Statute CXXIX.

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-eighth day of April, 1981.

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

(Signed)

TADHG Ó CIARDHA, President.

JOHN P. TEEGAN, Governor.

M. F. KELLEHER, Secretary.

Statute CXXIX.

Schedule

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

CHAPTER I.
Pension Funds and Pension Scheme

1. Statute LXXIX., Chapter I., section 2, as amended, is hereby further amended by the addition thereto of the following:

   "and Provided that, as from 1 January, 1977, the contribution referred to in Statute CXX., Chapter II., shall be payable by the holders of the professorships and lectureships set forth therein".

2. Statute LXXIX., Chapter I., section 7(a) vii. is hereby deleted.
3. Statute LXXIX., Chapter I., section 15, as amended, and clause 19, as amended of the Pension Scheme annexed to Statute LXXIX., are hereby amended by the addition thereto of the following new sub-sections 15(f) and 19(f) respectively:

   "15(f)/Clause 19(f): Notwithstanding the provisions of the foregoing sub-sections of this section, the Governing Body may, on the recommendation of the Pensions Committee, in the ease of any particular transfer or series of transfers, agree that no contribution shall be payable provided that such agreement is on a reciprocal basis with the other employer or employers concerned".

4. Statute LXXIX., Chapter I., section 16, is hereby amended by
   (a) designating the section as 16(a) and
   (b) the addition of the following sub-sections:

   "16(b) The provisions of sub-section (a) of this section shall not apply in the case of staff who are appointed after 1 January, 1981.

   16(c). The Governing Body may, in its absolute discretion, permit the holder of a full-time professorship, lectureship or other pensionable post in the College, appointed prior to 1 January, 1981, and in respect of whom the Governing Body has agreed to apply the provisions of section 16(a) of this Chapter, to opt to become a participant in the Pension Scheme annexed to this Statute.

   Provided that in the event of the Governing Body so agreeing, the value of the benefits accruing to the said holder whether under the Federated Superannuation System for Universities or any other superannuation scheme or as a result of the payments made under Clause 16(a), shall be made available to the Governing Body in consideration of it being deemed that the said holder is entitled to reckon for pension purposes under the provisions of the Pension Scheme annexed hereto a specified number of years of pensionable service as the Governing Body shall determine, being a number of years not exceeding the service which would have been reckonable if the holder had become a participant on the date of appointment".

5. Clause 20 of the Pension Scheme annexed to Statute LXXIX., is hereby deleted.
6. Clause 4 of the Pension Scheme annexed to Statute LXXIX., is hereby amended by
   • (a) designating the clause as 4(a) and
   • (b) the addition of the following sub-section:

     "4(b) Notwithstanding the provisions of sub-section 4 of this clause or of any other provisions elsewhere in these Statutes, salary shall be deemed to include, at the discretion of the Governing Body, allowances which are in the nature of pay rather than in the nature of recoupment of expenses, such as shift premium payments, supervisory allowances, driving allowances, allowances or payments for additional duties or appointments, and any other similar allowances provided that

     • (i) such allowances are of a permanent nature and
     • (ii) are payable for a five-year period immediately prior to retirement or death.

       In the event of such allowances being payable for a lesser period than five years immediately prior to retirement or death, only such proportion of these allowances as the said period of payment bears to five years shall be deemed to be included in salary".

7. Clause 13(a) of the Pension Scheme annexed to Statute LXXIX., is hereby amended by
   • (a) the insertion after the word "College" in the first line of the words while in the employment of the College";
   • (b) the deletion of the word "continuous" and the replacement of the words "immediately prior and up to the date of his appointment in a permanent full-time capacity" by the words "prior to the date of his appointment in a permanent full-time capacity";
   • (c) the addition of the following sub-sections.

     "13(c) Notwithstanding the provisions of sub-section (a) of this clause, part-time service rendered by a participant while in the employment of the College prior to the date of his appointment in a permanent full-time capacity, which was equivalent to at least one-half of full-time service, will at the discretion of the Governing Body and subject to such terms as the Governing Body shall determine be deemed to be pensionable service to the extent of the proportion which such part-time service bears to full-time service.

     "13(d) Pensionable service shall also include any service recognised by the Governing Body in accordance with Clause 19".

CHAPTER II.
Preservation of Pensions

Statute CVIII., Chapter V., section I is hereby amended by

• (a) the substitution of the words "sixty years" for the words "sixty- five years" and
• (b) the deletion of the words "or at the date of retirement, whichever is the later".

CHAPTER III.
Ex Gratia Pensions for Certain Widows

Statute CXXII., Chapter I., section 4, is hereby amended by the addition of the following sub-section:

"4(c) The amount of the pension referred to in sub-section (a) of this section shall, with effect from 1 July, 1979, be amended to the extent that the payment shall not exceed the lesser of

• (i) 5/6ths of one hundred and one sixtieth part of the final salary referred to in sub-section (b) of this section multiplied by the number of years and a fraction of a year of actual pensionable service or
• (ii) 5/6ths of one-quarter of such salary".

CHAPTER IV.
Stipend of Finance Officer & Secretary

1. The annual stipend of the Finance Officer & Secretary shall, as from 1 January, 1981, be as provided in Statute CXXIV., Chapter I., section 4(a), as amended.
2. The duties of the Finance Officer & Secretary shall include responsibilities for the supervision and/or co-ordination of such administrative services as the Governing Body may from time to time determine notwithstanding the absence of reference to such services in the duties of the Finance Officer & Secretary as set forth in Statute XCVI., Chapter IX., or elsewhere in these Statutes.
3. The provision for additional duties referred to in section 2 of this Chapter shall be deemed to include the additional duties referred to in Statute CXXV., Chapter VI.

CHAPTER V.

1. This Statute shall be construed with and as part of Statutes I., to CXXVIII., of University College, Cork and may be cited as Statute CXXIX. of University College, Cork or Stat. CXXIX. of Univ. Coll. Cork.
2. This Statute shall come into operation on the twenty-eighth day of April, 1981.

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

(Signed)

TADHG Ó CIARDHA, President.

JOHN P. TEEGAN, Governor.

M. F. KELLEHER, Secretary.