CÃ³ras Iompair Ãireann (Members) Superannuation Scheme, 1960.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: This Scheme may be cited as the CÃ³ras Iompair Ãireann (Members) Superannuation Scheme, 1960.
2 Definitions.
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paragraphs: In this Scheme—
"the Board" means CÃ³ras Iompair Ãireann;
"the Minister" means the Minister for Transport and Power.
3 Application of Scheme.
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paragraphs: This Scheme applies to persons who are whole-time members of the Board.
4 Pensionable service.
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paragraphs: —(1) For the purposes of this Scheme, pensionable service means whole-time service (given by a person who, on the date of the making of this Scheme, is a whole-time member of the Board) in each of the following capacities:
(a) as an employee of the Irish Tourist Association,
(b) as an employee of the Electricity Supply Board,
(c) as a civil servant,
(d) as a member of the former Turf Development Board, Limited,
(e) as a member of Bord na MÃ³na, and
(f) as a member of the Board.
(2) Whole-time service in the capacities referred to in paragraph (1) of this Article shall, where whole-time service in each such capacity, except the capacity referred to in subparagraph (f) of that paragraph, is followed immediately by whole-time service in the capacity next referred to in that paragraph, be regarded, for the purposes of this Scheme, as continuous pensionable service.
(3) Where a person to whom this Scheme applies attains the age of sixty-five years before the expiration of his period of office, service subsequent to the date on which he attains that age shall not be regarded as pensionable service for the purposes of this Scheme, save so much, if any (not exceeding three months) of such service as would give him an additional completed year's pensionable service.
5 Retiring salary.
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paragraphs: For the purposes of this Scheme, the retiring salary of a person to whom this Scheme applies shall be taken to be his average yearly salary during the last three years of his pensionable service prior to the date upon which he ceases to be a whole-time member of the Board.
6 Eligibility for pension and gratuity.
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paragraphs: Where a person to whom this Scheme applies ceases to be a member of the Board—
(a) by operation of law or by reason of his removal from office other than for stated misconduct or incapacity, or
(b) by expiration of his period of office, except where the Minister certifies that he would have been re-appointed but for stated misconduct or incapacity or that he refused re-appointment, or
(c) by resignation during his period of office either after he has attained the age of sixty years or on account of ill-health before attaining that age,
he shall, subject to the provisions of this Scheme, be paid by the Board a pension for his life calculated in accordance with paragraph (l) of Article 7 of this Scheme and a gratuity calculated in accordance with paragraph (2) of that Article if, on the date that he so ceases to be a member of the Board, he had pensionable service, whether continuous or discontinuous amounting in the aggregate to not less than ten years and including one period of continuous pensionable service of not less than five years.
7 Rate of pension and amount of gratuity.
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paragraphs: —(1) A pension payable to a person under Article 6 of this Scheme shall be of an amount per annum calculated at the rate of one-eightieth of his retiring salary for each completed year of pensionable service subject to a maximum of one-half of his retiring salary.
(2) A gratuity payable to a person under Article 6 of this Scheme shall be of an amount equal to one-thirtieth of his retiring salary for each completed year of pensionable service subject to a maximum of an amount equal to one and one half times his retiring salary.
8 Death gratuities.
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paragraphs: —(1) If a person to whom this Scheme applies dies during his period of office and would, if he had retired on the day of his death, be entitled to a pension under this Scheme, his legal personal representative shall be paid by the Board a gratuity of whichever of the following amounts is the greater:
(a) an amount equal to the person's retiring salary, or
(b) an amount equal to the amount of the gratuity which would have been payable to the person under this Scheme if, on the day of his death, he had resigned on account of ill-health.
(2) Where a person to whom a pension is payable under this Scheme dies and the amount of the pension and gratuity paid to him on the date of his death is less than his retiring salary, his legal personal representative shall be paid by the Board a gratuity of such an amount as would when added to the amount of the pension and gratuity paid to him equal his retiring salary.
9 Assignments.
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paragraphs: —(1) A pension under this Scheme shall not be capable of being assigned or charged.
(2) Where a person to whom a pension is payable under this Scheme becomes incapable of giving a receipt for payments due, those payments may, at the discretion of the Board, be paid to any institution taking care of him or to such persons as the Board thinks fit.
10 Suspension and reduction of pension.
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paragraphs: —(1) Whenever a person to whom a pension is payable under this Scheme holds a post remunerated out of moneys provided by the Oireachtas or out of the Central Fund or by a local authority or by any board or body established by or under any SaorstÃ¡t Ãireann statute or Act of the Oireachtas or jointly by two or more of the above-mentioned, then—
(a) the pension shall not be payable during any period for which the yearly rate of the person's remuneration in such post equals or exceeds his retiring salary,
(b) if, for any period, being a period for which the person's remuneration in such post is less than that salary, the sum of the pension and remuneration equals or exceeds that salary, the pension shall, for such period, be reduced by the amount of the excess.
(2) If a person to whom a pension is payable under this Scheme is eligible to receive a pension (in this paragraph referred to as the second pension) in respect of service in a post referred to in paragraph (1) of this Article, then—
(a) the pension shall not be payable for any period during which the amount of the second pension equals or exceeds one-half of the person's retiring salary;
(b) if, for any period, the second pension is less than one-half of that salary, the pension shall, for such period, be reduced to an amount equal to the amount of the deficiency.
11 Cesser and reduction of gratuity and reduction of pension.
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paragraphs: Whenever a person to whom a pension and gratuity are payable under this Scheme becomes entitled to compensation (other than under this Scheme) for loss of office by reason of his ceasing to hold office as a whole-time member of the Board—
(a) the gratuity payable to him shall—
(i) where the amount of the compensation is less than the amount of the gratuity, be reduced by the amount of the compensation,
(ii) where the amount of the compensation equals or exceeds the amount of the gratuity, cease to be payable;
and
(b) the pension payable to him shall, where the amount of the compensation exceeds the amount of the gratuity, be reduced by such amount as is, in the opinion of the Minister for Finance, actuarially equivalent to the difference.
12 Disputes.
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paragraphs: If any dispute arises as to the claim of any person to, or the amount of, any pension or gratuity payable in pursuance of this Scheme, the dispute shall be submitted to the Minister who shall refer it to the Minister for Finance whose decision thereon shall be final.