Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697803954857.pdf (Ireland)
Dated the (f day of 20 fLcsf (1) (2) ERVIA EUGENE MURPHY MICHAEL RYAN JIMMY JORDAN IRISH PENSIONS TRUST LIMITED BRIAN MULLINS DIARMUID COLLINS DEED OF AMENDMENT relating to the ERVIA SUPERANNUATION SCHEME Ireland"^’ -------- ARTHUR COX Ten Earlsfbrt Terrace Dublin D02T3 80 ^€#43070036.4 THIS DEED OF AMENDMENT is made the day of ■ 20 BETWEEN 1.

2.
ERVIA, a statutory body established by the Gas Act 1976 and having its principal office at PO Box 900, Webworks, Eglinton Sheet, Cork (the “Principal Employer”); and EUGENE MURPHY, of 14 Millgate Drive, Perrystown, Dublinl2; MICHAEL RYAN of 69 Watson Park, Killiney, Co. Dublin; JIMMY JORDAN of 17 St. Catherine’s Park, Glenageary, Co. Dublin, IRISH PENSIONS TRUST LIMITED with registered number 20990 and whose registered office is at 25-28 Adelaide Road, Dublin 2; BRIAN MULLINS c/o Gas Networks Ireland, P.O.
Box 51 Gasworlcs Road, Cork and DIARMUID COLLINS c/o Gas Networks Ireland, P.O.

Box 51 Gasworks Road, Cork (the “Trustees”).

BACKGROUND A.
This Deed is supplemental to; (i) (ii) (iii) (tv) a First Definitive Trust Deed and Rules dated 23 May 2014 (the “First Definitive Deed” and the “First Rules” respectively) whereby the Principal Employer (then named Bord Gdis Eireann) established the Bord Gais Eireann Superannuation Scheme now known as the Ervia Superannuation Scheme (the “Scheme”); a Deed of Adherence dated 23 May 2014 by Bord Gais Energy Limited and SWS Natural Resources .Holdings Limited; a Deed of Cessation of Participation dated 30 June 2014 by Bord Gais Energy Limited and SWS Natural Resources Holdings Limited ; a Second Definitive Trust Deed and Rules dated 27 .July 2015 (the “Second Definitive Deed” and “Second Rules”) which, with effect on and from 27 July 2015, replaced the First Definitive Deed and the First Rules; (v) a Deed of Adherence dated 27 July 2015 by Gas Networks Ireland; (vi) a Deed of Adherence dated 27 July 2015 by Irish Water; (vii) a Deed of Retirement and Appointment of Trustees dated 7 December 2015; (viii) a Deed of Amendment dated 4 December 2017; (ix) a Deed of Removal dated 24 January 2018; (x) aDeed of Retirement dated 1 October 2018: (xi) a Deed of Appointment dated 18 April 2019; (xii) a Deed of Retirement and Appointment dated 21 December 2020; (xiii) a Deed of Retirement dated 8 September 2021; (xiv) a Deed of Retirement and Appointment dated 24 October 2022; and (xv) a Third Definitive Trust Deed and Rules dated the w day of 20 (the “Trust Deed” and “Rules”) which, with effect from the dates set out therein, replaced the Second Definitive Deed and the Second Rules.
B. C. The Trustees are the present trustees of the Scheme.
Clause 22.1 of the Trust Deed provides that the Principal Employer, with the consent of the Trustees, may amend the Trust Deed and Rules, subject to the approval of the Revenue Commissioners and the majority-shareholding Minister within the meaning of the Gas Act 1976 (as amended) having consulted with the Minister for Public Expenditure and Reform, and subject to section 59F of the Pensions Act 1990 (as amended) in respect of which it is noted that the amendment set out in this deed does not materially alter the balance of members’ interests under the Scheme.
D. Pursuant to Clause 22.1, the Principal Employer and the Trustees wish to amend the name of the Scheme as set out herein.

THIS DEED PROVIDES that, with effect from the day of C • • ' 202 'L: 1.

In accordance with Clause 22.1 of the Trust Deed and Rules: 1.1 Clause 19.3 of the Trust Deed is hereby amended by inserting the words “subject to the proviso to Clause 19.5.A” immediately before the words “the Trustees shall set apart out of the Fund”.

1 .
'1 Clause 19.5 of the Trust Deed is hereby amended by; (a) (b) deleting the words “The amount set apart shall at the option of the Trustees” and replacing it with “Subject to Clause 19.5.A, the amount set apart shall at the option of the Trustees”; and deleting the final paragraph thereof and inserting the following new Clause 19.5A; “In the event of an Associated Employer ceasing to participate in the Scheme under Clause 19.5, the Principal Employer may direct that, in lieu of establishing a separate fund in accordance with Clause 19.3, any one or more of the Affected Members who at the Discontinuance Date are in the employment of the Associated Employer shall be treated as if they had left the employment of the Associated Employer on the Discontinuance Date and in that event such Members shall be entitled to such benefits (if any) as the Rules provide.” 1.3 Paragraph 3 of the Rules set out in Part I of the Second Schedule is hereby amended by; (a) inserting the following new definition immediately after the existing definition of “date of joining” and before the existing definition of “fully insured member”; “First Revaluation Year’’’ means the later of the following two periods of time: (a) the Legal Separation Date to 31 December of the year in which the Legal Separation Date occurs; and (b) the date the Member leaves the service of an Employer to 31 December of the year in which the Member leaves the service of an Employer;”, (b) inserting the following new definition immediately after the existing definition of “Knock-for-Knock Agreement under the Local Government Superannuation Code” and before the existing definition of “Local Government Superannuation Code”: ‘“'Legal Separation Date"" shall mean the ‘appointed day’ as such term is defined in the legislation regarding the separation of Irish Water from Ervia and which is currently known as the Water Services (Amendment) (No.
2) Bill 2022, once that legislation is enacted”, (c) inserting the following new definitions immediately after the existing definition of “reduced rate” and before the existing definition of “Social Welfare Acts”: ““Revaluation Percentage"" means the percentage (if any) prescribed under Section 33(4) of the Pensions Act in respect of each Revaluation Year; “Revaluation Year"" means, other than the First Revaluation Year, each year beginning on the 1 January next following the date the Member leaves the .service of the Employers and on each 1 January thereafter;”.
1.4 The references to “pensions increases granted under Paragraph 10” in each of: (a) (b) Paragraphs 7.3(c) and 7.3(e) of the Rules set out in Part I of the Second Schedule; and paragraph (3) of Article 13 of the Rules set out in Part II of the Second Schedule, shall be deleted and replaced by “increases to preserved pensions granted under Paragraph 10.2”.
1.5 The reference to “pension increases granted under Paragraph 10” in the definition of “the deceased’s pension” in paragraph (1) of Article 3 of Pail II of the Second Schedule of the Rules shall be deleted and replaced by “pension increases granted under Paragraph 10.1” 1.6 Rule 10 of Part I of the Second Schedule is hereby amended by its deletion and replacing it with the following new Rule 10: “10.
PENSIONS INCREASES & REVALUATION 10.1 An Employer may, subj ect to the consent of the Principal Employer and subj ect to not exceeding the maximum benefits permitted by the Revenue Commissioners, grant such increases in such pensions in payment under this Scheme as may be authorised from time to time by the Minister with the consent of the Minister for Public Expenditure and Refonn.
10.2 A preserved pension granted under Paragraph 7.3 hereof, shall be increased for: (a) the First Revaluation Year by x/12ths of the Revaluation Percentage where x is the number of complete months from the date of termination of the member’s service with the Employers to the end of the calendar year; and (b) each Revaluation Year following the First Revaluation Year by the amount of the Revaluation Percentage, with effect from the end of each such Revaluation Year or First Revaluation Year (as appropriate).
Save in respect of Members to whom Part XI of the Second Schedule applies, no revaluation shall be made under this Paragraph 10.2 after the last complete calendar year ending before the earliest of; (a) (b) (c) the date when payment of the preserved pension begins, or the date on which the Member attains age 60, or tire date of the Member's death.” 1.7 The Second Schedule of the Trust Deed and Rules is hereby amended by the addition of a new Part XI: “PART XI SPECIAL RULES OF THE SCHEME APPLICABLE TO CERTAIN FORMER MEMBERS OF THE SCHEME WHO JOINED THE IRISH WATER (EX-ERVIA) SUPERANNUATION SCHEME The Rules of the Scheme set out in Part I of the Second Schedule and the Rules of the Sub-Scheme set out in Part II of the Second Schedule shall apply in respect of certain former members of the Scheme who, with effect from the Legal Separation Date, joined the Irish Water (Ex-Ervia) Superannuation ■Scheme, subject to the additional provisions set out in tliis Part XI which shall apply with effect from the Legal Separation Date: 1.
Definitions “Irish Water” means the company incorporated pursuant to section 4 of the Water Services Act 2013.

“Irish Water (Ex-Ervia) Superannuation Scheme” means a scheme established by Irish Water pursuant to section 18A of the Water Services Act 2013.

“member” has the meaning set out in Article 2.1 of this Pail XI.
“relevant person” means those members of this Scheme who, with effect from the Legal Separation Date, joined the Irish Water (Ex-Ervia) Superannuation Scheme and immediately prior to being admitted as a member of the Irish Water (Ex-Ervia) Superannuation Scheme, was a contributing member of this Scheme.

2.

Membership 2.1 For the purposes of this Part XI “member” means a relevant person.

2.2 Membership of this Part XI is restricted to relevant persons.

3.
3.

Pensionable Remuneration and Net Pensionable Remuneration For the purposes of calculating benefits under this Scheme, pensionable remuneration and net pensionable remuneration are as applicable to preserved pensions as set out in Part I and Part II of the Second Schedule in respect of each member.

4.
4.

Pensionable Service For the purposes of calculating benefits under this Scheme, pensionable service is as set out in Part I of the Second Schedule, in respect of each member, but does not include any service with Irish Water with effect on and from becoming a relevant person, and amended as necessary to conform to the conditions set out in Article 7 of this Part XI.

5.
5.

Preserved Pension 5.1 Pensions under this Part XI of the Scheme shall be preserved until the member ceases employment with Irish Water or reaches the age at which preserved pension is paid in accordance with the relevant provisions under Part I of the Second Schedule, whichever occurs last.
5.2 Revaluation under Paragraph 10.2 of Part 1 of the Second Schedule shall be applied to pensions under this Part XI of the Scheme until the earlier of; (a) the date when payment of the preserved pension begins; or (b) the later of; (i) (ii) age 60; and the earliest age at which a member is entitled under the rules of the Irish Water (Ex-Ervia) Superannuation Scheme to receive immediate benefits on his/her retirement from Irish Water; or (c) the date of the Member's death.

6.
6.

Retirement on Medical Grounds Where a member retires or is retired on medical grounds from Irish Water in accordance with relevant provisions under Irish Water (Ex-Ervia) Superannuation Scheme, he/she may have his or her pension and gratuity payable from a date detennined by Irish Water and the preserved pension payable under this Scheme in accordance with the provisions of Part I of the Second Schedule shall be paid.

7.
7.

Inter-scheme linkages 7.1 Single benefits payment The Principal Employer and Irish Water may agree such appropriate arrangements as may be necessary so that benefits shall be paid from the same source as and, where possible, in conjunction with benefits payable under the Irish Water (Ex-Ervia) Superannuation Scheme.
7.2 Increases in Pensionable Remuneration and Net Pensionable Remuneration Irish Water shall be responsible for the liability arising from any increases in benefits payable under this Scheme due to Irish Water increasing relevant pensionable remuneration or net pensionable remuneration in excess of the amount arising under this Scheme as increased by reference to the increases to preserved pension granted under Paragraph 10.2 of Part I of the Second Schedule.
7.3 Professional Added Years (a) (b) (c) (d) A pensionable employee shall be entitled to be considered for professional added years if, immediately before appointment to Irish Water, he/she was in a post which met the conditions referred to in paragraph 6.1 (i) of Part I of the Second Schedule for the grant of professional added years and at the date of retirement from Irish Water meets the conditions set out under the Irish Water (Ex-Ervia) Superannuation Scheme for the grant of professional added years in respect of that same post.
For the avoidance of doubt, no entitlement to professional added years shall be lost or gained as a result of the member's appointment to Irish Water.

For the purposes of calculating professional added years, pensionable service shall be calculated on the aggregate of actual pensionable service under this Scheme and actual pensionable service under the Irish Water (Ex-Ervia) Superannuation Scheme.
Any liability in respect of the addition to service under Article 7.3(b) shall be divided between this Scheme and the Irish Water (Ex-Ervia) Superannuation Scheme on a pro-rata basis based on the member’s actual pensionable service under each scheme.
The power to exercise a discretion in relation to the entirety of the grant of professional added years, on the retirement of a member of this Scheme, shall continue to be exercisable by an Employer in accordance with conditions determined by that Employer with the approval of the Minister and the consent of the Minister for Public Expenditure and Reform under paragraph 6. l(i) of Part I of the Second Schedule of this Scheme.
7.4 Purchased service Any notional service purchased during employment by an Employer shall reckon as pensionable service under this Scheme.

The purchase agreement shall transfer to Irish Water and any future notional service purchased after the Legal Separation Date under that agreement shall reckon as pensionable service under the Irish Water (Ex-Ervia) Superannuation Scheme.
7.5 Ill-health notional service (a) (b) (c) For the purposes of calculating the ill-health vesting period, pensionable service shall be calculated on the aggregate of actual pensionable service under this Scheme and actual pensionable service under the Irish Water (Ex-Ervia) Superaimuation Scheme.
For the purposes of calculating ill-health notional service, pensionable service shall be calculated on the aggregate of actual pensionable service under this Scheme and actual pensionable service under the Irish V/ater (Ex-Ervia) Superaimuation Scheme.

Any liability in respect of the addition to service under Article 7.5(b) shall be divided between this Scheme and the Irish Water (Ex-Ervia) Superannuation Scheme on a pro-rata basis based on the member’s actual pensionable service under each scheme.
7.6 Death benefits (a) (b) (c) For the purposes of calculating death benefits under Paragi'aph 7.2 and 7.3 of Part I of the Second Schedule and under Part II of the Second Schedule, pensionable service shall be calculated on the aggregate of actual pensionable service under this Scheme and actual pensionable service under Irish Water (Ex-Ervia) Superannuation Scheme.
Any liability in respect of the addition to service under Article 7.6(a) shall be divided between this Scheme and the Irish Water (Ex-Ervia) Superannuation Scheme on a pro-rata basis based on the member’s actual pensionable service under each scheme.
Any death gratuity or preserved death gratuity shall be calculated in line with the conditions set out in Part I of the Second Schedule and the equivalent provision in the Irish Water (Ex-Ervia) Superannuation Scheme and shall be divided between this Scheme and the Irish Water (Ex-Ervia) Superannuation Scheme on a pro-rata basis based on the member’s actual pensionable service under each scheme.
7.7 Supplementary Pensions (a) (b) (c) Where a person who was a fully insured member is in receipt of a combined pension under this Scheme and the Irish Water (Ex-Ervia) Superannuation Scheme, is paid a supplementary pension under Part 1 or Part II of the Second Schedule, then the liability for the supplementary pension, save for the part corresponding to the wrap around benefits under the Irish Water (Ex-Ervia) Superannuation Scheme (which liability shall be the responsibility of Irish Water), shall be divided between this Scheme and the Irish Water (Ex-Ervia) Superannuation Scheme on a pro-rata basis based on the member’s actual pensionable service under each scheme.
A person who receives a supplementary pension under Article 7.7(a), is obliged to inform Irish Water if circumstances change which would affect his or her eligibility for a supplementary pension or which would impact on the amount of supplementary pension for which he or she is eligible.
If following a review by Irish Water of the supplementary pension payable under the Irish Water (Ex-Ervia) Superannuation Scheme, Irish Water amends, suspends or ceases the payment of the supplementary pension (in whole or in part), the portion of the supplementary pension payable under this Scheme shall similarly be amended, suspended or ceased (as appropriate).
7.8 Cap of 40 years’ service between schemes The aggregate of pensionable service under this Scheme and the Irish Water (Ex-Ervia) Superannuation Scheme caimot exceed 40 years.

Where the aggregate of service exceeds 40 years, pensionable service shall be divided between this Scheme and the Irish Water (Ex-Ervia) Superannuation Scheme on a pro-rata basis based on the member’s actual pensionable service under each scheme.
7.9 Increases to pensions in payment Any increases to pensions in payment under Paragraph 10.1 of Part I of the Second Schedule or Article 19 of Part II of the Second Schedule of this Scheme shall apply solely to benefits payable under this Scheme and shall be the responsibility of the Employers, Any increases to pensions in payment under the Irish Water (Ex-Ervia.)

Superannuation Scheme shall apply solely to the benefits payable under that scheme and shall be the responsibility of Irish Water.
1.10 Abatement and Cesser or Reduction of Benefit Where a pension or preserved pension payable under the Irish Water (Ex-Ervia) Superannuation Scheme is reduced, suspended, ceased or otherwise abated in accordance with the terms of that scheme then the pension or preserved pension payable to such member under this Scheme shall likewise be reduced, suspended, ceased or otherwise abated in accordance with corresponding provisions of this Scheme.” 2.
This Deed may be executed in any number of counterparts, and by parties on separate counterparts, but shall not be effective until each paidy has executed at least one counterpart.

Each counterpart shall constitute an original of this Deed, but all the counterparts shall together constitute one and the same instrument.

AS WITNESS of the above the parties have duly executed this deed on the date first written above.
GIVEN under the common seal of ERVIA and DELIVERED as a DEED Director DireetWSecretary SIGNED and DELIVERED as a deed by EUGENE MURPHY in the presence of: Witness'" signature Witness’ name Occupation Address MICHAEL RYAN !
SIGNED and DELIVERED as a deed by MICHAEL RYAN in the presence of: Witness’ signature Witness’ name Occupation Address 7 AGv\aQ I SIGNED and DELIVERED as a deed by JIMMY JORDAN in the presence of: Witness’ signature Witness’ name Occupation Address Given under the common seal of IRISH PENSIONS TRUST LIMITED and DELIVERED as a DEED Director Director/Secretary SIGNED and DELIVERED as a deed by BRIAN MULLINS in the presence of: Witness’ signature Witness’ name Occupation Address U?
SAnOp/Wor?nT OCC- & C-ASU,(AGtJ_______ C SIGNED and DELIVERED as a deed by DIARMUID COLLINS in the presence of: DIARMUID COLLINS Witness’ signature Witness’ name Occupation Address 'fLMSAOfvS.
io ‘^4 0 CyrvY7 yoT O>7 Gu^C;A&f 0_____ The Minister for Housing, Local Government and Heritage having consulted with the Minister for Public Expenditure and Refonu, approves the foregoing amendments to the Scheme: ficial Seal, this B day of SfO tAcX The Minister for Public Expenditure and Reform, hereby acknowledges having been consulted with by the Minister for Housing, Local Government and Heritage in the making of the foregoing amendments to the Scheme.

Given under my Official Seal, this § day of .