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Statute CVIII.
Irish Universities Act, 1908
University College, Cork
We, the Governing Body of University College, Cork, under
and by virtue of the powers in that behalf conferred on us by
the said Act, Do by this present instrument under the Seal
of University College, Cork, make the Statute contained in
the Schedule hereof for the general government of the said
College.
Given under the Common Seal of University College, Cork, this twenty-third day of March, 1976.
Present when the Common Seal of University College, Cork,
was affixed:
- (Signed)
- M. D. McCARTHY, President.
- JOHN P. TEEGAN, Governor.
- J. C. DEASY, Deputy Finance Officer and Secretary.
Statute CVIII.
Schedule
Statutes I. to CVII. of University College, Cork shall be read and
construed with the additions, modifications and amendments hereinafter set forth.
CHAPTER I.
Increased Stipends
- The annual stipends, the annual value for pension purposes of
residence, fuel and light perquisites, and the value of the non-
pensionable expense allowance set forth in Statute CVII., Chapter I.,
shall, as from 1 March, 1976, be increased by 2.8 per cent.
CHAPTER II.
Professorship of the History of Political Ideas
- There shall be established in the College, in the event of its
institution by the National University of Ireland, a Professorship of
the History of Political Ideas.
- The said Professorship shall be a part-time, non-pensionable
office. The stipend of such part-time Professorship shall be £1,555
per annum.
- The said Professorship may, at the discretion of the Governing
Body, be held by the present holder of the Lectureship in Modern
History in conjunction with that office.
- The said Professorship shall be abolished when the first holder
thereof ceases by resignation or otherwise to hold said professorship.
- The said professorship shall be tenable for the same term and
upon the same conditions and the holder thereof shall be subject to
the same duties and obligations as if the said professorship had been
included in Statutes I. to CVII. of University College, Cork.
- The History of Political Ideas shall be deemed to be included
in the Department of Modern History under the general direction of
the Professor of Modern History.
CHAPTER III.
Pension Provisions
- Statute LXXIX., Chapter I., section 2, is hereby amended by
the addition thereto of the following:
"Provided that a participant who opts for the provisions of the
Contributory Widows and Children's Pension Plan or to
whom the said Plan automatically applies shall be required
to make the contribution set out in said Plan".
- Statute LXXIX., Chapter 1., section 3, is hereby amended by
the addition of the following sub-section:
"(c) Notwithstanding the provisions of sub-sections (a) and
(b) of this section, the cost of any increases in pension granted
to retired participants or to the widows of retired participants
after 1 October, 1974, or after date of retirement or death
occurring after that date, shall, in the case of pensions payable
out of the General Pension Fund, be payable out of the general
funds of the College, and, in the case of pensions payable out
of the Dairy Science Pension Fund, be payable out of the
funds of the Faculty of Dairy Science of the College".
- Statute LXXIX., Chapter I., section 5, as already amended is
hereby further amended by the addition of the words "or of posts
which may become pensionable" after the words "pensionable
appointments" where they occur twice in said section.
- Statute LXXIX., Chapter 1., section 14, is hereby amended
by the addition of the following:
"The provisions of this section shall not apply to a participant
or retired participant who is entitled to receive benefits under
the provisions of the Contributory Widows and Childrens
Pension Plan".
- Statute LXXIX., Chapter I., section 15, and Clause 19 of the
Pension Scheme annexed to said Statute are hereby revoked and
replaced by the following:
"15. (a) The College having by Order dated 29 November,
1967, of the Minister for Finance been designated an
approved organisation under the Superannuation and
Pensions Act, 1963, the Governing Body may make such
arrangements with regard to the transfer or recognition of
pensionable service and to the making or accepting of
contributions as are provided for in section 4 of said Act in the
case of a participant transferred to a pensionable post in the
Civil Service or in another approved organisation or in the case of a new participant who has previously held a pensionable post in the Civil Service or in an other approved organisation.
(b) Subject to the approval of the Minister for Local Government, the Governing Body may make arrangements with
regard to the transfer or recognition of pensionable service
and to the making or accepting of contributions under the
terms of the Local Government (Superannuation) Act, 1956,
in the case of a participant transferred to a post which is
pensionable under the terms of said Act or in the case of a new
participant who has previously held a post which is pension-
able under the terms of said Act.
(c) The Governing Body may make arrangements with regard
to the transfer or recognition of pensionable service and to the
making or accepting of contributions in the case of a participant, to whom the terms of sub-sections (a) and (b) of this
section do not apply, and who transfers to or from an
employment which provides pension rights such that they
and the pension rights provided by Statute LXXIX., as
amended, are reciprocal generally.
(d) In calculating any contribution which the Governing
Body may make to another organisation under the terms of
sub-sections (a), (b) and (c) of this section, account shall not
be taken of any years added to pensionable service which
exceed one-quarter of the years of actual service rendered by
the participant to the College.
(e) Notwithstanding the provisions of sub-sections (a), (b)
and (c) of this section, the Governing Body shall not make a
contribution, in respect of pensionable service in the College
in the case of a participant who transfers to another employment, unless his pensionable service in the College has
consisted of a continuous period of at least three years".
- The Pension Scheme established by and annexed to Statute
LXXIX., as already attended is hereby further amended as provided
in sections 7 to 15 of this Chapter.
- Clause 1. (b) is hereby amended by the deletion therefrom of the
words "who have attained the age of twenty-one years".
- Clause 1. is hereby amended by the addition of the following
paragraph:
"(d) Notwithstanding the provisions of paragraphs (a) and (b)
of this Clause, participation in the Scheme may be offered to
the holder of a temporary full-time post, who had failed to
furnish evidence of health satisfactory to the Committee but
who had held such temporary post in a manner satisfactory
to the Governing Body for at least ten years, provided that such
participation shall be on such conditions as the Governing
Body shall determine; the Governing Body may also grant
any such participation on the basis that certain of the
benefits of the Scheme shall not apply to such a participant".
- (i) The first sentence of Clause 8 shall be replaced by the
following:
"8. Power to Review Pensions (a) Notwithstanding anything
contained herein, the Governing Body shall, subject to the
provisions of paragraph (c) of this Clause, once each year
review the pensions payable to retired participants or to
widows of former participants or in respect of the children
of former participants. The basis on which any such review
shall be made shall be that the relativity of a pension to the
salary as on 1 July in each year, attaching to the post on
which it was calculated shall be maintained; any increase
awarded as a result of such review shall be payable as from
the said 1 July. Should a pensionable post be abolished
after the retirement or death of the holder, the relativity
referred to shall be established and maintained as on
1 July in each year with a post or group of posts the salary
of which equated to or related to that of the office held by
the retired or deceased participant. In any pension review,
no account shall be taken of an increase granted to the
present holder of a post which is stated to be in consequence
of a re-appraisal of the duties and responsibilities of the
said post".
- (ii) Clause 8, as thus amended, shall be further amended by the
addition thereto of the following paragraphs:
- (b) The provisions of paragraphs (a) of this Clause shall also
apply to those who have retired from College employment
and who are in receipt of insured benefits under the terms
of Clause 20.
- (c) The provisions of paragraph (a) of this Clause shall be
amended by statute in the event of any alteration occurring
in the method of reviewing the pensions payable to Civil
Servants and the amendment shall provide for such revised
method of reviewing pensions also to apply to the review of
pensions payable to retired participants and to the widows
of former participants and in respect of the children of
former participants.
- (d) The provisions of paragraphs (a), (b) and (c) of this
Clause shall have effect as from 2 September, 1975.
- Clause 13 is hereby amended by the addition thereto of the
following:
"In the case of a participant who has been granted a period of
leave of absence on a full-time or part-time basis, in
accordance with the provisions of Statute CIII., Chapter IV.,
the Governing Body may, in its absolute discretion, determine that such period of leave shall be reckonable in full or in
part as pensionable service. Any one period of such leave
which the Governing Body shall deem to be reckonable
pensionable service shall not exceed one year".
- Clause 15. is hereby deleted and replaced by the following:
"15. The participant's annual pension shall be an annual sum
equivalent to one-sixtieth of his final salary multiplied by the
number of years and fraction of a year of his pensionable
service subject to a maximum of forty years. Should, however,
a participant so wish he may elect to receive a lump sum on
retirement equal to three-eightieths of his final salary
multiplied by the number of years and fraction of a year of
pensionable service subject to a maximum of forty years.
The exercise of this option shall be irrevocable and the
participant's annual pension will then be calculated as one
eightieth of his final salary multiplied by the number of years
and fraction of a year of pensionable service subject to a
maximum of forty years".
- Clause 17. is hereby deleted and replaced by the following:
- "17. (a) A participant who is incapable of discharging his
duties by reason of infirmity of mind or body and whose
incapacity supported by medical evidence is, in the opinion
of the Committee, likely to be permanent, must retire and on
so retiring will be entitled to a pension calculated in accordance with Clause 15.
- (b) When calculating the number of years of pensionable
service of a participant who has completed five years of
pensionable service and who is required to retire in accordance with the provisions of paragraph (a) of this Clause,
his pensionable service shall be enhanced as follows:
- (i) a participant with between five and ten years of actual
reckonable service at retirement shall be allowed an
equivalent amount of added service, such amount of
added service, not to exceed the difference between the
Participant's age at retirement and age sixty-five.
- (ii) a participant with between ten and twenty years of
actual reckonable service at retirement shall be allowed
the more favourable of: (1) an amount of service equal
to the difference between actual reckonable service and
twenty years, the added service not to exceed the
difference between the participant's age at retirement
and age sixty-five. (2) Six years and two hundred and
forty-three days, the added service not to exceed the
difference between the participant's age at retirement
and age sixty, provided that this provision shall not
apply to a participant whose age exceeds sixty years at
retirement.
- (iii) a participant with more than twenty years of actual
reckonable service at retirement will be allowed to add
whichever is the lesser of six years and two hundred
and forty-three days and the difference between his age
at retirement and age sixty, provided that this provision shall not apply to a participant whose age exceeds
sixty years at retirement.
- (c) Any added years allowed under the provisions of this
Clause shall be alternative to and not in addition to any
added years to which the participant may be entitled in
accordance with the terms of Statute LXXIX., section 8. (a).
- (d) Should the health of a participant, who has retired in
accordance with the provisions of paragraph (a) of this
Clause, improve or should he become capable of undertaking
remunerative employment, the Governing Body may, at its
absolute discretion, withdraw, suspend or reduce the amount
of pension payable.
- Clauses 21. and 22. are hereby deleted and replaced by the
following:
"21. The widow of a participant who dies before retirement
shall be entitled to one-half of the annual pension to which the
participant would have been entitled had he been eligible to
retire at the date of his death.
22. The widow of a retired participant shall be entitled to
one-half of the annual pension which such retired participant
had at the date of death".
- Clauses 24. and 25. are hereby amended by the addition of the
words "and fraction of a year" after the words "number of years"
where they occur in said Clauses.
- The provisions of the Contributory Widows and Childrens
Pension Plan referred to in the foregoing sections are set out in
Chapter IV. of this Statute.
CHAPTER IV.
Contributory Widows and Childrens Pension Plan
- The Contributory Widows and Childrens Pension Plan
(hereinafter referred to as the Plan) shall be deemed to be part of the
Pension Scheme established by and annexed to Statute LXXIX., as
amended, but the benefits of the Plan shall apply only to the participants referred to in section 2 of this Chapter.
- The participants to whom the Plan applies shall be:
- (a) the male participants as on 31 December, 1976, who
renounce in writing on or before a date to he determined by
the Governing Body, all their rights under sections B and C
(Clauses 21. to 31.) of the pension Scheme.
- (b) those who become male participants after 31 December,
1976, to whom the benefits provided in Sections B and C
(Clauses 21. to 31.) of the Pension Scheme shall not apply.
- (a) The widow of a participant who dies before retirement shall
be entitled to an annual pension equivalent to the lesser of:
- (i) One one-hundred-and-sixtieth of the participant's
final salary multiplied by the number of years and
fraction of a year of pensionable service the participant
would have had had he held the pensionable post until
he had attained the age of sixty-five years;
or
- (ii) one quarter of the participant's final salary;
- (b) The entitlement to the pension specified in sub-section (a) of
this section shall commence one month from the date of death of the
participant. In respect of the period between date of death and the
date of commencement of pension, the widow shall receive a payment
equivalent to one-twelfth of the final salary of the participant, which
payment shall be deemed to include any Childrens pensions otherwise
payable under section 8. (a) of this Chapter.
- (a) The widow of a retired participant shall be entitled to an
annual pension equivalent to the lesser of:
- one one-hundred-and-sixtieth of the salary by reference
to which the rate of pension payable to the participant
at the date of his death was calculated, multiplied by the
number of years and fraction of a year of the parti-
cipant's pensionable service;
or
- one quarter of such salary.
- (b) The entitlement to the pension specified in sub-section (a) of
this section shall commence one month from the date of death of the
retired participant. In respect of the period between date of death and
the date of commencement of pension, the widow shall receive
one-sixth of such annual pension which shall be deemed to include
any Childrens Pension otherwise payable under section 8.(a) of this
Chapter.
- Notwithstanding the provisions of section 4. (a) of this Chapter,
the widow of a retired participant who has retired on grounds of
incapacity by reason of infirmity of mind or body and who was in
receipt of a pension based on reckonable pensionable service of less
than forty years, shall receive a pension equivalent to the lesser of
- one one-hundred-and-sixtieth of the salary by reference
to which the rate of pension payable to the participant
at the date of his death was calculated, multiplied by the
number of years and fraction of a year in the aggregate of
- (i) the pensionable service by reference to which the
pension of the participant was calculated, less any
service added under the provisions of Clause 17
as amended, of the pension Scheme established by
and annexed to Statute LXXIX.,
and
- (ii) a period of service equivalent to the period between
the date on which the participant retired and the
date on which he attained (or would have attained)
the age of sixty-five years.
or
- one quarter of such salary.
- For the purposes of sections 7, 8 and 9 of this Chapter, "child"
means a child of the participant born or conceived before the participant's retirement. It also means a child legally adopted by a participant who dies before retirement or, in the case of a retired participant, a child legally adopted by him prior to his retirement.
Provided the child is under sixteen years of age or, if pursuing a
full-time course of education, is under twenty-one years of age.
- A pension payable in respect of a child may be continued as
long as the child is permanently incapacitated, by reason of mental or
physical infirmity, from maintaining himself.
- (a) The amount of pension payable to a widow in respect of each
child, subject to a maximum of three children, shall be the equivalent
of one-third of the pension payable to the widow, under the provisions of section 3.(a) or 4. (a) of this Chapter.
- (b) The amount of pension payable in respect of children, where
there is no widow, shall be an amount equal to two-thirds of the
pension which would have been payable to the widow, under the
provision of section 3. (a) or 4. (a) of this Chapter, had she lived, in
respect of the first child, and one-third of the same pension in respect
of the second child. Pensions under this sub-section shall be payable
to such person as the Committee shall determine.
- (c) The pensions payable under this section shall be for the
benefit of all the children of a participant or retired participant.
- (a) Payment to a widow of a pension in respect of herself and of
any children shall cease on her remarriage but may, at the discretion
of the Governing Body, be restored on subsequent widowhood or if
compassionate grounds for doing so subsequently arise; it shall also
cease on cohabitation.
- (b) Notwithstanding the provisions of sub-section (a) of this
section, where the widow is still living but her pension has ceased
arising out of the terms of said sub-section, any pension payable in
respect of a child may be continued at the discretion of the Governing
Body and paid on behalf of the child to such person as the Committee
may designate.
- (c) Where the widow is still living but either her pension has
ceased in accordance with sub-section (a) but the pension in respect of
a child is being continued or the child at the time of the death of the
participant is in the care of some person other than the widow, the
Governing Body may at is discretion increase the pension in respect of
that child to the pension provided in section 8.(b).
- (a) Should a participant die before retirement his widow shall be
granted a death gratuity equal to three-eightieths of his final salary
multiplied by the number of years and fraction of a year of pension-
able service, subject to a minimum gratuity of one year's final salary
and to a maximum gratuity of one and a half year's final salary. If
there is no widow, the death gratuity shall be payable to the legal
personal representative of the participant.
- (b) Should a retired participant, who has been granted a pension
or a pension and lump sum, die and the total received and receivable
by him on foot of the pension and lump sum, if any, is less than the
gratuity which would have been granted to his widow or to his legal
personal representative if he had died on the date of his retirement,
his widow or legal personal representative shall receive a gratuity
equal to the deficiency.
- (a) The following contributions shall be payable by or on behalf
of the participants in the Plan:
- (i) a deduction of one and a half per cent from salary with
effect from date of employment or of entry to the Plan,
and
- (ii) a deduction of one per cent of the final salary at retirement or death from the lump sum or gratuity payable
on retirement or death in respect of each year of
pensionable service reckonable under this Plan
(whether it is pensionable service given prior to entry
to the plan or service added in accordance with the
provisions of Statute LXXIX., Chapter I., section 8, or
notional service granted under the terms of this Plan in
respect of the period between the date of death in
service, or the date of retirement on grounds of
incapacity, and the date on which the participant
would have attained the age of sixty-five years)
provided that where the contributions are made under
this paragraph and under paragraph (i) they shall not
be made for a period in excess of forty years. Where the
difference between total reckonable service and the
service in respect of which contributions were paid
under the provisions of paragraph (i) is not an exact
number of completed years, a contribution shall be
payable in respect of the fraction of a year on a pro rota
basis. Should there be no lump sum payable on retirement, the deduction will be made by an appropriate
computation of the annual pension payable to the
participant, the calculation of such computation to be
determined by the Committee. The provisions of this
paragraph shall also apply to any perquisites such are
reckonable as "salary" in accordance with Clause 4. of
the Pension Scheme.
- (b) The rates of contribution referred to in sub-section (a) are
subject to increases should an actuarial investigation show that they
are insufficient to meet one-half of the cost of the Plan, exclusive of
the cost of death gratuities provided in accordance with section 10 of
this Chapter.
- (c) Contributions are payable in respect of all periods of reckonable pensionable service. If contributions are paid for a period greater
than forty years, the contributions for the years preceeding the last
forty years will be refunded to the participant on retirement or to his
legal personal representative on his death.
- (d) Should the wife of a participant die, the contribution paid
between the period from the date of his wife's death and the date of
retirement will be refunded subject to the deduction from the refund
of any contribution payable in respect of the period of pensionable
service prior to entry to the Plan; this provision will not apply should
the participant remarry before retirement.
- (e) Should a participant be unmarried or a widower on entry to
the Plan and does not marry prior to retirement, the whole of his
contribution will be refunded to him on retirement or to his legal
personal representative on his death.
- (f) Should a participant leave the service of the College without
pension and the provisions of Clause 15 of the Scheme and Chapter V.
of this Statute do not apply, he shall receive a refund of contributions
provided his wife is alive at the date of leaving. Should the wife of such
a participant have died before he left the service of the College, he shall
receive a refund of contributions in respect of the period between the
date of death of his wife and the date of heaving subject to a deduction
of any contributions due in respect of a period of service prior to his
entry to the Plan.
- (g) Any refund of contributions will be subject to such deductions
in respect of Income Tax as may be determined by the Revenue
Commissioners.
- Notwithstanding the provisions of section 11(d) of this
Chapter, the child or children of a participant whose wife dies between
the date on which deductions under section 11(a) (i) commenced,
and the date of his retirement will continue to be eligible for the
payment of pension.
- Pensions shall not be payable in respect of the widow of a
participant who marries or remarries after retirement or to a child
conceived after retirement.
CHAPTER V.
Preservation of Pensions
- A participant, having at least five years' pensionable service,
who leaves the service of the College, other than by reason of dismissal for misconduct or dereliction of duty, and to whom the provisions of Clause 15 of the Scheme do not apply, may, at the absolute
discretion of the Governing Body, be entitled to receive a pension at
the age of sixty-five years or at date of retirement, whichever is the
later. Should a former participant be retired from a subsequent
employment by reason of incapacity of mind or body before having
attained the age of sixty-five years and the Committee determine that
his incapacity would have caused his retirement had he been in the
employment of the College the pension may be payable from the date
of his retirement.
- The amount of deferred pension shall be based on actual
pensionable service as at the date of leaving and on the final salary as
on the same date subject to the salary being increased in accordance
with the general salary increases applicable to the post held by the
former participant between date of leaving and date of retirement or,
if later, the date on which he attains sixty-five years of age and shall be
calculated in accordance with Clause 15. of the Pension Scheme.
- A participant to whom the provisions of this Chapter apply
may, on rejoining the employment of the College, forego his entitlement to a deferred pension whereupon his previous service will be
added to his subsequent service for pension purposes.
- Any service in respect of which a gratuity or pension or other
remuneration has already been awarded shall not be taken into
account in calculating the amount of a deferred pension.
- (a) A deferred pension and death gratuity may also be payable
in respect of the widow and children of a former participant to whom
the provisions of this Chapter have been applied, provided that a
pension and death gratuity in accordance with the provisions of the
Scheme would have been payable had the former participant retired
from the service of the College or had died while in the service of the
College.
- (b) The amount of any such deferred pension or death gratuity
shall be based on actual pensionable service as at the date of leaving
and on the final salary as on the same date subject to the salary being
increased in accordance with the general increases applicable to the
post held by the former participant between the date of leaving and
the date of death.
- (c) The amount of a deferred pension payable in respect of a
widow shall be a pension equivalent to the lesser of
- (i) one one-hundred-and-sixtieth of the final salary referred
to in sub-section (b) of this section multiplied by the
number of years and fraction of a year of actual
pensionable service ;
or
- (ii) one-quarter of such salary.
- (d) The amount of a deferred pension payable in respect of a
child shall be calculated in accordance with the provisions of
Chapter IV., section 8, of this Statute, provided that the terms of the
Widows and Childrens Contributory Pension Plan apply to the
former participant; in a case where the provision of Clause 31. of the
Pension Scheme applies to the former participant, the amount of
deferred service shall be calculated in accordance with said Clause.
- (e) The amount of a deferred death gratuity shall be equal to
three-eightieths of the final salary, referred to in sub-section (b) of this
section, multiplied by the number of years and fraction of a year of
actual pensionable service.
- In no case of a deferred pension or deferred death gratuity will
added years or enhanced service of any type be taken into account in
calculating the amount of such deferred pension or death gratuity.
- The provisions of this Chapter shall apply only in the case of
a participant who leaves the service of the College on or after the date
of coming into operation of this Statute.
CHAPTER VI.
Officers of Residence
Statute LXXIX., Chapter I., section 7. (a) vii. is hereby deleted.
Statute XXVII., Chapter II., as already amended, is hereby
further amended by the addition to the Faculty of Arts of the subject
History of Political Ideas.
- This Statute shall be construed with and as part of Statutes I.
to CVII. of University College, Cork and may be cited as Statute
CVIII. of University College, Cork or Stat CVIII. of Univ. Coll.
Cork.
- This Statute shall come into operation on the twenty-third
day of March, 1976.
Present when the Common Seal of University College, Cork,
was affixed.
- (Signed)
- M. D. McCARTHY, President.
- JOHN P. TEEGAN, Governor.
- J. C. BARRY, Deputy Finance Officer and Secretary.