S.I. NO. 230 OF 2003

CÓRAS IOMPAIR ÉIREANN SPOUSES' AND CHILDREN'S PENSION SCHEME FOR REGULAR WAGES STAFF (CONFIRMATION) ORDER 2003

I, Seamus Brennan, Minister for Transport, in exercise of the powers conferred on me by section 44(4) of No. 12 of 1950 ) and Article 4 of Córas Iompair éireann (Additional Powers) Order 1988 ( S.I. No. 381 of 1988 ), and the Communications (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 1987 ( S.I. No. 92 of 1987 ) (as adapted by the Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 305 of 2002 )), after consultation with the Minister for Finance, hereby order as follows:

1.       This Order may be cited as the Córas Iompair éireann Spouses’ and Children's Pension Scheme for Regular Wages Staff (Confirmation) Order 2003.

2.       The pension scheme submitted by Córas Iompair éireann for regular wages staff (a copy of which is set out in the Schedule to this Order) is hereby confirmed and shall be deemed to have come into operation on the 4th day of June, 2003.

SCHEDULE

CÓRAS IOMPAIR ÉIREANN SPOUSES’ AND CHILDREN'S PENSION SCHEME FOR REGULAR WAGES STAFF 2003

1.       Interpretation

(1)      In this Scheme, except where the context otherwise requires,

“adopted child” means in relation to any member, a child adopted by a person (whether alone or jointly with another person) either in pursuance of an adoption order or in accordance with the law of a country or territory other than the State and recognised by the law of the State as valid, and references to lawfully adopted or to a person by whom another person has been adopted shall be construed accordingly. Where a married member applies, before ceasing to be a contributing member, for an adoption order in respect of a child and dies before the adoption procedure is completed and the child is subsequently adopted by the member's spouse, the child shall, from the date on which the member has custody of him, be deemed, for the purposes of this Scheme, to be the member's duly adopted child.

“adoption order” means an adoption order made under the Adoption Acts 1952 to 1998;

“the Board” has the same meaning as it has in the Main Scheme;

“child” means a child or stepchild of the deceased or a child lawfully adopted by the deceased, where the child is -

(a)     a person who has not attained the age of 16 years, or

(b)     a person who has not attained the age of 21 years and is receiving full-time instruction at any university, college, school or other educational establishment, or

(c)     a person who has not attained the age of 21 years and is undergoing full-time instruction or training by any person (in this Scheme referred to as the “Employer”) for any vocation, profession or trade, being instruction or training approved of by the Committee for the purposes of this Scheme, or

(d)     a person who is permanently incapacitated by reason of mental or physical infirmity from maintaining himself or herself and who when his or her permanent incapacity first occurred was a person to whom paragraph (a), (b), or (c) of this definition related,

PROVIDED THAT where, in relation to a person referred to in paragraph (b) or (c) above a break occurs in his or her full-time instruction or training, then, unless the Committee otherwise directs, he or she shall for the duration of such break be regarded as having ceased to be a child for the purposes of this Scheme

AND FURTHER the following shall not be regarded as a child within the meaning of this Scheme, namely:

(i)      a person who was not wholly or mainly dependent on a member immediately prior to the member's death,

(ii)      a person who is married or is cohabiting with another person as man and wife, or

(iii)     a person referred to in paragraph (c) above in respect of, whom emoluments in respect of such instruction or training are payable by, or on behalf of, the employer and which are of such an amount as makes the person self-supporting, provided that if there are compassionate grounds for so doing, the Committee may in their absolute discretion and for so long as they think fit regard such person as being a child for the purposes of this Scheme;

“children's pension” has the meaning assigned to it by Article 5 of this Scheme;

“C.I.E.” means Córas Iompair éireann;

“Committee” means the Committee appointed under the Main Scheme;

“contributing member” means a member of the Main Scheme;

“deceased” has the meaning assigned to it by Article 5 of this Scheme;

“deceased's pension” means, in relation to a deceased but subject to Article 2 of this Scheme -

(a)      where he or she retires on account of his or her ill-health before reaching the normal age of retirement and is awarded a pension, the pension which would be granted to him or her if, at the time of his or her retirement, he or she had attained age 65 years, increased by reference to pension increases granted to him or her during the period between his or her retirement and his or her death,

(b)      where he or she dies while a contributing member having at least 5 years’ membership of the Main Scheme, the pension for which he or she would have qualified if, on the date of death, he or she had retired and then had attained age 65 years,

(c)      where otherwise than on retirement due to infirmity, he or she is awarded a pension or deferred pension, the amount of such pension or deferred pension, increased by reference to pension increases granted during the period between his or her retirement and his or her death;

“former member” means a member who, being then married or whose spouse had died while he or she was a contributing member, had retired and been awarded a pension under the Main Scheme or had left the service and has been awarded a Vested Benefit which has since come into payment;

“fund” has the same meaning as it has in the Main Scheme;

“Main Scheme” means the Córas Iompair éireann Pension Scheme for Regular Wages Staff confirmed by S. R. & O. No. 242 of 1945 and subsequently amended by the amending schemes confirmed by statutory instruments numbered 115 of 1949, 34 of 1955, 226 of 1957, 56 of 1961, 48 of 1965, 7 of 1967, 58 of 1969, 77 of 1971, 252 of 1974, 288 of 1977, 74 of 1980, 181 of 1982, 132 of 1985, 288 of 1985, 319 of 1985, 55 of 1987, 117 of 1988, 258 of 1988, 31 of 1989, 233 of 1991, 120 of 1992, 420 of 1992, 115 of 1996, 428 of 2000, 93 of 2001 and 123 of 2002;

“member” means a person who is a member of this Scheme pursuant to Article 3 of this Scheme;

“Minister” means the Minister for Transport;

“pensionable pay” in relation to any member, means pay for the standard hours designated for the member's position by the Board without regard to any differential, allowance, bonus or other additional payments;

“periodic contributions” has the meaning assigned to it by Article 10 of this Scheme;

“this Scheme” means the Córas Iompair éireann Spouses’ and Children's Pension Scheme for Regular Wages Staff 2003;

“Scheme Membership” means, subject to a maximum of 40 years, the total periods of service in the employment of the Board during membership of this Scheme, including additional service purchased under Article 13, and service which under No. 24 of 1963 ) has been given with an approved organisation and is to be treated as pensionable for the purposes of this Scheme;

“spouse's pension” has the meaning assigned to it by Article 5 of this Scheme;

“Vested Benefit” means a benefit arising under Article 9 of the amending scheme confirmed by statutory instrument number 226 of 1957 (as from time to time amended) or Article 10 of the amending scheme confirmed by statutory instrument number 115 of 1996;

(2)     Where a word or expression used in this Scheme has a meaning or other interpretation assigned to it in the Main Scheme then, unless otherwise expressly stated, the word or expression has that meaning.

2.       Maximum pension payable

For the purposes of this Scheme, the deceased's pension shall not exceed half of the member's pension or commuted pension where the member has previously commuted a portion of his or her pension.

3.       Membership

(1)     All Wages Grade employees in membership of the Main Scheme on or after the 4^th June, 2003 shall become members of this Scheme.

(2)     Every person who, before the 4^th June, 2003, had been admitted to membership of the Main Scheme may apply to become a member of this Scheme, if the completed option form of that person is received by the Committee or the relevant CIE Department within 60 days from the date on which the option forms were received by that person.

(3)     If a member of this Scheme ceases to be a member of the Main Scheme he or she shall cease membership of this Scheme.

4.       Free cover for children after the death of a spouse

If, after a person becomes a member of this Scheme but before his or her retirement -

(a)      the member's spouse dies, and

(b)      there is at that time a child or children,

then any such child will, on the member's death, be eligible for a children's pension without increase in the contribution payable under Article 12 of this Scheme.

5.       Power to grant spouses’ and children's pensions

Subject to the provisions of this Scheme, on the death of a contributing or former member (in this Scheme referred to as the “deceased”) to or in respect of whom a pension or death benefit has been, or is awarded, the Committee shall grant -

(a)      where the deceased leaves a spouse, a pension to that spouse (in this Scheme referred to as a “spouse's pension”), and

(b)      where the deceased had a spouse at any time after this Scheme first applied to him or her (whether or not the marriage continued until the deceased's death and whether or not a spouse's pension is, or can be, granted), a pension for the children of the marriage, and, in the circumstances specified in this Scheme, for any other children of the deceased (in this Scheme referred to as a “children's pension”):

but any marriage of the member which takes place after he or she had ceased to be a contributing member shall not be taken into account for the purposes of this Scheme, and accordingly any reference to a marriage, a spouse or the children of the deceased shall be construed accordingly.

6.       Spouse's pensions

(1)      A spouse's pension shall not be granted or paid under this Scheme -

(a)      if in the opinion of the Committee the spouse was at the time of the death of the member cohabiting with a person other than the deceased as man and wife, or

(b)      in respect of any time after the said death when the spouse is to the knowledge of the Committee remarried or is, in the opinion of the Committee, cohabiting with any person.

(2)      Notwithstanding paragraph (1) of this Article, where -

(a)      a pension under this Scheme is not granted or ceases, and

(b)      at a subsequent date to the date of the marriage or cohabitation by reason of which the pension was not granted or ceased, the Committee is of the opinion that the marriage or cohabitation has come to an end, or that there are compassionate grounds for the payment of pension,

the Committee may, if they think fit, grant or re-grant, as may be appropriate, the pension as from -

(i)      in case the marriage or cohabitation has in the opinion of the Committee come to an end, the date on which the marriage or cohabitation ended, and

(ii)      in any other case, a date not earlier than the date on which the relevant application is received by the Committee.

(3)      Paragraph (2) of this Article does not apply in any case where the spouse is entitled to benefit under this or any other public sector spouses’ and children's pension scheme by virtue of the fact that the spouse of the second marriage was a member of this Scheme.

(4)      Subject to paragraph (1) of this Article, a spouse's pension may be paid for the whole of the period beginning on the death of the deceased and ending with the death of the spouse.

(5)      The rate of a spouse's pension shall be 1/80th of the deceased's pension multiplied by the number of complete years of Scheme Membership, subject to a maximum of 40/80ths.

(6)      Notwithstanding paragraph (5) of this Article, where on the death of a contributing or former member, other than a former member who qualifies for a Vested Benefit, a spouse's pension becomes payable to his or her spouse, the rate of that pension may, in respect of the first month after his or her death, be increased to,

(a)      in case he or she dies while a contributing member, one-twelfth of the rate of his or her net pensionable remuneration,

(b)      in case he or she dies after being granted a pension and the rate of pension payable to him or her on the date of his death is greater than the rate of spouse's pension otherwise payable under this Scheme, one-twelfth of the said rate of pension,

but that the rate as so increased shall be reduced by the rate of any children's pensions payable under this Scheme.

7.       Children's pensions and beneficiaries

(1)      A pension may not be granted under this Scheme in respect of a child,

(a)      if the deceased remained unmarried during the period commencing on the commencement date of this Scheme or, if later, the date on which this Scheme first applied to him or her, and ending on the date on which he or she ceased to be a contributing member, or

(b)      if the child was conceived after the deceased ceased to be a contributing member, or

(c)      because he or she is the adopted child of the deceased, if

(i)      the deceased was unmarried throughout the time this Scheme applied to him or her, or

(ii)      he or she was adopted by the deceased after

(A)     the date of termination of the deceased's last marriage, or

(B)     the date on which the deceased ceased to be a contributing member,

whichever was the earlier, or

(d)      because he or she is the stepchild of the deceased, if the deceased's marriage to the child's parent took place after the last day of the deceased's membership of this Scheme.

(2)      A child shall not be eligible for a children's pension in respect of more than one member. Where there would, apart from this paragraph, be an eligibility for children's pension in respect of two or more members, the child will count as eligible in respect of one of them in the way which, in the opinion of the Committee, will give the most favourable overall result for the child or children in question.

8.       Children's pensions, rate and mode of payment

(1)      A children's pension under this Scheme will be paid to the relevant member's spouse if the eligible children are in the spouse's care, and in case any child in respect of whom the pension is payable is not in such care, the pension will be paid either to the child or to such other person as the Committee may determine. If the children are in the care of more than one person different parts of the children's pension shall be paid to those persons in such proportions as the Committee may determine. In all cases, the pension is to be applied for the benefit of the children for whom it is granted.

(2)      A children's pension may only be paid in relation to a period subsequent to the death of the deceased.

(3)      The rate of children's pension under this Scheme shall be -

(a)      where the deceased leaves no spouse or, if the deceased leaves a spouse and the spouse dies, after the spouse's death -

(i)      where there is only one child, 1/120th of the deceased's pension multiplied by the number of complete years of Scheme Membership, subject to a maximum of 40/120ths

(ii)      where there are two or more children, a rate in respect of each child equivalent to F/G where F is 1/80th of the deceased's pension multiplied by the number of complete years of Scheme Membership subject to a maximum of 40/80ths and G is the number of children;

(b)      subject to paragraph (4) of this Article, where the deceased leaves a spouse -

(i)      where there are not more than three children, for each child 1/240^th of the deceased's pension multiplied by the number of complete years of Scheme Membership subject to a maximum of 40/240ths,

(ii)      where there are more than 3 children, a rate in respect of each child equivalent to X/Y where X is 1/80th of the deceased's pension multiplied by the number of complete years of Scheme Membership subject to a maximum of 40/80ths and Y is the number of children.

(4)     (a)      Where the children of the deceased are at the time of, or at any time after, the deceased's death in the care of some person other than the deceased's spouse, the Committee may, if they think fit, and for so long as the children are in such care apply the rate of pension provided for in paragraph (3)(a) of this Article notwithstanding that the spouse is still alive.

(b)      Where some but not all of the children of the deceased are at the time of, or at any time after, the deceased's death in the care of a person other than the deceased's spouse, the rate of that portion of the children's pension which is payable in respect of the children who are in the care of that person may be calculated by reference to the rates specified in paragraph (3)(a) of this Article. The amount of children's pension payable in respect of a deceased by virtue of this subparagraph shall not exceed one-half of the rate of the deceased's pension.

(5)      Notwithstanding the foregoing provisions of this Article, where -

(a)      the deceased leaves a surviving spouse, and

(b)      either -

(i)      no spouse's pension is granted to her under this Scheme, or

(ii)      if one was so granted, it ceased to be paid before the spouse's death,

then, no children's pension shall be payable under this Scheme as respects any period comprised within the lifetime of the spouse or within the time in respect of which no spouse's pension is payable, as may be appropriate, unless the Committee in their absolute discretion decide that such a pension shall be so payable, and in case they shall so decide, they may if they think fit apply paragraph (4) of this Article as respects any such period.

9.       Payment of Pension

Any pension payable under this Scheme shall be by means of an electronic fund transfer and be paid monthly on the last day of each calendar month.

10.     Periodic Contributions

(1)      Contributions payable under this Article are in this Scheme referred to as “periodic contributions” and shall be payable by a member as follows -

(a)      the rate of the contribution shall be one per cent of -

(i)      the amount of the pensionable pay from time to time payable to him or her, or

(ii)      where he or she is in receipt of reduced wages because of absence from employment, the amount of the pensionable pay that would be payable to him or her if he or she were not so absent;

(b)      in respect of his or her pensionable pay during the period commencing on the date on which he or she becomes a member for the purposes of this Scheme and ending when he or she ceases to be a contributing member, and

(c)      at such times and in such manner as the Committee may determine.

(2)      No contributions shall be payable under this Scheme by a member for any period which does not constitute Scheme Membership.

11.     Refund of contributions

(1)     If a member -

(a)      ceases to be a contributing member and was unmarried at all times during his or her membership, or

(b)      ceases to be a contributing member otherwise than on death, retirement on pension or leaving service with entitlement to a Vested Benefit, having been married at any time during the period or for a portion of the period which this Scheme applied to him or her

then if his or her pensionable membership for superannuation purposes is not transferred to another organisation or service, the whole of his periodic contributions shall be returned to him or her or to his or her legal personal representative, and all entitlements and potential entitlements in respect of him under the terms of this Scheme shall cease.

(2)      In any case other than a case mentioned in subparagraph (a) or (b) of paragraph (1) of this Article, a member on ceasing to be a contributing member may have returned to him or her, or if his or her membership ceases due to death, to his or her legal personal representative, such of those contributions, if any, beginning with his or her initial contributions and working forward, or, in the case of a member covered by subparagraph (b) of this paragraph, his or her final contribution and working back, as is necessary to ensure that the period in respect of which such contributions are paid by him or her without being returned

(a)      does not exceed 40 years, and

(b)      if he or she is widowed when ceasing to be a contributing member, does not exceed a period equal to the length of service on the date of his or her spouse's death.

(3)      Where any contributions are returned under this Article they shall be returned without interest and will be subject to deduction of tax at the appropriate rate.

12.     Non-periodic contributions

(1)     Where a member was married throughout the period, or for a portion of the period, during which this Scheme applied to him or her and he or she ceases to be a contributing member due to -

(i)       death after at least 5 years’ membership of this Scheme, or

(ii)      retirement on pension, or

(iii)     leaving service, except by reason of redundancy, with entitlement to a Vested Benefit,

then unless the number of relevant years is nil, a contribution under this Article will be payable by way of reduction in the amount of a member's capital sum or death benefit or in such other manner as the Committee may require.

(2)      A contribution under subparagraph (1) of this Article shall be equal to 2 per cent of the annual amount of the member's pensionable pay multiplied by the number of relevant years.

(3)      At the discretion of the Committee and subject to conditions specified by them, a member may elect to pay additional contributions at the rate equal to 2 per cent of the annual amount of the member's pensionable pay, over the period of 12 months beginning on a date specified by the Committee, being a date not earlier than the date of the election, and in case one or more such additional contributions are made, this Article shall apply to the person by whom the contribution or contributions is or are made subject to the following modification, namely that in calculating what is the number of relevant years that number shall be reduced by one for every contribution made by the person under this paragraph.

(4)      In this Article, the “number of relevant years” means 40 years, less the number of years for which periodic contributions have been paid and are not returnable.

(5)      Where a member to whom this Article applies gave service with an organisation other than the C.I.E. in respect of which an additional benefit entitlement is granted under the Main Scheme, any portion of that service during which he or she paid periodic contributions under a scheme similar to this scheme may, provided that those contributions were not refunded to him or her, be excluded in determining the number of relevant years under paragraph (4) of this Article.

(6)      A contribution under paragraph (1) of this Article shall be payable by a member whose services are dispensed with because of redundancy and who qualifies for a superannuation allowance under the Main Scheme as follows. At the date of his or her retirement he or she shall pay a further contribution amounting to 1.5% of the annual rate of his or her pensionable pay at that date for each year between the age at which he or she retires and the age of 65 and the pension or pensions in respect of his or her spouse and children payable upon his or her death shall be the pension or pensions which would have been payable if the member had the service which he or she would have had if he or she had remained in membership to the age of 65 years.

13.     Purchase of additional service under this Scheme

(1)     A member who was a member of the Main Scheme prior to the commencement of this Scheme and whose Scheme Membership by age 65 years would be less than 40 years shall, subject to subparagraph (2) below and to limits to be determined by the Board, be entitled to purchase additional years of Scheme Membership in accordance with Article 12.

(1)     The additional service which may be purchased in accordance with Article 12 is limited to the period of membership of the Main Scheme prior to joining this Scheme and, when aggregated with service purchased with periodic contributions and service which under No. 24 of 1963 ) has been given with an approved organisation and is treated as pensionable for the purposes of this Scheme, may not exceed 40 years’ service.

14.     Marriages of members whose early death is to be foreseen

Where a member marries and -

(a)     dies within the year beginning on the date of the marriage, and

(b)     there are no children born of the marriage, and

(c)     the Committee is of the opinion that the member's death within the year beginning with the date of the marriage was, at that date, to be foreseen by the member or his or her spouse,

then, for the purposes of this Scheme the marriage may be regarded by the Committee as not having taken place and, in case the marriage is so regarded all necessary adjustments (including, if need be, repayment to the fund of sums paid in respect of pensions already granted under this Scheme and refunds of contributions made under this Scheme) shall be made accordingly.

15.     Duty to give information

(1)     A member of this Scheme shall give to the Committee such information as is necessary for the proper operation of this Scheme in relation to the member.

(2)     The surviving spouse of a deceased member shall give to the Committee such information as is necessary for the proper operation of this Scheme in relation to him or her, the deceased member or any children of that member.

(3)     A person having the care of a child of a deceased member shall give to the Committee such information as is necessary for the proper operation of this Scheme in relation to that child.

(4)     The legal personal representative of a deceased member shall give to the Committee such information as is necessary for the proper operation of this Scheme in relation to the spouse or any children of that member.

(5)     Payment of pension under this Scheme shall be subject to the making by the spouse, or, where the children's pension is not payable to the spouse, by the person having the care of the children in question, of any declaration in such form and at such time as the Committee may determine.

16.     Repayment of pensions overpaid

If at any time a person receives payments on foot of a pension under this Scheme and such person is not entitled under this Scheme to such payments, or if a person receives payments on foot of a pension which exceed those which are appropriate under this Scheme, such person or, in case such person is dead, the legal personal representative of such person, shall pay to the fund on demand such payments or excess payments as may be appropriate, and such payments or excess payments shall in default of payment be recoverable by the Committee as a simple contract debt in any court of competent jurisdiction.

17.     Payment to legal personal representative

Whenever, under the provisions of this Scheme, payments are to be made to the legal personal representative of the deceased and the persons laying claim to payment are other than those to whom Grant of Probate or Letters of Administration in the estate of the deceased have been issued, payment may be withheld pending the raising of such representation, or, at the discretion of the Committee, may be made to such person or persons and upon such conditions as the Committee shall think fit.

18.     Discretionary application

If the pensioner becomes incapable of giving a receipt for payments due, the Committee shall have discretion to make such payments in whole or in part to such persons, including the authorities of any institution having care of the pensioner, as the Committee think fit, and the Committee shall be discharged from all liability in respect of any sum so paid.

19.     Review of pensions

(1)     Prior to 1 July in each year following the confirmation of this Scheme, the Board shall, in consultation with the actuary, review the rate of pension in payment under this Scheme (other than vested pensions which have come into payment) with a view to increasing the rate of payment, having regard to -

(a)     any maximum increase in pensions authorised by the Minister, with the consent of the Minister for Finance, for the purpose of ensuring that public service norms as to pension increases are not exceeded, having regard to increases in rates of pay for the employees of C.I.E., and

(b)     the financial condition of the fund and any other matter which the Board considers to be relevant.

(2)     For the purpose of its review the Board shall obtain from the actuary advice on the cost of increasing the rate of payment and the effect such increase would have on the financial position of the fund.

(3)     Following its review, the Board shall determine the amount or amounts or rate or rates of increase to be made to each pension in payment under this Scheme (other than vested pensions which have come into payment) with effect from the next 1 July, and shall notify the trustees accordingly.

(4)     Except where the trustees determine, after consulting the actuary, that -

(a)     no such increases should be paid, or

(b)     that all such increases should be reduced rateably,

the trustees shall, subject always to any maximum increase authorised by the Minister with the consent of the Minister for Finance as aforesaid, pay the increases with effect from the next 1 July.

(5)     In this Article “actuary” has the meaning ascribed to it in the Main Scheme.

Explanatory Note

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

The purpose of this Scheme is to provide pensions for the Spouses and Children of deceased members of the Scheme.

Published by the Stationery Office,