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Statute LXXXV.

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 first day of December, 1970.

Present when the Common Seal of University College, Cork, was affixed:

(Signed)
M. D. McCARTHY, President.
TADHG Ó CIARDHA, Governor.
D. L. WHYTE, Secretary.

Statute LXXXV.

Schedule

Statutes I. to LXXXIV. of University College, Cork shall be read and construed with the additions, modifications and amendments hereinafter set forth.

CHAPTER I.
Pension Scheme

The Pension Scheme established by and annexed to Statute LXXIX., as already amended, is hereby further amended as follows:

  1. Review of Pensions: The provisions for the review of pensions as contained in Clause 8 of the Pension Scheme are hereby revoked and in lieu thereof the provisions set out in the Appendix hereto shall apply. [This paragraph is disallowed]
  2. Pensionable Service: The provisions for the reckoning of pensionable service as contained in Clause 13 of the Scheme are hereby revoked and in lieu thereof the provisions set out in the Appendix hereto shall apply.
  3. Lump Sum: The provisions for the calculation of a pension as contained in Clause 15 of the Scheme are hereby revoked and in lieu thereof the provisions set out in the Appendix hereto shall apply. [This paragraph is disallowed]
  4. Retirement due to incapacity: The provisions relating to the retirement of a participant on grounds of incapacity as contained in Clause 17 of the Scheme are hereby revoked and in lieu thereof the provisions set out in the Appendix hereto shall apply. [This paragraph is disallowed]
  5. Early Retirement: The provisions relating to the voluntary retirement of a participant at any time within five years of the retirement age of the post he holds as contained in Clause 18 of the Scheme are hereby revoked and in lieu thereof the provisions set out in the Appendix hereto shall apply. [This paragraph is disallowed]
  6. Gratuity on death before retirement: The Provisions for the payment of a gratuity on the death of a participant before retirement as contained in Clause 24 of the Scheme are hereby revoked and in lieu thereof the provisions set out in the Appendix hereto shall apply. [This paragraph is disallowed]
  7. Gratuity on death after retirement: The provisions for the payments of a gratuity on the death of a participant after retirement as contained in Clause 25 of the Scheme shall not apply to a participant who retires after the coming into operation of this statute. [This paragraph is disallowed]

CHAPTER II.
Lectureship in Ophthalmology
Lectureship in Otorhinolaryngology

  1. The lectureships established by this Chapter shall be tenable for the same term and upon the same conditions and the holders thereof shall be subject to the same duties and obligations as if the said lectureships had been included in Statutes I. to LXXXIV. of University College, Cork.
  2. Sections 1 and 2 of Chapter X. of Statute LXX. are hereby revoked.

CHAPTER III.

  1. This Statute shall be construed with and as part of Statutes I. to LXXXIV. of University College, Cork and may be cited as Statute LXXXV. of University College, Cork or Stat. LXXXV. of Univ. Coll. Cork.
  2. This statute shall come into operation on the first day of December, 1970.

Present when the Common Seal of University College, Cork, was affixed.

(Signed)
M. D. McCARTHY, President.
TADHG Ó CIARDHA, Governor.
D. L. WHYTE, Secretary.

APPENDIX

UNIVERSITY COLLEGE, CORK, PENSION SCHEME

Established under Statute LXXIX. and effective as and from 1 April, 1966

AMENDMENTS

Enacted by Statute LXXXV., and effective as and from 1 December, 1970

PART I. [This part is disallowed]
Definitions and General Conditions

  1. (1) Clause 8: Substitute the following :

    "8. Power to review Pensions: Notwithstanding anything contained herein, if and so often after a pension has commenced to be payable under the Scheme the Governing Body of the College should review the salaries payable to participants, it shall at the same time review the pensions payable to retired participants or the widows of former participants. The basis on which any such review shall be made shall be that the relativity of a pension to the salary attaching to the posts on which its was calculated shall at all times be maintained, the pension being increased proportionately with any increase in such salary other than an increase which is stated to be in consequence of a re-appraisal of the duties and responsibilities of the said posts. Should a pensionable post be abolished after the retirement or death of the holder, the relativity referred to shall be established and maintained 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."
    "The Governing Body may also either generally or in any individual case of special hardship decide at any time that an increased pension be granted independently of any such general review as above referred to."

PART II.
SECTION A. Participant's right to Pension and the amount thereof

  1. Clause 13: Substitute the following:

    "13. All service rendered to the College by a participant in a permanent full-time capacity, as well as any full-time continuous service which a participant may have rendered to the College in a temporary or unestablished capacity immediately prior to and up to the date of his appointment in a permanent full-time capacity, shall be deemed pensionable service. Should such full-time permanent service be broken there shall be omitted from the calculation of his length of pensionable service any period during which he was not in the service of the College in a permanent full-time capacity. In calculating any pension no credit shall be given for any service to the College in respect of which a gratuity on earlier resignation has been granted or a pension on earlier retirement has been or may be granted."

  2. [This paragraph is disallowed]
    Clause 15
    : Substitute 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 of his pensionable service subject to a maximum of forty. In addition, a lump sum equivalent to one-fifth of his final salary multiplied by the number of his years of pensionable service subject to a maximum of ten shall also be payable.
    " Provided, however, that such lump sum shall be reduced by ten per cent in respect of each completed year of pensionable service which a participant may serve after reaching normal retirement age.
    "Should, however, a participant so wish, he may elect to commute portion of his annual pension in which case he will receive a lump sum on retirement equal to one-thirtieth of his final salary multiplied by the number of his years of pensionable service subject to a maximum of forty-five. The exercise of this option shall be irrevocable and the participant's annual pension will then be calculated at one-eightieth of his final salary, multiplied by the number of his years of pensionable service subject to a maximum of forty."

  3. [This paragraph is disallowed]
    Clause 17: Substitute the following:

    "17. 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 an annual pension and lump sum calculated in accordance with Clause 15 and may also commute a portion of such annual pension as provided therein."

  4. [This paragraph is disallowed]
    Clause 18: Substitute the following:

    "18. A participant may at any time within five years of the retirement age applicable to the office or post he holds retire voluntarily and on so retiring shall receive an annual pension and lump sum in accordance with the provisions of the Scheme."
    "Provided that such participant shall give at least three months' notice in writing (exclusive of the months of July, August and September) of his intention to so retire."

SECTION B. Provision for Widows and Dependants

  1. [This paragraph is disallowed]
    Clause 24: Substitute the following:

    "24. Should a participant die before retirement his widow shall be granted a lump sum equal to one-fifth of the participant's salary at the date of his death multiplied by the number of his years of pensionable service subject to a maximum of ten. Should there be no widow the lump sum calculated as aforesaid shall be apportioned among the participants' dependants, if any, such apportionment to be in the absolute discretion of the Committee."

  2. [This paragraph is disallowed]
    Clause 25: Add the following paragraph:

    "The provisions of this Clause shall not apply to a participant who retires after 1 December, 1970."