S.I. No. 344/1980:

NATIONAL BOARD FOR SCIENCE AND TECHNOLOGY STAFF SUPERANNUATION SCHEME 1980.

NATIONAL BOARD FOR SCIENCE AND TECHNOLOGY STAFF SUPERANNUATION SCHEME 1980.

I, CHARLES J. HAUGHEY, in exercise of the powers given to me by Section 28 (1) of the National Board for Science and Technology Act, 1977 and with the concurrence of the Minister for the Public Service hereby approve of the National Board for Science and Technology Staff Superannuation Scheme 1980 as set out hereunder:

1 Short Title

This Scheme may be cited as the National Board for Science and Technology Staff Superannuation Scheme, 1980.

2 Commencement

This Scheme will commence with effect from 5 April 1978, which shall be known as the date of commencement.

3 Definitions

In this Scheme save where the context otherwise requires:

3.1 "Board" means the National Board for Science and Technology.

3.2 "A pensionable post" means a permanent whole-time post with the Board which--

3.2.1 in the case of a post existing on the date of approval of the Scheme is a post which is declared within three months from the date of approval by resolution of the Board to be a pensionable post;

3.2.2. in any other case is a post which is declared in the Conditions of Service attaching to it to be a pensionable post.

3.3 "Minister" means the Taoiseach.

3.4 "Pensionable employee" means a person who is employed by the Board in a whole-time capacity in a pensionable post and who satisfies the requirements for membership of the Scheme.

3.5 "Member" means a pensionable employee to whom this Scheme applies.

3.6 Words importing the masculine gender shall, unless the contrary intention appears, also import the feminine gender.

4 Membership

4.1 Admission to membership will be open to pensionable employees who are over the age of twenty and who are not in membership of a retiring benefit scheme of any body associated with the Board.

4.2 No person who would not have completed at least five years pensionable service under the Scheme (as defined in paragraph 8) on attaining age sixty-five shall be admitted.

4.3 A member may not continue in membership after he has attained the age of sixty-five.

4.4 Membership shall be compulsory for all pensionable employees.

4.5 The Board shall decide upon the eligibility for membership of the Scheme. The Board shall notify an employee of his admission to membership of the Scheme and shall furnish him with a copy of the terms of the Scheme.

4.6 An employee to whom this Scheme applies, shall satisfy the Board either at the time of his first appointment or at the date of entry into the Scheme, that he is in good health and free from any physical defect or any disease which may interfere with the proper discharge of his duties. If an employee does not satisfy the Board in this regard, he shall not be eligible for membership.

5 Salary and Pensionable allowances

5.1 "Salary" shall be taken as the annual basic rate of remuneration payable from time to time as determined or approved by the Board excluding any sums paid in respect of overtime, commission, gratuity, special fees, travelling allowances, subsistence allowance and the like, the money equivalent of any emolument or benefit in kind (including motor cars or other vehicles) or any payment towards or in respect of such emoluments.

5.2 "Pensionable allowances" shall be such allowances in the nature of pay as are designated as pensionable by the Board, excluding any sums paid in respect of overtime, commission, gratuity, special fees, travelling allowance, subsistence allowance and the like, the money equivalent of any emolument or benefit in kind (including motor-cars or other vehicles) or any payment towards or in respect of such emoluments.

6 Pensionable Remuneration

6.1 Pensionable remuneration shall include

6.1.1 Where

(i) member has had the same scale of salary and has been in the same grade for the last three years of his pensionable service.

or

(ii) a member who is under 62 years of age, dies in service

or

(iii) member retires or is retired on grounds of ill-health before 60 years of age,

the actual salary of the member at the date of retirement or death.

In any other case his average salary which shall be taken as the total calculated by multiplying by 1/1095 the annual rate of salary appropriate on the last day of pensionable service for each grade in which the member served during the last three years of pensionable service, and multiplying the result by the number of days of his employment in each grade during those years subject to the retiring salary so taken not exceeding the annual basic rate of remuneration payable at the time of retirement or death.

6.1.2 The annual average of any pensionable allowances paid to a member during his last three years of pensionable service.

7 Contributions

7.1 Every member shall pay a contribution as from the date of entry to the Scheme or from the date he took up employment with the Board in the case of a member in the service of the Board on the commencement date.

7.2 The contribution shall be 5% of the salary and pensionable allowances payable to the member from time to time.

7.3 An actuarial revaluation of the Scheme may be carried out from time to time and the Board retains the right to vary the contributions payable by the members.

8 Pensionable Service

8.1 Pensionable service includes--

8.1.1 paid service as a pensionable employee in respect of which contributions have been paid.

8.1.2 Service which is capable of being reckoned for the purposes of the Local Government (Superannuation) Act, 1956 being the period or the aggregate of the periods which is capable of being reckoned as pensionable local service, other than any excess of that period or aggregate over twenty years as referred to in sections 12(2) and 35(2) of the said Act.

8.1.3 Service reckonable in accordance with Section 4 of the Superannuation and Pensions Act, 1963 .

8.1.4 In the case of a member whose service by age 60 would not be sufficient to qualify him for maximum pension and lump sum, such extra years of pension credit, as he opts to purchase at full cost to himself on the basis of rules and actuarial tables approved by the Minister for the Public Service.

8.1.5 In the case of a member in respect of whom a transfer value in respect of superannuation benefits in a former employment other than employment referred to in subparagraph 8.1.2 and 8.1.3 of this Scheme is received by the Board, such additional service as the amount of the transfer value will purchase on the basis of actuarial tables approved by the Minister for the Public Service.

8.1.6 Paid full-time service with the National Science Council in respect of which contributions as required by Clause 7 of this scheme, have been paid.

8.2 The pensionable service of a member who retires, or is retired on grounds of ill health, will, subject to a maximum of 40 years, be the aggregate of the following:

( a ) actual pensionable service reckonable in accordance with sub-paragraph 8.1,

( b ) a period of added service calculated on the following basis (service reckonable in accordance with paragraph 8.1.4 being ignored):

(i) members with between 5 and 10 years of actual pensionable service will be allowed an equivalent amount of added service, such amount of added service not to exceed the difference between the member's age at retirement and age 65.

(ii) members with between 10 and 20 years of actual pensionable service will be allowed the more favourable of:

(i) such amount of service as will together with reckonable service bring pensionable service up to 20 years, the added service not to exceed the difference between the member's age at retirement and age 65;

(ii) 6 years and 243 days, the added service not to exceed the difference between the member's age at retirement and age 60.

(iii) members with more than 20 years of actual pensionable service at retirement will be allowed to add whichever is the lesser of 6 years and 243 days or the difference between their age at retirement and age 60.

8.3 In reckoning pensionable service the term years means a figure determined by the formula A+B/365 where A is the number of completed years in the period in question and B is any number of days additional to a completed year or a number of completed years in that period, and the term year shall be construed accordingly.

8.4 Where a superannuation award is made by a local authority to any person under the provisions of the Local Government (Superannuation) Act, 1956 and in determining the amount of the award any period of pensionable service with the Board has been reckoned, the Board will make the appropriate refund to the local authority under the provisions of Section 57 of the Act.

9 Pensions

9.1 A member who has completed 5 years' pensionable service and who retires on or after attaining the age of 60 years or who retires or is retired before or after reaching the age of 60 on grounds of ill-health which, in the opinion of the Board is likely to be permanent, shall be eligible, to receive a pension of an amount per annum calculated at the rate of 1/80th of his pensionable remuneration as defined in paragraph 6, for each year of pensionable service, subject to a maximum of 40/80ths.

9.2 Pensions payable under this Scheme shall be paid monthly in arrears and shall continue throughout the life of the member.

9.3 The Board may grant such increases in such pensions under the Scheme as may be authorised from time to time by the Minister with the consent of the Minister for the Public Service.

10 Gratuities

10.1 A member who has completed 5 years' pensionable service and who retires on or after attaining the age of 60 or who retires or is retired before or after attaining the age of 60 years on grounds of ill-health which in the opinion of the Board is likely to be permanent shall be eligible to receive a gratuity at the rate of 3/80ths of pensionable remuneration as defined in paragraph 6 for each year of pensionable service subject to a maximum of 120/80.

10.2 If a member has completed less than 5 years' pensionable service and retires or is retired because of ill-health which in the opinion of the Board is likely to be permanent, he shall be eligible to receive a gratuity of 1/12th of retiring salary as defined in paragraph 6 for each year of pensionable service and in addition, where his pensionable service is not less than two years a gratuity equal to 3/80ths of his retiring salary for each year of pensionable service.

10.3 Any person claiming any benefit under this paragraph, or under paragraph 9, on grounds of ill-health shall, if requested by the Board furnish to the Board medical evidence of his state of health and/or undergo medical examination by a registered medical practitioner nominated by the Board.

10.4 If a member who retires or is retired because of ill-health subsequently becomes a pensionable employee before attaining the age of 65 years and has been awarded a pension and gratuity or gratuity only on initial retirement, pension, where payable, shall be cancelled on his reappointment and his previous pensionable service shall be reckoned for the purposes of calculating pensionable service subsequently but the amount of any gratuity awarded on eventual retirement or death or any payment in accordance with sub-paragraphs 12.1 or 12.2 shall be reduced by the amount of the gratuity paid to him on initial retirement.

11 Death Gratuity

11.1 If a member dies while serving, his legal personal representatives shall be eligible to receive the greater of

( a ) his pensionable remuneration or

( b ) the gratuity that would have been payable had the member retired on grounds of ill-health on the date of his death.

11.2 If a former member who has been granted a pension and a gratuity dies and the total paid or payable on foot of the pension and gratuity is less than the gratuity which could have been granted to his legal personal representatives if he had died on the date of his retirement, his legal representatives shall be eligible to receive a gratuity equal to the deficiency.

12 Preservation of Benefits

12.1 ( a ) A member who resigns voluntarily after at least 5 years' service will, provided (a) he does not receive any other benefit in respect of that service and (b) that service cannot be reckoned for pension purposes by him in another employment under approved arrangements, on attaining the age of sixty qualify under this paragraph for a pension and lump sum payment (which pension and payment are in this Scheme referred to as a "preserved pension" and "preserved lump sum", respectively).

( b ) If a person referred to in subparagraph (a) of this paragraph dies before attaining the age of sixty, a sum (in this Scheme referred to as a "preserved death gratuity") shall be payable to the person's personal representative by the Board in respect of him.

( c ) A preserved lump sum or preserved death gratuity shall be payable to or in respect of the person concerned on an application being made to the Board by him at any time after he reaches the age of sixty or, in case he dies before reaching that age, by his personal representative.

( d ) A preserved pension shall be payable to the person concerned on and from his attaining the age of sixty on an application being made by him in that behalf.

12.2 A preserved pension may not exceed an amount obtained by the formula--

where,

A is the number of years (any days in excess of a multiple of completed years being taken account of on a pro-rata basis) of pensionable service, subject to a maximum of 40, as calculated under paragraph 8.1 and

B is the figure arrived at by increasing the pensionable remuneration, as defined in paragraph 6, at date of resignation by reference to pensions increases granted under paragraph 9.3 in the interval between the date of resignation and the date on which the person attains the age of 60.

12.3 A preserved lump sum or preserved death gratuity may not exceed an amount obtained by the formula--

where A has the meaning assigned to it by subparagraph (2) of this paragraph, and where B--

( a ) in case a preserved lump sum is payable, has the meaning assigned to it by the said paragraph (2), or

( b ) in case a preserved death gratuity is payable, is the retiring salary of the person concerned, as increased by reference to pensions increases which may be granted under paragraph 9.3 of this Scheme in the interval between the date of resignation and the date of his death.

13 Return of Contributions:

13.1 A member whose membership ceases because of redundancy and who is not eligible to receive a pension and/or gratuity or a preserved pension and/or a preserved gratuity under this Scheme or to transfer his pensionable service under the provisions of the Superannuation and Pensions Act, 1963 or the local government (Superannuation) Act, 1956 or to a pension scheme approved by the Revenue Commissioners to which a transfer value is paid shall have all his contributions, plus compound interest at 3 per cent per annum with half-yearly rests, paid to him less an amount equal to any income tax liability by the Board in respect of such benefit. For the purposes of calculating interest, contributions paid during any six monthly period shall be deemed to have been paid on the last day of such period.

13.2 A member whose membership ceases for any other reason and who is not eligible to receive a pension and/or gratuity or a preserved pension and/or a preserved gratuity or to transfer his pensionable service under the provisions of the Superannuation and Pensions Act, 1963 or the Local Government (Superannuation) Act, 1956 or to a pension scheme approved by the Revenue Commissioners to which a transfer value is paid shall, subject to the provisions of sub-paragraph 13.5 be eligible to have all his contributions paid to him less an amount equal to any income tax liability by the Board in respect of such benefit.

13.3 Where a member whose contributions have been returned to him under sub-paragraph 13.1 and 13.2, is re-employed by the Board in a pensionable position, his previous pensionable service may be reckoned for the purpose of calculating superannuation subsequently, provided he refunds to the Board the amount of the contributions including interest paid to him with compound interest on such amount at the rate of 3 per cent per annum with half-yearly rests from the date of payment to him. The Board may, at its discretion, agree to accept such refunds by instalments.

13.4 Where a member whose contributions have been returned to him under sub-paragraphs 13.1 or 13.2 subsequently becomes employed in a position service in which is capable of being reckoned under the Local Government (Surperannuation) Act, 1956 his previous pensionable service may be reckoned for superannuation subsequently provided he refunds to the Board the amount of the contributions including interest paid to him with compound interest, on such amount at the rate of 3 per cent per annum with half-yearly rests from the date of payment to him.

13.5 Where a member is dismissed or resigns or otherwise ceases to hold employment in consequence of an offence of a fraudulent character or of misconduct, he shall forfeit all claim to any benefit under the Scheme, and his contributions shall not be repayable to him. The Board will be entitled to recoup out of such contributions the amount of any loss which it had incurred as a result of such offence or misconduct, provided that in the case of any such member, the Board having recouped any financial loss incurred through such offence or misconduct, shall pay to him, or to his legal personal representatives, a sum equal to the amount of all his contributions under the Scheme less any amount so recouped by the Board.

14 Suspension of Pension

If a pensioner under this Scheme receives payment in respect of employment by the Board or by any person or firm resident in the Republic of Ireland and associated with or directly or indirectly controlled by the Board no more of the pension shall be paid for any period of receipt of the payment as may be specified by the Board than so much as, with the payment, equals the remuneration which the person would have received in respect of that period of during it he:

( a ) held the position in which he served on the last day of his pensionable service, but

( b ) was remunerated at the rate of remuneration of which he was in receipt on that date (including the money value of apartments, rations or other perquisites in kind) subject however, in case changes have taken place, (or, if the position has ceased to exist would have taken place if it had not ceases to exist), in that rate to treating that rate as being varied by taking account of so much of those changes as may be specified by the Board.

15 Assignments

A pension under this Scheme may not be assigned or charged. If the pensioner becomes incapable of giving a receipt for payments due, the Board shall have discretion to make such payments in whole or in part to his wife who shall have prior claim or where appropriate to such persons, including the authorities of any institution having care of the pensioner, as the Board think fit, and the Board shall be discharged from all liability in respect of any sum so paid.

16 Declarations

Payments of pension under this Scheme shall be subject to the making by the pensioner of relevant declaration in such form and at such time as the Board require.

17 Proof of Age

A member must submit evidence of his date of birth on entry into the Scheme or before any payment of benefit can be made.

18 Unsatisfactory Service

Where a member is dismissed or resigns or otherwise ceases to hold employment and has been guilty of serious misconduct involving a financial loss to the Board or the State the Board may, at its discretion, refuse or reduce any award which might otherwise be payable under this Scheme in order to make good such a loss.

19 Forfeiture of Pension

A pension awarded under this Scheme shall cease to be payable if the pensioner is convicted on indictment of any offence, and is sentenced to penal servitude, or to any term of imprisonment with hard labour, or exceeding twelve months; but the Board may, at anytime, if it thinks proper, restore the pension either in whole or in part.

20 Appeals

20.1 If a member is aggrieved by the failure or refusal of the Board to make an award under this Scheme or by the amount of any award made, he may, appeal to the Minister who shall refer the dispute to the Minister for the Public Service whose decision shall be final.

20.2 An appeal against a failure to make an award shall be made within eight months after the occasion in respect of which the award is claimed and any other appeal shall be made within six months after the decision to which it relates.

21 Termination or Amendment of Scheme

The Board reserves the right to amend or terminate the Scheme at any time, subject to the approval of the Minister and the concurrence of the Minister for the Public Service and subject to giving three months notice of impending changes to members of the Scheme. Benefits secured for a member prior to the date of amendment or termination will not be affected save by agreement.

GIVEN under my Official Seal this 30th day of September, 1980.

CHARLES J. HAUGHEY,

Taoiseach.

I concur in the approval of the foregoing Scheme.

GIVEN under my Official Seal this 30th day of September, 1980.

GENE FITZGERALD,

Minister for Labour and Minister for the Public Service