S.I. No. 261/2004 - Córas Iompair Éireann Superannuation Scheme 1951 (Amendment) Scheme (Confirmation) (No. 2) Order 2004

1. This Order may be cited as the Córas Iompair Éireann Superannuation Scheme 1951 (Amendment) Scheme (Confirmation) (No. 2) Order 2004.

2. In this amending scheme unless otherwise expressly stated the words and expressions used shall have the meanings assigned to them by the existing Scheme.

3. Continuance of the existing Scheme

(1) Subject as hereinafter specifically provided the benefits provided by the existing Scheme shall continue to be paid or be payable under and in accordance with the terms thereof and without alteration to every existing pensioner whose pension commenced prior to the operative date and to the personal representative of any deceased pensioner or member if the deceased's pension commenced or death occurred prior to the operative date.

(2) Subject as hereinafter specifically provided nothing in this amending Scheme shall affect the rights of any of the persons mentioned in the preceding sub-article, nor shall this amending Scheme affect any subsisting right or liability accrued to or in respect of, or incurred under the existing Scheme by, any person who retired from or left the service of the Board or died prior to the operative date.

4. Amendment of the Existing Scheme

Subject to the provisions of Article 3 of this amending Scheme, the existing Scheme shall be amended with effect on and from the operative date so as to conform to the provisions hereinafter contained and every provision of the existing Scheme which is inconsistent with the provisions hereinafter contained shall cease to have effect.

5. Rule 30 (adopted by

S.I. No. 353 of 1951

) shall be deleted and replaced with the following new Rule

“30. Complaints concerning the Scheme and Claims on the Fund

(1) Subject to sub-Article (2), no person whether as a member or otherwise shall have any claim, right or interest upon, to or in respect of the Fund or any contributions thereto, or any claim upon or against the Committee or the Trustees except under or in accordance with the provisions of the Scheme.

(2) The Committee shall, in handling any complaint made by, or dispute concerning, an actual or potential beneficiary of the Scheme comply with the requirements and procedures for the handling of such complaints and disputes in accordance with Part XI of the Pensions Act and in accordance with the Pensions Ombudsman Regulations.”

GIVEN under my Official Seal, this 1st day of June, 2004.

SÉAMUS BRENNAN,

Minister for Transport.

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 amend the 1951 Scheme insofar as it refers to Complaints concerning the Scheme and claims on the Fund.

I, SÉAMUS BRENNAN, Minister for Transport, in exercise of the powers conferred on me by

section 44

of the

Transport Act 1950

(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