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

1. 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

1. 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.
2. The said Professorship shall be a part-time, non-pensionable office. The stipend of such part-time Professorship shall be £1,555 per annum.
3. 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.
4. The said Professorship shall be abolished when the first holder thereof ceases by resignation or otherwise to hold said professorship.
5. 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.
6. 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

1. 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".

2. 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".

3. 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.
4. 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".

5. 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".

6. 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.
7. Clause 1. (b) is hereby amended by the deletion therefrom of the words "who have attained the age of twenty-one years".
8. 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".

9. • (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.
10. 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".

11. 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".

12. 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.
13. 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".

14. 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.
15. 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

1. 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.
2. 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.
3. • (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.
4. • (a) The widow of a retired participant shall be entitled to an annual pension equivalent to the lesser of:
     1. 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

     2. 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.
5. 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
   1. 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

   2. one quarter of such salary.
6. 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.

7. 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.
8. • (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.
9. • (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).
10. • (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.
11. • (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.
12. 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.
13. 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

1. 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.
2. 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.
3. 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.
4. 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.
5. • (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.
6. 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.
7. 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.

CHAPTER VII.
Faculties

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.

CHAPTER VIII.

1. 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.
2. 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.