Whereas His late Majesty King Edward the Seventh was graciously pleased in pursuance of the provisions of the Irish Universities Act, 1908, to constitute and found a new University having its seat in Dublin, and to direct that the said University should bear the name of the National University of Ireland.
And Whereas by sub-section three of Section two of the said Act, University College, Cork, is a Constituent College of the said University.
And Whereas by Section four of the said Act the Statutes for the general government of she Constituent Colleges of the said University were directed to be made in the first instance by the Dublin Commissioners appointed under the said Act, and after the powers of the said Dublin Commissioners determined by The Governing Bodies of the said Constituent Colleges.
And Whereas the said Dublin Commissioners, under and by virtue of the powers conferred upon them by the said Act, duly made Statutes for University College, Cork, to be cited as Statutes I. and II. of University College, Cork, given under their Common Seal bearing respectively as dates the 15th day of April, 1911, and the 7th day of July, 1911.
And Whereas the powers of the said Dublin Commissioners determined on the 31st day of July, 1911.
And Whereas We, the Governing Body of University College, Cork, did on the 21st day of October, 1921, by resolution provisionally adopt the Statute (to be cited as Statute XVI. of University College, Cork) set out in the Schedule hereof as amended.
And Whereas a copy of said Statute was Communicated on the 11th day of November, 1921, to the Academic Council of the said College.
And Whereas We, the said Governing Body, have considered any representations on the subject of said proposed Statute made to us by the said Academic Council, within two months from the said 11th day of November, 1921, and have by a resolution adopted at our Meeting, held this 20th day of January, 1922, by a majority of the Members of the said Governing Body now holding office, confirm the resolution to make the said Statute with amendments.
And Whereas a copy of the said Statute has, at least seven days before the said 20th day of January, 1922, been sent to each Member of the Governing Body, to the Registrar of the National University of Ireland and also to the Secretary of University College, Dublin, and to the Secretary, of University College, Galway.
Now 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 31st day of January, One thousand nine hundred and twenty-two.
Present when the Common Seal of University College, Cork, was affixed:
Statutes I. to XV. of University College, Cork, shall be read and construed with the additions, modifications and amendments as hereunder set forth.
Chapter 2 of said Statute XI. and the annexed Scheme thereto are hereby revoked so far as affects any person now entitled under said Scheme who signs a consent to its revocation, and all future Officers of the College.
Chapter I. of said Statute XI. is hereby amended by adding a Sub-Section (5):
(5). In the case of pensions which may hereafter be payable to the following persons in office at the passing of the Act of 1908, viz. :
| Professor G. J. Stokes, M.A., |
| Professor A. E. Dixon, M.D., |
| Professor W. Bergin, M.A., |
| Professor W. F. Stockley, M.A., and |
| Professor D. T. Barry, M.D. |
while the payment of Bonuses on salaries is continued the Governing Body may, at its discretion, make an increase in each annual sums payable by way of pensions, such increase in any case not to exceed one-third of such annual sum.
There shall be transferred to the credit of a separate Fund called the Additional Pension Fund:
(a) Such sum as may be recouped to the College by reason of the revocation of the Scheme provided by Chapter 2 of Statute XI.
(b) £1,100 per annum until the period mentioned in Section(4) of Chapter 1. of Statute XI. has expired and thereafter in each year the sum of £2,300, but said sum shall be subject to deduction of the amount required to pay the College contributions in the case of any person who has not expressed his consent to the revocation of said Scheme provided by Statute XI.
The Monies so transferred and paid together with all accumulations shall form a Fund for the payment of pensions or superannuation according to the Scheme hereinafter mentioned in the case of the holders of the offices specified in the Table A annexed to said Scheme.
PROVIDED that any present holder of the offices mentioned in said Table "A" who shall not consent in writing to the revocation of the said Scheme annexed to Statute XI. shall not become entitled to any benefit under the Scheme hereinafter mentioned.
PROVIDED also that after the period mentioned in 3 (b) the Additional Pension Fund may be used for payment of any pensions chargeable under Chapter 1. of Statute XI., but in that case any unapplied balance of the Pension Fund therein mentioned shall be transferred to the Additional Pension Fund.
The Scheme shall provide benefits consisting of annual Pensions for life on retirement, whether due to age, ill-health or other incapacity, from infirmity of mind or body, for the President or holders of such full-time Professorships and Lectureships, and for such full-time Officers of the College appointed after the 31st October, 1916, as the Governing Body shall see fit, together with such other payments as shall be contained in said Scheme.
The monies set apart, together with the accruing dividends, interest, and other produce thereof, shall be invested by the Governing Body, in or upon securities in or upon which Trustees in Ireland are or may be authorized to invest Trust Monies.
Any Pension granted by such Scheme, shall not, in annual value, exceed:
(a) In the case of the President, a full-time Professor, full-time Lecturer, Secretary & Bursar, Registrar, or holder of other Pensionable Office two-thirds of the annual stipend of the Office; but this sub-section is without prejudice to the provisions of sub-section (c) hereinafter contained.
(b) The Pension in all cases of retirement at the statutory age shall, subject to the limitation prescribed by the foregoing clause, be an annual allowance calculated at one-sixtieth of the salary or stipend for each full year of service or at such reduced Scale in accordance with the provisions of Section 13 of this Chapter as the Governing Body may at the close of each quinquennial period determine.
(c) While the payment of bonuses on salaries is continued the Governing Body may at its discretion make an increase in the foregoing pensions, to a figure not in excess of one-third of such annual sum calculated as hereinbefore.
(d) The Governing Body shall pay a Gratuity equal to one year's salary or stipend, but no mare, to the immediate family or dependants of a pensionable Officer dying after ten years service but before reaching the age of sixty-five.
(e) In the event of the death of an Officer while in Office without leaving immediate family or dependants the Governing Body shall not grant any allowance whatever out of the Additional Pension Fund to his legal personal representatives.
Such Scheme may make such provision in case of transfer from one pensionable Office in the College to another pensionable Office within the College as the Governing Body shall by such Scheme declare fit.
In the case of the establishment of any new full-time Office or in the case of any full-time Office existing at the date hereof, other than those specified in Table A annexed to this Scheme the Governing Body shall not declare any such Office to be pensionable unless the Governing Body shall cause to be paid into the Additional Pension Fund until the close of the current period of quinquennal investigation provided by Section 13, such additional sum as an Actuary shall certify to be necessary, and thereafter such annual sum (if any) as an Actuary may certify to be necessary for the purpose of providing the pension for any such Office, account being taken of the ability of the Additional Pension Fund to provide such pensions without such additional annual contribution.
Such Scheme shall provide for counting years of service from the date of first appointment in 1909 or any year subsequent thereto.
In case the salary or stipend of any pensionable Office shall be increased either during the tenure of Office of any holder or upon a new appointment to such Office, the Pension rights of the holder of such Office shall be calculated upon the original salary or stipend, provided that at the succeeding quinquennial investigation, if the Governing Body be satisfied by a report from an Actuary that the Fund is able to meet the estimated charges calculated at the normal rate, including pension upon such increased salary or stipend, or if the Governing Body make such additional provision for pension on such increased salary or stipend as an Actuary may certify to be necessary, the Governing Body may declare such Office to carry right of pension upon the increased salary or stipend or upon such lower sum not being less than the original salary or stipend as the Governing Body in its discretion may think fit.
Unless the Governing Body shall otherwise determine no Officer of the College shall have any claim to a retiring allowance or any other benefit under the Scheme, in the event of his removal from Office for "good cause" as defined in the Statutes of the University and College.
An actuarial report as to the state of the Additional Pension Fund shall be obtained at the close of every five years from the 1st day of August, 1921, and if it shall appear to the Governing Body on consideration of such report that for any reason the Fund is insufficient to provide pensions at the scale referred to in Section 7 (save as to pensions payable under Section 16 (8) Act of 1908), the Governing Body shall have power to reduce the scale upon which the Pensions charged and to be charged on the Additional Pension Fund shall be paid. Provided always that before any reduction of benefits shall be determined upon, the Governing Body shall take into account the existence of any surplus in the General Funds of the College, and if satisfied that this surplus or any part of it is not required for the ordinary working of the College the Governing Body may from year to year apply such part of this surplus as it shall think fit in respect of the insufficiency of the Pension Fund. Provided also that if the Pension scale contemplated in Section 7 be departed from as the result of any actuarial investigation such scale may in respect of all the pensions charged or to be charged be restored to the normal scale or a scale more approximate to the normal at any subsequent actuarial investigation, such restoration nevertheless taking effect only as from the date of such actuarial investigation.
If on the occasion of any actuarial investigation it shall appear that the amount of the Additional Pension Fund exceeds the amount estimated by the Actuary as being necessary to secure the solvency of the Fund, such excess in whole or in part, may, if the Governing Body so decide, be transferred from the Additional Pension Fund and be applied to the general purposes of the College.
The decision of the Governing Body shall be accepted as final in the interpretation of any of the clauses of the Scheme.
The Governing Body shall have power from time to time to revoke or vary any Scheme made in pursuance of this Statute, and make any substituted or altered Scheme, but no revocation or variation shall affect any rights acquired under any Scheme theretofore made.
Subject to any regulation made by the Governing Body the administration of the Additional Pension Fund shall be under the direction of the Finance Committee of the Governing Body.
Any expenses which may be incurred in the administration of the Additional Pension Fund other than cost of investment or variation of investment shall be defrayed out of the General Funds of the College. Any costs or expenses of investment or variation of investment shall be paid out of the Additional Pension Fund.
Given under the Common Seal of University College, Cork, this 31st day of January, 1922.
Present when the Common Seal of University College, Cork, was affixed.
P. J. MERRIMAN,President.
ALFRED O' RAHILLY,Member of Governing Body.
JOSEPH DOWNEY,Secretary.
The Governing Body of University College, Cork, by virtue and in pursuance of the powers vested in them under the Statutes of the said College and of every other power enabling them in this behalf, do make he following Scheme for providing pensions on retirement due to age, ill-health, or other incapacity from infirmity of mind or body for every President, Full-time Professor, Full-time Lecturer, Secretary & Bursar, Registrar, or other full-time Officer of the College, whose Office the Governing Body may decide to make pensionable:
The Scheme is to be read subject to the provisions contained in Statute XVI., and the following provisions of the Statutes:
Chapter IV., Statute I.-(Sec. 4).
" The President shall hold Office until he shall have attained the age of seventy years, and on the ocurrence of a vacancy the Senate shall appoint the President."
Chapter XV., Statute I.-(Sec. 9).
"Each Professor shall subject to good conduct and the due fulfilment of his duties, be continued in Office until he have attained the age of 65 years, and may thereafter be continued by Senate in Office for five further years. Provided that this further continuance in office is recommended to the Senate of the University by the Governing Body, with the approval of the President, and is sanctioned by the Senate annually. "
Chapter XV., Statute I.-(Sec. 10).
"Each Lecturer shall hold office for seven years, and shall be eligible for re-election until he shall have attained the age of sixty-five years, and may thereafter be contained by the Senate in Office for five further years. Provided that this further continuance in Office is recommended to the Senate by the Governing Body, with the approval of the President, and is sanctioned by the Senate annually."
Chapter XX., Statute I.-(Sec. 3).
"A Registrar shall, subject to good conduct and the due fulfilment of his Office, hold Office until he shall have attained the age of sixty-five years or until his resignation. After attaining that age a Registrar may be continued in Office by the Governing Body from year to year. Provided that such further continuance in Office is recommended to the Governing Body by the President; and that in no case shall a Registrar continue or be continued in Office after he shall have ceased to be a Professor or Lecturer in the College."
Chapter XXI., Statute I.-(Sec. I.)
"A Secretary shall, subject to good conduct and the due fulfilment of the duties of his Office, be entitled to hold Office until he shall have attained the age of sixty-five years. After attaining that age a Secretary may be continued in Office by the Governing Body from year to year for a period not exceeding five years. Provided that such further continuation in Office is recommended to the Governing Body by the President."
The Pensionable Offices under this Scheme shall be only those specified in Table A annexed to this Scheme, and such other full-time offices, if any, as the Governing Body shall from time to time decide to make pensionable. Any Office so made pensionable shall be specified in Table B to be prepared and annexed to the Scheme.
The Governing Body shall have power to make regulations requiring evidence of age, satisfactory to the Governing Body, whether on appointment or retirement, to be furnished by any holder of any pensionable Office.
Any Officer holding a pensionable Office may retire on attaining the statutory age of retirement and on so retiring shall receive a pension calculated in accordance with the provisions of this Scheme.
Pensions on retirement, whether on the ground of age. ill-health or other incapacity from infirmity of mind or body. shall be paid only after ten full years of service.
Any holder of a pensionable Office who has not attained the statutory age of retirement, but who by Medical evidence satisfies the Governing Body that he is incapable from infirmity of mind or body of discharging the duties of his Office, and that such incapacity is likely to be permanent, shall receive such pension as shall be fixed by the Governing Body, but in no case greater than according to the scale herinafter mentioned, if upon the report of an Actuary the Governing Body is satisfied that the fund is able to bear such payment.
The pension in all cases shall, subject to the limitations prescribed by Section 7 of the foregoing Statute, and to the provisions of Section 6 of this Scheme, be an annual allowance calculated at one-sixtieth of the salary or stipend for each full year of service from date of appointment, or at such reduced scale in accordance with the provisions of Section 13 of Statute XVI. as the Governing Body may at the close of each quinquennial period determine.
While the payment of bonuses on salaries is continued the Governing Body may at its discretion make an increase in the foregoing pensions tin a figure not in excess of one-third of such annual sum calculated as hereinbefore.
The Governing Body shall pay a gratuity equal to one year's salary or stipend but no more, to the immediate family or dependants of in pensionable Officer dying after ten years service, but before reaching the age of sixty-five years.
In the event of the death of an Officer while in Office without leaving immediate family or dependants the Governing Body shall not grant any allowance whatever out of the Additional Pension Fund to his legal personal representatives.
In case the holder of any pensionable Office in the College shall vacate such Office by reason of appointment to another pensionable Office within the College, the pension of such person on retirement at the statutory age of retirement or at an earlier date, in accordance with the provisions of Section 6 hereof shall, subject to the provisions of this Scheme, be computed upon the salary of his former Office for the actual years of service in such Office, and upon his subsequent salary for his actual years of service in that subsequent Office;
PROVIDED that for the qualification of ten full years of service required by Section 5 hereof ten years of service jointly in such Offices shall be sufficient.
No pension on retirement shall be paid to any person under sixty-five years of age, unless by medical evidence if is proved to the satisfaction of the Governing Body that such person is incapable from infirmity of mind or body of discharging the duties of his Office, and that such incapacity is likely to be permanent.
It shall be a condition precedent to the payment of pension that evidence of existence satisfactory to the Governing Body shall be furnished by the person entitled to pension prior to each payment.
Any allowance by way of Pension shall be payable by equal quarterly instalments at the usual quarters of the financial year ending the 31st day of July in each year, and if necessary such instalments shall be apportioned.
The Holders of the following full-time Offices are declared to hold pensionable Offices, and the salary or, stipend upon which pension rights shall be calculated is that set opposite the name of the Office:
Table A. | |
| The President | £1200 0 0 |
| The Registrar | £100 0 0 |
| The Professorship of Classics | £500 0 0 |
| The Professorship of History | £450 0 0 |
| The Professorship of Irish Language and Literature | £450 0 0 |
| The Professorship of Mathematics | £500 0 0 |
| The Professorship of Romance Languages | £450 0 0 |
| The Professorship of Botany | £450 0 0 |
| The Professorship of Geology and Geography | £450 0 0 |
| The Professorship of Zoology | £500 0 0 |
| The Professorship of Anatomy | £600 0 0 |
| The Professorship of Pathology | £500 0 0 |
| The Professorship of Civil Engineering | £600 0 0 |
| The Professorship of Economics and Commerce | £450 0 0 |
| The Professorship of Methods of Education | £350 0 0 |
| The Professorship of Mathematical Physics | £450 0 0 |
| The Lecturer in Classics | £350 0 0 |
| The Secretary and Bursar (Present) | £400 0 0 |
Given under the Common Seal of University College, Cork, this 31st day of January, 1922.
Present when the Common Seal of University College, Cork, was affixed: