Turf Development Act, 1953 (Regular Works Employees) Superannuation Scheme, 1963.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) " The Scheme " may be cited as the Turf Development Act, 1953 (Regular Works Employees) Superannuation Scheme, 1963.
(2) The Scheme will come into operation on the Appointed Day as a Scheme constituted under Sections 6 and 7 of the Act, and the provisions of the said Sections shall apply to the Scheme accordingly.
2 Definitions
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paragraphs: (1) In these Regulations unless the context indicates a contrary intention the following expressions have the meanings hereby assigned to them, that is to say :—
(2) " the Act " means the Turf Development Act, 1953 (No. 19 of 1953).
(3) " the Actuary " means the Actuary appointed pursuant to these Regulations.
(4) " the Appointed Day " means the fourteenth day of March One thousand nine hundred and sixty-three.
(5) " Assumed Wages " means pensionable wages assessed by the Committee in the case of a member who is not for the time being in receipt of wages, or in receipt of his usual wages, or pensionable wages assessed by the Committee for any other reason.
(6) " the Board " means Bord na MÃ³na.
(7) " the Committee " means the members for the time being of the Committee appointed under the Regulations.
(8) " Contributing Member " means any person admitted to membership of the scheme who for the time being contributes to the fund in accordance with the Regulations.
(9) " Contributions " means the contributions of a contributing member as prescribed by the Regulations.
(10) " Contribution Year " means any period of one calendar year commencing on the Appointed Day or any anniversary thereof. Whenever an anniversary of the Appointed Day does not coincide with the first day of a wages week, then, the first day of the next following wages week shall be regarded as such anniversary.
(11) " dependent relatives " means the wife and children of a contributing member and includes any adopted child and any relative of the member or of his wife, who in the opinion of the Committee, are dependent on a contributing member.
(12) " Employee " means a person in the employment of the Board.
(13) " Employment " means employment in the service of the Board.
(14) " failure of health " means such a failure of health whether mental or physical, as in the opinion of the Board acting on the advice of a medical practitioner nominated or approved by the Board in that behalf permanently incapacitates a member from doing his ordinary work in the service of the Board.
(15) " the Fund " means the Superannuation Fund established under the Regulations.
(16) " General Employees " means and includes all wholetime employees of the Board for whom superannuation provision is made under and in accordance with the terms of the other Scheme.
(17) " the General Time Rate " means the basic hourly rate of remuneration for the time being in force for unskilled workers employed by the Board whose ordinary rate of remuneration is calculated by reference to time.
(18) " Member " means an employee admitted to membership of the Scheme and includes a contributing member and any person who having been a contributing member and having temporarily left the service has left his contributions in the Fund as provided by the Regulations but, save as provided expressly in Regulation 18 (2) (b), does not include a person who has attained the age of 65 years.
(19) " Normal retirement date " means in relation to a member, the date on which he attains or is deemed for the purposes of Regulation 18 (2) (c) to have attained the age of 65 years.
(20) " Pension " means the annual pension computed as shown in paragraphs (1) (a) and (1) (b) of Regulation 24 or in paragraphs (1) (a) and (1) (b) of Regulation 26 of these Regulations as the case may be.
(21) " the Other Scheme " means the Turf Development Act, 1953 (General Employees) Superannuation Scheme, 1956.
(22) " Pensionable Service " includes contributing service and prior service and means the number of years of continuous service as defined under the Regulations by reference to which the member's right to pension and other benefits is computed.
(23) " Pensionable Wages " means the yearly remuneration of a member by reference to which the benefits under the Scheme are computed in accordance with the Regulations.
(24) " Pensioner " means any former member who being retired from the service of the Board has been awarded a pension under the scheme.
(25) " Prior Service " means the period during which the member was or under the Regulations is deemed to have been in the continuous whole-time employment of the Turf Development Board Ltd., and/or the Board up to the Appointed Day excluding any service rendered during such period before the member attained the age of 18 years.
(26) " Regular Works Employees " means and includes all such Works Employees as have or shall have been designated by the Board as Regular Works Employees, and no other persons.
(27) " the Regulations " means the Regulations of the Scheme or any amendments thereof made in accordance with the act or any Act amending same.
(28) " the Rules " means the Rules and Bye-Laws made and published by the Board pursuant to the Regulations.
(29) " the Scheme " means the Superannuation Scheme constituted by the Regulations.
(30) " the Secretary " means the person for the time being acting as Secretary to the Scheme pursuant to the Regulations.
(31) " the service " means the service of the Board.
(32) " subsequent service " means whole-time service of a member with the Board on and subsequent to the date as from which he elects to pay contributions under and in accordance with the scheme including pensionable service as defined and reckonable under the Regulations of the other scheme but excluding service rendered prior to attainment of the age of 18 years.
(33) " transfer value " means the sum payable to the Fund in respect of a member out of the fund of the other scheme of which he was a member before becoming a member of the Scheme, or the sum payable out of the Fund in accordance with the Regulations to the fund of the other scheme.
(34) " the Trustees " means the persons for the time being holding office as Trustees under the Regulations.
(35) " Week " means, except where expressly stated otherwise, the standard wages week for the time being in force in the Board, and " weekly " shall be construed accordingly.
(36) " Works Employees " means and includes all employees in the service of the Board other than those employees who have or shall have been classified by the Board as General Employees.
(37) " Year " means the Board's financial year save where expressly defined otherwise and " yearly " shall be construed accordingly.
(38) (a) Words importing the masculine gender include the feminine, and vice versa.
(b) Words importing the singular include the plural, and vice versa.
3 Objects
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paragraphs: The main object of the Scheme shall be the provision of annuities for members on retirement from the employment of the Board at a specified age or on becoming incapacitated through failure of health at some earlier age and the establishment of a Superannuation Fund for the purpose of providing such benefits.
4 Superannuation Fund
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paragraphs: A fund shall be established for the purposes of the Scheme to be known as the Bord na MÃ³na Regular Works Employees Superannuation Fund and the Fund shall consist of :—
(a) The contributions of members.
(b) The contributions of the Board.
(c) Interest, Dividends and other income receivable from the investments or other property of the Fund.
(d) Any other sums which may be paid to the Trustees or the Committee from time to time for the purposes of the Scheme.
5 ..
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paragraphs: All contributions shall be paid to the Trustees. The Trustees shall open a Bank Account in a Bank approved by the Board and all moneys received by the Trustees shall be paid into the said Account. The moneys standing to the credit of the Trustees in the Bank shall from time to time as occasion requires be invested by the Trustees in the joint names of the Trustees save that any investments in stocks or shares may be vested in the name of the nominee company of the Munster and Leinster Bank Ltd., for the Trustees and all property (save such stocks and shares as aforesaid) for the time being representing the Fund shall be vested in the Trustees jointly.
6 ..
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paragraphs: The money comprised in the Fund shall be invested :—
(a) in such securities as may for the time being be authorised by Law for the investment of Trust Funds, or
(b) in loans to the Board in accordance with section 7 of the act.
7 ..
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paragraphs: The Trustees shall keep proper accounts of all receipts and expenditure in properly kept books and they shall present to the Committee and to the Board an annual account made up to the same date as the annual accounts of the Board and such annual accounts shall be audited and certified by the Board's Auditor.
8 Actuary
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paragraphs: The Board shall appoint a duly qualified Actuary to act as Actuary for the purposes of the Scheme. The Board shall have power from time to time to fill any vacancy in the office of Actuary or to remove an Actuary and to appoint another Actuary in his place. It shall be the duty of the Actuary to make an actuarial valuation of the Fund at the end of every five years from the date of the establishment of the Scheme and at such other times as theTrustees, the Board or the Committee may consider desirable and to make a report thereon and to submit a copy of' such report to the Board, to the Committee and to the Trustees. On receipt of the report of the Actuary the Board may consult with the Committee and the Trustees in relation to any matters arising on the report, and they shall have regard to the necessity or desirability of preparing an amending Scheme for submission to the Minister.
9 Rules and Bye-Laws
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paragraphs: In addition to the powers expressly given by the Regulations the Board shall have a general power, from time to time, to make, vary, amend and revoke such Rules or Bye-Laws in relation to any matter as the Board may consider necessary or desirable for the effective administration of the Scheme. Provided that no Rule or Bye-Law shall be made, varied or amended by the Board so as to be inconsistent with the Regulations. Every such Rule and Bye-Law and every amendment, alteration and revocation thereof made by the Board shall come into force and take effect as and when the same has been published, or on such later date as shall be specified therein at the time of publication. The Board shall provide a Notice Board in a prominent place at each Works of the Board, accessible to Works Employees on which all Notices in relation to the Scheme shall be displayed. Every such Rule and Bye-Law and every such amendment, alteration or revocation of a Rule or Bye-Law made by the Board shall be notified to each member in such manner as the Committee may decide to be the most satisfactory and shall be deemed to have been published when copies thereof dated and authenticated by the signature of the Secretary to the Board shall have been posted on the said Notice Boards and served on the Secretary for the information of the Committee and Trustees.
10 ..
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paragraphs: Every member shall be entitled on admission to Membership to be furnished with a copy of the Scheme and of the Rules and Bye-Laws for the time being in force, and a copy of same shall be kept by the Secretary and be available for inspection by any member at all reasonable times.
11 Exercise of Powers
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paragraphs: The powers and duties by these Regulations vested in or imposed on the Board, the Committee, the Trustees and the Secretary shall, unless otherwise stated, be exercisable from time to time as occasion requires.
12 Certificate of Secretary
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paragraphs: A document in writing, certified by the Secretary to the Board, as the ruling or decision of the Board in reference to anymatter relating to the Scheme shall be prima facie evidence thereof. The ruling or decision of the Committee or the Trustees as set out in a document signed by the Secretary shall be prima facie evidence of such ruling or decision.
13 ..
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paragraphs: A notice shall be deemed effectively served on the Committee or the Trustees when served on the Secretary. A Notice may be served by sending same by ordinary post addressed to the person to be served or by delivering same to such person or in such manner as may be prescribed by the Rules or Bye-Laws.
14 Administration of the Scheme
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paragraphs: The Scheme shall be administered by a Committee of six persons, three representing the Board and three, who themselves shall be members, representing the members of the Scheme. The expenses of administering the Scheme and managing the Fund shall be paid by the Board out of its own funds.
15 The Committee
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paragraphs: (1) The members of the first Committee shall be appointed by the Board, the three persons to represent the members of the scheme on the Committee being so appointed from a panel of Regular Works Employees previously nominated in that behalf by the Trade Unions which are representative of such employees. Should the Trade Unions make default in nominating the said panel within twenty one days after being requested in writing so to do, then, the Board shall be at liberty to complete the said Committee by appointing three representatives of the Regular Works Employees. The first Committee shall hold office for such period not exceeding three calendar years from the Appointed Day as may be determined by the Board. The Board shall have power to make Rules or Bye-Laws in the manner prescribed in these Regulations in relation to all or any of the following matters.
(a) The period for which persons so appointed to the Committee or subsequently appointed to the Committee shall hold office.
(b) The qualifications necessary for appointment to the Committee.
(c) The circumstances in which a member of the Committee shall vacate office and the manner in which vacancies shall be filled.
(d) The powers, functions and duties of the Committee in addition to those specified in the Regulations and the exercise of such powers, functions and duties.
(e) The manner of summoning meetings and the procedure at meetings.
(f) The quorum necessary for meetings of the Committee.
(g) Such other matters as the Board may consider necessary or desirable for the effective exercise of its powers and functions by the Committee.
(2) Pending the making of such Rules or Bye-Laws and subject to such (if any), the following provisions shall apply in relation to the Committee :—
(a) One of the members of the Committee nominated by the Board shall be the Chairman of the Committee and as such shall preside at meetings. The Board shall nominate a member of the Committee to preside at meetings in the absence of such Chairman.
(b) All questions at meetings of the Committee shall be determined by a majority of the votes of those present and voting.
(c) The quorum of a meeting of the Committee shall be three members of whom at least one shall be a representative of the Board and at least one shall be a representative of the members of the scheme, and no business shall be transacted at any meeting of the Committee in the absence of a quorum. The continuing members may act notwithstanding a vacancy by reason of death, resignation or otherwise, provided a quorum is present at a meeting.
(d) Casual vacancies occurring in the membership of the Committee shall be filled by the remaining members of the Committee co-opting a person representative of the Board or a person representative of the members as the case may require, and any such person shall hold office on the same conditions as the person in whose place he was co-opted.
(e) In the event of an equality of votes the Chairman shall have a second or casting vote.
(f) It shall be the duty of the Committee to keep a Register of members in which shall be entered the name, date of birth, and date of admission of each person to membership of the Scheme.
(g) It shall be the duty of the Secretary to summon a meeting of the Committee when so requested by the Chairman or by any three members of the Committee, or by the Trustees, or by the Board.
(h) Unless otherwise determined by the Committee at least three days previous notice of meeting shall be given to every member of the Committee.
16 Secretary
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paragraphs: (1) It shall be the duty of the Board as soon as the Scheme comes into force to appoint a Secretary to carry out the duties imposed by the Regulations on the Secretary and such other duties in relation to the Scheme as may from time to time be prescribed by the Board. The Board may from time to time remove the person so appointed and appoint another in his place and may appoint a person to act temporarily in the absence of the Secretary.
(2) The Secretary shall act as Secretary to the Committee and to the Trustees and shall keep Minutes of their respective proceedings. He shall have custody of the Register of members and make such entries therein as may be authorised from time to time by the Committee.
17 Trustees
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paragraphs: (1) There shall be four Trustees. Each Trustee shall be appointed and may be removed by the Board. Any such appointment shall be by deed executed by the Board and by the Trustees. Any such removal shall be by Deed executed by the Board. The Deed shall specify how and when a Trustee may be disqualified or cease to hold office and when a new Trustee is to be appointed by the Board. The Trustees so appointed shall be the Trustees of the Scheme and shall carry out the duties imposed upon them by the Regulations. They shall exercise their powers and functions in such manner as may be prescribed by the Deed of Appointment or by Rules or Bye-Laws made from time to time by the Board.
(2) The Trustees shall cause Minutes to be kept of their meetings and proceedings, and questions arising at meeting shall be determined by a majority of votes. The Trustees may elect one of the Trustees to be Chairman who shall preside at meetings and in the event of an equality of votes the Chairman shall have a second or casting vote. The quorum for a meeting of the Trustees shall be three and no business shall be transacted in the absence of a quorum. The continuing Trustees may act notwithstanding a vacancy in the office of Trustees provided a quorum is present.
(3) If, and when, a Trustee by reasons of a temporary illness, absence from the country, or other reasons, is unable to attendmeetings of the Trustees the Board may appoint a person to act as a Trustee during such temporary absence. Such substitute Trustee while acting shall be entitled to notice of, and to attend meetings of the Trustees, and to vote thereat but no investment shall be made in the name of a substitute Trustee.
18 Membership
18 (1) Every person in the continuous whole-time employment of the Board (other than a General Employee) who is designated by the Board as a Regular Works Employee shall be eligible for admission to membership of the Scheme provided that :—
(a) he has completed at least one year's whole-time service, and
(b) he has attained the age of 18 years; and
(c) he is not over 55 years of age.
(2) Notwithstanding the terms of paragraph (1) (c) of this Regulation or anything contained elsewhere in the Regulations the following provisions shall apply :—
(a) A person in the service of the Board on the Appointed Day who applies within the period prescribed by Regulation 19 (3) to join the scheme, and who is otherwise eligible to join, shall be admitted to membership, provided he has attained the age of 18 years and has not attained the age of 65 years. Any person who is precluded from so applying solely because of his temporary absence from the employment during the whole or part of the prescribed period as aforesaid shall nevertheless be admitted as a member if, being eligible on the grounds of age as specified herein, and otherwise eligible, he applies for admission as required by Regulation 19 (3) of these Regulations.
(b) A person in the employment of the Board on the Appointed Day who is aged 65 years or upwards and who is not eligible by reason of his age for admission to membership of the scheme but who is qualified for membership in all other respects shall nevertheless be deemed to be so eligible, if by deducting the period of his prior service from his actual age as on the Appointed Day he would be under 65 years of age.
(c) The following provisions shall apply in the case of a person admitted to membership under the terms of paragraph (2) (b) of these Regulations :—
(i) Such person shall be deemed to have retired from the service as from the Appointed Day as if he had then reached the prescribed age limit of 65 years, and he will participate accordingly in the benefits provided under the Regulations.
(ii) Contributions shall not be payable by or on behalf of such person.