sub-paragraph called " residual contributions ") in the proportion which the total number of years of the member's prior service bears to the number of years of her prior service in respect of which she elects to contribute and the residual contribution proportionate to her total prior service shall be payable by the Board, and the residual contribution proportionate to the number of years of prior service in respect of which she elects to contribute shall be payable by the contributing member until such member's normal retiring date or earlier date of retirement from the service of the Board, and no longer.

(g) If a female contributing member who was in the service of the Board at the date of the confirmation of the Scheme by the Minister elects, with the consent of the Committee, at a date subsequent to the date on which she joins the Scheme, to contribute in respect of the whole or part of her prior service in relation to the pension hereinafter provided by Clause 36 or if from a date subsequent to the date as from which she elects to pay additional contributions in respect of additional pension units as provided hereinafter in Clause 48(2) she elects to contribute in respect of the whole or part of her prior service in relation to such units, she shall pay, during the remaining period of her service with the Board up to her normal retiring date or earlier date of retirement, additional weekly contributions of such amount as the Committee shall determine.

(10) If a contributing member pays contributions in respect of the whole or part of his or her prior service and if the sum of one-half of his or her total prior service, and one-half of the period of prior service in respect of which he or she pays contributions and the period of his or her subsequent service which would be reckonable if he or she remained in the service of the Board until normal retiring date exceeds 30 years, the total joint contribution of the Board and of the member shall be reduced by such amount as the Actuary shall certify to be appropriate.

(11) Where a contributing member is absent on leave at reduced pay or has been seconded to another employment with the consent of the Board, there shall continue to be payable contributions of the full amount which would have been payable had the member not been so absent or seconded."

Amendment of Clause 34.

8. In Clause 34 paragraph (v) shall be amended by deleting the words " sum of £200 " and substituting therefor the words " a sum or sums as provided hereinafter in Clause 49."

Amendment of Clause 39.

9. Clause 39 shall be amended by deleting the words " to his legal personal representative shall continue to be made " and substituting the words " shall be continued to his legal personal representative " and adding after the words " said date of retirement " the words " but in reckoning the said period of five years any period of service with the Board subsequent to normal retiring date shall be excluded."

Amendment of Clause 43.

10. Clause 43 shall be deleted and the following clause substituted :--

" 43.--(1) If a male contributing member who has not exercised the option hereinafter provided by Clause 50 dies whilst in the service of the Board, there shall be paid to his legal personal representative whichever of the following amounts is the greater :--

(a) a sum equal to the amount (if any) to which the member would have been entitled under Clause 49 hereof if he had retired on account of failure of health on the day of his death together with such sum as the Actuary shall certify to be the present value of the payment for a period of five years of the pension (if any) to which the member would have been entitled under Clauses 35 and 48 hereof if he had retired on account of failure of health on the day of his death, or

(b) a sum equal to the amount of all (if any) contributions paid by the member in respect of the optional benefits provided by Clauses 48 and 49 hereof with compound interest at 3 per cent. per annum on such contributions together with whichever of the following amounts is the greatest--

(i) a sum of £300 and if the member has paid contributions in respect of prior service and has commuted part of his contributions by making instead a single payment, a sum equal to the amount of the single payment with compound interest thereon at 3 per cent. and, if the member has paid contributions in respect of prior service and has not commuted part of his contributions in the manner aforesaid, a sum which bears to the amount of his total contributions in respect of prior and subsequent service with compound interest thereon at 3 per cent. the same ratio as a rate calculated by multiplying the rate shown in Table No. 2 according to his age on the date as from which he elected to pay contributions in respect of prior service by the number of years of prior service in respect of which he has contributed, bears to the total weekly rate at which he has contributed in respect of prior and subsequent service, or

(ii) a sum equal to the amount of his total contributions in respect of prior and subsequent service with compound interest thereon at 3 per cent., or

(iii) such sum as the Actuary shall certify to be the present value of the payment for a period of five years of the pension (if any) to which the member would have been entitled under Clause 35 if he had retired on account of failure of health on the day of his death.

(2) If a female contributing member dies whilst in the service of the Board, there shall be paid to her legal personal representative either a sum equal to the amount of all contributions paid by the member to the Fund with compound interest thereon at 3 per cent., or such sum as the Actuary shall certify to be equivalent to the present value of the payment for a period of five years of the pension (if any) to which the member would have been entitled if she had retired on account of failure of health on the day of her death, whichever is the greater.

(3) In the event of the death whilst in the service of the Board of a male contributing member who has exercised the option provided by Clause 50 there shall be paid, as the Committee may think fit, either

(a) to his legal personal representative a sum calculated in the same manner as is provided in paragraph (1) of this clause, or

(b) to his legal personal representative a sum equal to the amount (if any) to which the member would have been entitled under Clause 49 hereof if he had retired on account of failure of health on the day of his death and to the named dependant an annual payment for such period and of the same amount as the pension to which the said dependant would have been entitled if the member had so retired.

(4) If a member who has been retained in the service of the Board, or who has been re-employed by the Board, subsequent to normal retiring date dies during such period of retention or re-employment by the Board there shall be paid to his legal representatives or to his wife or other named dependant as the case may be, such sums or sum as would have been payable under Clause 39 or Clause 50 if the member had retired on the date of his death."

Amendment of Clause 47.

11. In Clause 47--

A. paragraph (2) shall be deleted and the following paragraph substituted :--

" (2) If a member ceases to be employed by the Board before normal retiring date for any reason other than misconduct or failure of health and such person is subsequently re-employed by the Board, and such person has continued his membership of the Scheme, or has been re-admitted to membership, the contributions payable by such person and by the Board in respect of such person shall, as from the date as from which he elects to resume payment of contributions, be at such a rate as the Actuary shall certify to be appropriate, and as from the said date the member shall be entitled to receive out of the Fund :--

(a) Such benefits as under this Scheme would be payable to a member who first joined the Scheme on the date as from which the member resumes payment of contributions, and

(b) Where such member is, by virtue of paragraph (16) of Clause 1 entitled to reckon for superannuation benefits service in the employment of the Board prior to the hereinbefore mentioned cessation of employment, such additional pension benefit as is equivalent to the amount by which the pension payable under Clause 35 and Clause 48 would be increased if the said period of service were added to the period of the member's service subsequent to the date of his re-employment."

B. the following paragraph shall be added :--

" (4) Any person who was a member of the Scheme prior to ceasing to be employed by the Board for any reason other than misconduct or failure of health and who has left his contributions in the Fund or has repaid with interest at such rate as the Committee may prescribe any sum paid to him in respect of his contributions with or without interest thereon, shall, on re-employment by the Board, be eligible for re-admission to the Scheme whether he is re-employed in a capacity the same as or different from that in which he was previously employed."

Amendment of Clause 48

12. In Clause 48--

A. paragraph (1) shall be amended by deleting the word " six " and substituting therefor the word " twelve."

B. paragraph (2) shall be deleted and the following paragraph substituted :--

" (2) Each female contributing member may, at the time she joins the Scheme or, with the consent of the Committee, at a later date elect to contribute for additional pensions in one or more units payable on the same conditions and calculated on the same basis as is mentioned in Clause 36 but at the rate of 8/8d. per annum, provided that the additional pensions payable to a female member shall not exceed the greater of the following amounts, that is to say, the amount by which the pension payable under Clause 36 is less than £52 per annum or the amount by which the said pension under Clause 36 is less then twenty-six times the full weekly rate of wages payable to such member in the

last full wages week of her service immediately preceding her normal retiring date or earlier date of retirement on account of failure of health, provided also that the total pensions payable under this paragraph shall not exceed £52 per annum."

C. The following paragraphs shall be added--

" (3) Each male contributing member who was in the service of the Board at the date of the confirmation of the Scheme by the Minister may, with the consent of the Committee, elect to contribute for additional pensions in one or more units payable on the same conditions and calculated on the same basis as is mentioned in Clause 35 but at the rate of 13/- per annum.

(4) Each male contributing member who was in the service of the Board at the date of the confirmation of the Scheme by the Minister and who has elected to contribute in respect of one or more of the additional pension units provided by paragraph (1) of this clause may, with the consent of the Committee, elect not later than the 30th September, 1953, to cease to contribute in respect of the said units, and to contribute instead in respect of one or more of the additional pension units provided by paragraph (3) of this clause, provided that as from the said date of election the contributing member shall cease to be entitled to any benefit under paragraph (1) of this clause.

(5) The maximum additional pension payable to a male member under this clause shall not exceed the greater of the following amounts, that is to say, the amount by which the pension payable under Clause 35 is less than £156 per annum or the amount by which the said pension under Clause 35 is less than twenty-six times the full weekly rate of wages payable to such member in the last full wages week of his service immediately preceding his normal retiring date or earlier date of retirement on account of failure of health, provided that the total pensions payable under this clause shall not exceed £156 per annum."

Amendment of Clause 49.

13. Clause 49 shall be deleted and the following clause substituted :--

" 49.--(1) It shall be optional for each male contributing member to contribute towards the provision at normal retiring date or on earlier retirement due to failure of health of the payment of a sum of £200. This option may be availed of by a member at the time of joining the Scheme or, with the consent of the Committee at a later date, provided that no male contributing member who joins the Scheme on or after the 1st November, 1952, shall be eligible to contribute for this benefit.

(2) It shall be optional for each male contributing member who joins the Scheme before the 1st November, 1952, and who is or becomes a contributor under the provisions of paragraph (1) of this Clause to contribute also, if the Committee shall so consent, towards the provision at normal retiring date or on earlier retirement due to failure of health of the payment of an additional sum of £100.

(3) It shall be optional for each male contributing member, who joins the Scheme on or after the 1st November, 1952, to contribute, if the Committee shall so consent, towards the provision at normal retiring date or on earlier retirement due to failure of health of the payment of a sum of £300. This option may be availed of at the time of joining the Scheme or at a later date."

Amendment of Clause 50.

14. In Clause 50 paragraph (1) shall be deleted and the following paragraph substituted :--

" (1) A male contributing member may, at any time before the normal retiring date, but not after he has retired from the service of the Board due to failure of health, by notice in writing to the Committee, elect to receive in lieu of the pension payable under Clauses 35 and 48 hereof either

(a) a reduced pension payable during the joint lives of himself and his wife, or such other named dependant as the Committee may have approved, and of the survivor and no longer, or

(b) a reduced pension payable during the joint lives of himself and his wife, or such other named dependant as the Committee may have approved and of the survivor and no longer, provided that should his wife or named dependant pre-decease the member the said reduced pension payable to the member for the balance of his lifetime shall be further reduced by one-third, and provided that should the member die before his wife or named dependant the reduced pension payable to her or him for the balance of her or his lifetime shall be further reduced by two-thirds, or

(c) a reduced pension payable to him until his death and thereafter to such named dependant as the Committee may have approved, until the date when such dependant dies or the date on which such dependant attains a specified age, whichever of the latter two dates is the earlier.

The amount of any such reduced pension shall be determined by the Actuary whose decision shall be final and conclusive."

Amendment of Clause 56.

15. Clause 56 shall be amended by deleting from paragraph (1) sub-paragraph (d) and substituting the following sub-paragraph :--

" ( d ) As from the material date such person shall be entitled to reckon for superannuation benefits under this Scheme the same service as he would have been entitled to reckon if he had been admitted to this Scheme on the date on which he was admitted to the Other Scheme, and as from the material date the contributions payable by such person and by the Board in respect of such person shall be at such rates as the Actuary shall determine having regard to the appropriate parts of the General Employee's Sum."

GIVEN under my Official Seal, this 17th day of October, 1952.

(Signed) SEÁN F. LEMASS,

Minister for Industry and Commerce.



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