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 June, One Thousand Nine Hundred and Forty.
Present when the Common Seal of University College, Cork, was affixed:
Statutes I. to XXXVIII. of University College, Cork, shall be read
and construed with the additions, modifications and amendments hereinafter set
forth.
CHAPTER I.
Pension Fund for Professors and Servants appointed before the Act of 1908 and who are entitled to Pensions.
("Pension Fund No.1")
(a) The sum of Ten Thousand Pounds having been set aside in different amounts at different dates, in accordance with Section 2 of Chapter XXV. of Statute I. (which Chapter was thereafter revoked), and also the various amounts authorised under Chapter I. of Statute XI. (which Chapter was thereafter revoked), Chapter I. of Statute XXIV. and Chapter I. of Statute XXXV. having been paid into the Fund, the said Chapters of said Statutes XXIV. and XXXV. are now hereby revoked.
(b) An Actuarial Report having been obtained it is hereby determined that a sum of £450 shall be set apart each year from 1st October, 1939, and shall be added to the monies mentioned in sub-section (a) and the monies so accumulated shall be used as a fund for securing the pensions payable at present or in future to the following persons, namely:-
Name: | Amount Per | Retired: |
| Prof. A. E. Dixon, M.D. | £400 | 1924 |
| Prof. W. F. P. Stockley, M.A. | £310 | 1929 |
| Prof. W. Bergin, M.A. | £600 | 1931 |
Servant | ||
| John Griffin (Gardener) | £137 10 0 | 1924 |
The person at present holding Office and at present qualified on retirement to receive a Pension out of this Fund is:
Name: | Date |
Added | Accepted
Terms |
| Prof. D. T. Barry, M.D. | 1907 | 7 | Yes |
Provided that the said sum of £450 shall be paid into the Fund annually from 1st October, 1939, until such time as the Finance Committee of the Governing Body shall decide to obtain a further report from an Actuary, such report to be obtained not later than the 1st October, 1944, and shall thereafter cease except an Actuary shall advise to the contrary.
Provided also that the said annual sum of £450 together with the sum already accrued in the Fund may be used as security for borrowing a Capital sum should the necessity arise; but the sum so borrowed and its accretions, if any, shall he devoted exclusively to the payment of the pensions payable at present or in the future to the persons named above.
(c) All unexpended balances of the interest, dividends, or other annual produce of the sums mentioned in the preceding sub-section, or of the moneys so borrowed, shall be invested in such Securities as Trustees in Éire are authorised to invest in; and the sum thus accumulated shall be subject to any charges for payment of the above pensions or benefits mentioned in the preceding sub-section, or any of them should the annual sum of £450 not suffice for that purpose; and in the event of the funds hereinbefore recited proving insufficient, the deficit shall be made good by other funds of the College.
(d) The annual payment of £450 shall be paid into the Fund as prescribed by Section (b) hereof. If two thirds of the liabilities due as above shall have lapsed, it shall be the duty of the Governing Body to obtain an Actuarial Report as to this Pension Fund, and to make a new Statute securing the solvency of the Fund.
(e) If on the occasion of an Actuarial investigation it shall appear that the amount of this Pension Fund exceeds the amount estimated by the Actuary as being necessary to secure the solvency of the Fund; or, should the Governing Body decide to charge the remaining pensions against the annual income, such excess in whole or in part may, if the Governing Body so desire, be transferred and be applied to the general Purposes of the College.
("Pension Fund No.2")
All previous Statutes dealing with the Additional Pension Fund ("Pension Fund No. 2 ") for the President and the Full-time Professors, Lecturers and Officers of the College appointed under the Irish Universities Act of 1908 shall be read and construed with the additions, modifications and amendments as hereinafter set forth.
All the holders of offices mentioned in Table A. in the Scheme annexed to Statute XVI. entitled so to do having consented in writing to the revocation of the Scheme attached to Statute XI., and the monies referred to in Section 3 (a) of Statute XVI. having been transferred to the benefit of the Additional Pension Fund (" Pension Fund No. 2 "), also the various amounts authorised under Statute XVI., Chapter II. of Statute XXIV., and Chapter II. of Statute XXXV. having been paid into the said Fund, and the said Statute XVI. and Chapter II. of Statute XXIV. and the Schemes attached thereto having been revoked, the said Chapter II. of Statute XXXV. and Scheme attached thereto are now hereby revoked.
The revocation of Statute XXIV. referred to in Chapter II. of Statute XXXV. is hereby declared to be applicable only to the provisions regarding Pension Fund No. 2 and the Scheme in connection therewith and set out in the said Statute XXIV.
The sums referred to in previous Statutes having been set aside in different amounts at different dates; and an actuarial Report on the said Additional Pension Fund having been obtained, it is hereby determined that out of the income granted by the Oireachtas for the maintenance of the College under the provisions of the Irish Universities Act of 1908, and the University Education (Agriculture and Dairy Science) Act of 1926, or out of the monies of the College applicable thereto, an annual sum of Three Thousand One Hundred Pounds (£3,100) shall be set aside as from 1st October, 1939, and shall be added to the monies already accumulated in the said Pension Fund No. 2 and the whole shall be used as a fund for the purpose of securing the pensions payable to the following persons, namely:
| Professor E. M. O'Sullivan, M.A. | £200 per annum |
| Professor Mary Ryan, M.A. | £348 per annum |
and for the purpose of securing the pensions, gratuities and the like payable to holders of Offices as per Table A. of the Scheme attached hereto.
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 and holders of such full-time Professorships and Lectureships, and for such full-time Officers of the College appointed under the Act of 1908 as the Governing Body shall see fit, together with such other payments, gratuities and allowances as shall be contained in said Scheme.
The monies so set apart, together with the accruing dividends, interest and other annual produce thereof, shall be invested by the Governing Body in such securities as Trustees in Éire may be authorised to invest in. The Fund so accumulated, together with the amount referred to in Section 3 shall be applied to no other purpose than that of the provision of annual pensions, gratuities and the like payable to holders of Offices as per Table A. of the Scheme attached hereto.
Any Pension granted by the said Scheme shall not in annual value exceed:
(a) In the case of the President, a full-time Professor, a full-time Lecturer, Secretary & Bursar, Registrar (if a full-time Professor or Lecturer), Librarian or holder of other Pensionable Office, two-thirds of the annual stipend of the Office.
(b) The Pension in all cases of retirement at the Statutory age shall, subject to the limitation prescribed by the foregoing sub-section, be an annual allowance calculated at one-sixtieth of the annual 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 chose of each quinquennial period determine. In computing the number of years of service for pension purposes there shall be added in every case seven years to the number of actual years of pensionable service in the College, provided that the actual years of service in the College have not been less than 10; in the case of the President, the Registrar and the Secretary & Bursar the number of such added years shall be ten.
Provided that the Annual Pension to be appointed to the President on retirement shall be calculated on his annual stipend plus the sum of £200.
Provided also that the additional Annual Pension to be appointed to the Registrar (if he be otherwise a Pensionable Officer) on retirement shall be calculated on his annual stipend as Registrar plus the sum of £100 based on the number of years he has occupied the Office of Registrar.
The additional Annual Pension to be appointed to the present Registrar on retirement shall be calculated on his annual stipend as Registrar plus the sum of £100 based on the number of years that he has held a Professorship plus ten added years as aforesaid.
Provided also that a Pensioner may be allowed at the absolute discretion of and on a basis to be fixed by the Governing Body, to commute an amount not exceeding one-fourth of his pension for a lump sum cash payment. Five per cent. shall be deducted from the amount so commuted for each year spent in the service of the College after attaining 65 years of age.
(a) The Governing Body shall pay a Gratuity equal to one tenth of salary but no more for each year of pensionable service in the College to the immediate family or dependents (as may be determined by the Governing Body in its absolute discretion) of a pensionable officer who has had five years pensionable service and who dies before retirement, the maximum number of years to be taken into account when calculating the amount of allowance to be ten.
(b) In the event of the death of a pensionable Officer while in Office without leaving immediate family dependents the Governing Body shall not grant any allowance whatever out of this 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 quinquennial investigation provided by Section 13 of this Chapter, 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 annual stipend of any pensionable Office shall be increased either during the tenure of Office of any holder, or that he be transferred from one pensionable Office to another pensionable Office, his pension shall be computed as for the whole period of his pensionable service on his annual stipend at the date of his retirement.
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 October, 1939, 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 6 of this Chapter, 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 fixed by Section 6 of this Chapter be departed from as the result of any actuarial investigation, such amended 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 decides, 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 such revocation or variation shall not operate to reduce the amount of any annual pension which is being paid prior to the making of such substituted or altered Scheme.
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 he defrayed out of the General Fends of the College. Any costs or expenses of investment or variation of investment shall be paid out of the Additional Pension Fund.
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 the 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, Librarian 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 of Chapter II. of the foregoing Statute and to the following Provisions:
(a) The President shall hold Office until he shall have attained the age of seventy years, and on the occurrence of a vacancy the Senate shall appoint the President.
(b) Each Professor shall, subject to good conduct and the due fulfilment of his duties, be continued in Office until he shall have attained the age of 65 years, end may thereafter be continued by the 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.
(c) Each full-time Lecturer shall, subject to good conduct and to the due fulfilment of his duties, hold office for seven years, after which he shall be eligible for re-appointment. If re-appointed he shall, subject to good conduct and to the due fulfilment of his duties, hold office until he has attained the age of 65 years, and may thereafter be continued in office by the Senate for five further years. Provided 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. Holders of full-time Lectureships at present in the College, who have already been reappointed at the end of a seven-years' period, shall hold such Lectureships as if they had been re-appointed in accordance with this Section.
(d) A Registrar shall, subject to good conduct and the due fulfilment of the duties of his Office, hold Office until he shall have attained the age of 65 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.
(e) 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 continuance in Office is recommended to the Governing Body by the President.
(f) A Librarian 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 the said age, a Librarian may be continued in office by the Governing Body from year to year, for a period not exceeding five years. Provided that such further continuance 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 set out in Clause 15 of 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 Rules 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 pensionable 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 on his retirement such pension as shall be fixed by the Governing Body, but in no case greater than according to the scale hereinafter 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 13 of Chapter II. of the foregoing Statute, and to the provisions of Clause 6 of this Scheme, be an annual allowance calculated at one-sixtieth of the annual stipend for each full year of pensionable service from date of appointment, or at such reduced scale in accordance with the provisions of said Section 13 of the foregoing Chapter II. of this Statute as the Governing Body may at the close of each quinquennial period determine. The Governing Body shall count in every case seven years to the actual years of service in the College provided that the actual years of service in the College have not been less than ten; in the case of the President, the Registrar and the Secretary & Bursar the number of added years shall be ten.
(a) Provided that the Annual Pension to be appointed to the President on retirement shall be calculated on his annual stipend plus the sum of £200.
(b) Provided also that the additional Annual Pension to be appointed to the Registrar (if he be otherwise a Pensionable Officer) on retirement shall be calculated on his annual stipend as Registrar plus the sum of £100 based on the number of years he has occupied the Office of Registrar.
The additional Annual Pension to be appointed to the present Registrar on retirement shall be calculated on his annual stipend as Registrar plus the sum of £100 based on the number of years that he has held a Professorship plus ten added years as aforementioned.
(c) Provided also that the Pensioner may be allowed at the absolute discretion of and on a basis to be fixed by the Governing Body, to commute an amount not exceeding one-fourth of his pension for a lump sum cash payment. Five per cent. shall be deducted from the amount so commuted for each year spent in the service of the College after attaining 65 years of age.
(d) Provided also that any Pension granted under this Scheme shall not in annual value exceed two-thirds of the annual stipend of the Office.
In the case of the present Lecturer in Modern Irish (Eamon Ó Donnchadha) there shall be added to the number of actual years of pensionable service (as from 1st August, 1925) an additional ten years in respect of previous non-pensionable service as Lecturer in Modern Irish.
(a) The Governing Body shall pay a Gratuity equal to one-tenth of annual stipend for each year of service – the maximum number of years to be taken into account when calculating the amount of the gratuity to be ten – to the immediate family or dependents (as may be determined by the Governing Body in its absolute discretion) of a pensionable Officer who has had five years service and who dies before retirement.
(b) In the event of the death of a pensionable Officer while in Office without leaving immediate family or dependents the Governing Body shall not grant any allowance whatever out of this Pension Fund to his legal personal representatives.
If the holder of a pensionable Office, after less than fifteen years' pensionable service shall retire voluntarily, the Governing Body shall have power, at its absolute discretion to make to the retiring Officer a gratuity for good service not being in amount more than one-half the amount of one years' stipend of the retiring Officer.
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, his pension shall be computed as for the whole period of his pensionable service on his annual stipend at the date of his retirement.
No pension on retirement shall be paid to any person under sixty-five years of age, unless by medical evidence it 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 he permanent.
It shall be a condition precedent to the payment of a pension that evidence of existence satisfactory to the Governing Body shall be furnished prior to each payment by the person entitled to the pension.
Any allowance by way of pension shall be payable by equal monthly instalments and, if necessary, such instalments shall be apportioned.
The holders of the following full-time Offices, Professorships and Lectureships are declared to hold Pensionable Offices:
TABLE A. |
| The President. |
| The Registrar (if a Full-time Professor or Lecturer). |
| The Secretary & Bursar. |
| The Librarian. |
| The Professorship of Anatomy. |
| The Professorship of Ancient Classics. |
| The Professorship of Botany. |
| The Professorship of Chemistry. |
| The Professorship of Civil Engineering. |
| The Professorship of Economics and Commerce. |
| The Professorship of Education. |
| The Professorship of English. |
| The Professorship of Experimental Physics. |
| The Professorship of Geology and Geography. |
| The Professorship of History. |
| The Professorship of Irish Language and Literature. |
| The Professorship of Mathematics. |
| The Professorship of Mathematical Physics. |
| The Professorship of Pathology. |
| The Professorship of Philosophy. |
| The Professorship of Romance Languages. |
| The Professorship of Zoology. |
| The Lectureship in Ancient Classics. |
| The Lectureship in Applied Chemistry. |
| The Lectureship in Celtic Languages. |
| The Lectureship in Chemistry. |
| The Lectureship in Civil Engineering. |
| The Lectureship in Experimental Physics. |
| The Lectureship in History. |
| The Lectureship in Irish. |
| The Lectureship in Mathematics. |
| The Lectureship in Modern Irish. |
("Pension Fund No.3")
The provisions contained in Statute XXIV., Chapter IV., University College, Cork, for the establishment and constitution of the Fund entitled "The Faculty of Dairy Science Pension Fund" (" Pension Fund No. 3.") having been revoked, and in lieu thereof substituted the provisions of Chapter III. of Statute XXXV. with Scheme annexed, this latter Chapter and Scheme are now hereby revoked.
There is hereby established a fund entitled "The Faculty of Dairy Science Pension Fund " (hereinafter called "Pension Fund No. 3") for the purpose of providing pensions on retirement due to age, ill-health or other incapacity from infirmity of mind or body for the holders of the Professorships and Lectureships in the Faculty of Dairy Science in the College.
The Pension Fund shall be constituted in the manner following, that is
to say:
The sums referred to in Statute XXIV., Chap. IV., Sec. 1, and
Statute XXXV., Chap III., Sec. 3, having been set aside as therein directed, and
an Actuarial Report on the said Faculty of Dairy Science Pension Fund having
been obtained, it is thereby determined that out of the annual income granted by
the Oireachtas for the endowment of the Faculty of Dairy Science in the College
under the provisions of the University Education (Agriculture and Dairy Science)
Act, 1926, or out of the monies of the said Faculty applicable thereto, there
shall be set apart as from the 1st October, 1939, and added to the Faculty of
Dairy Science Pension Fund, an annual sum of the amount of fifteen per
cent. of the annual Statutory stipends of the full-time Professorships and
Lectureships in the Faculty of Dairy Science together with a like percentage of
the Statutory amount payable to the Professor of Agriculture in respect of his
duties as Director of the Farms.
Sections 4, 5, 6 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 of Chapter II. of this Statute, so far as practicable are hereby applicable to this Pension Fund.
Provided that in the application of Sec. 6 (b) of said Chapter II. hereto ten added years shall in all cases be substituted in lieu of the seven added years referred to therein, except in the case of the Lectureship in Dairy Accountancy & Economics, in which case the number of years shall be seven.
Provided also that where amounts are indicated in such Sections of said Chapter II. as being transferred from or to the General Funds of the College such sums for the purposes of this Chapter, shall be construed as being transferred from or to the Funds of the Faculty of Dairy Science in the College.
Pension Scheme for Full-time Professors and Lecturers in the Faculty of
Dairy Science.
("Pension Fund No.3")
The Governing Body of University College, Cork, by virtue and in pursuance of the powers vested in them under the Statutes of the College and of every other power enabling them on this behalf, do make the following Scheme for providing pensions on retirement due to age, ill-health or other incapacity from infirmity of mind or body for the holders of the Professorships and Lectureships in the Faculty of Dairy Science of the said College and for the holders of such Professorships and Lectureships in the Faculty of Dairy Science which may be instituted and whose Offices the Governing Body may decide to make pensionable:
(a) The Scheme is to be read subject to the provisions of Chapter III. of this Statute and to the following provisions.
(b) The pensionable Offices under this Scheme shall be those specified in Table A. annexed hereto and such other full-time Professorships or Lectureships (if any) which may be instituted in the Faculty of Dairy Science and as the Governing Body may from time to time make pensionable.
The pensions, gratuities and allowances payable to the holders of the said Offices shall be those set forth in the Scheme attached to Chapter II. of this Statute, and the terns of that Scheme, so far as practicable, shall be applicable thereto.
Provided that there shall be added to the number of years of actual pensionable service of the present holders of the said Offices ten years, except in the case of the Lecturer in Dairy Accountancy & Economics, in which case the number of added years shall be seven.
The holders of the following Offices are hereby declared to hold Pensionable Offices :
TABLE A. |
| Professorship of Agriculture and Director of Farms. |
| Lectureship in Dairy Bacteriology. |
| Lectureship in Dairy Chemistry. |
| Lectureship in Dairy Technology. |
| Lectureship in Dairy Engineering. |
| Lectureship in Dairy Accountancy & Economics. |
Provision for Payments, Pensions and Gratuities to certain persons holding full-time posts appointed thereto by the Governing Body and to the Clerks and Servants of the College.
("Pension Fund No.4")
The provisions of Chapter III. of Statute XXVI. for the establishment of a Fund for the provision of payments, pensions and gratuities to certain full-time members of the Staff appointed by the Governing Body and to the Clerks and Servants of the College been revoked and in lieu thereof substituted the provisions of Chapter IV. of Statute XXXV., this latter Chapter is now hereby revoked.
The sums referred to in Statute XXVI., Chap. III., and Statute XXXV., Chap. IV., having been set aside as therein directed, it is hereby determined that, out of the annual income granted by the Oireachtas for the maintenance of the College under the provisions of the Irish Universities Act, 1908, and the University Education (Agriculture and Dairy Science) Act, 1926, or out of the monies of the College applicable thereto, the annual sum of £750 shall continue to be set aside and added to Pension Fund No. 4 to provide a Fund for the purpose of enabling the Governing Body, should it think fit, and at its absolute discretion, to make payments and grant pensions and gratuities to persons holding full-time posts appointed thereto by the Governing Body and to the Clerks and Servants of the College.
The Governing Body is hereby authorised if it sees fit and in its absolute discretion to pay a pension to any full-time Assistant, Clerk or Servant who is in the service of the College at the age of 65 years.
It is a condition precedent to the payment of any pension that a Full-time Assistant or Clerk shall have had at least 10 years' continuous service, and that a Full-time Servant shall have had at least 20 years' continuous service.
The amount of the said pension shall be at the sole discretion of the Governing Body. No gratuity or allowance shall be made or pension granted by the Governing Body until it has received and considered a report thereon from the Finance Committee of the College.
Any full-time Assistant, Clerk or Servant who, in the case of a full-time Assistant or Clerk, shall have had over 10 years' continuous service, and, in the case of a full-time Servant, shall have had over 20 years' continuous service, and who has not reached the age of 65 years, but who, from age, ill-health, or other incapacity from infirmity of mind or body, shall cease to be employed in the College, may be granted by the Governing Body, in its absolute discretion and if it sees fit a pension, but such pension shall be paid only out of the Funds set aside under this Chapter.
Any full-time Assistant or Clerk with less than 10 years' continuous service, and any full-time Servant with less than 20 years' continuous service, who, from age, ill-health or other incapacity from infirmity of mind or body, shall cease to be employed in the College, and shall be found to the satisfaction of the Governing Body to be in urgent need of assistance may be granted by the Governing Body, at its absolute discretion such sum or sums of money not exceeding on the whole one year's salary or wages as a gratuity; but such grant shall be made only out of the Funds set aside under this Chapter.
In the case of the death during tenure of Office or employment of a Full-time Assistant, Clerk or Servant of the College, the Governing Body may, at its absolute discretion, grant to the immediate family or dependents of the deceased employee (as may be determined by the Governing Body in its absolute discretion) a sum of money equal to one-tenth of the salary or wages of the said full-time Assistant, Clerk or Servant for each full year of continuous service, the maximum number of years to be taken into account when calculating the amount of the allowance to be ten, and said grant shall be made only out of the Funds set aside under this Chapter.
On the resignation owing to marriage of any full-time Woman Assistant
or full-time Woman Clerk after a service of not less than six years, a gratuity
at the rate of one month's salary for each complete year of full-time continuous
service, but not exceeding on the whole a maximum of twelve months' salary, may
be granted at the absolute discretion of the Governing Body.
The service of a full-time Woman Assistant or full-time Woman Clerk will
cease as a matter of course on marriage.
Subject to any rules made by the Governing Body the administration of this Pension Fund shall be under the direction of the Finance Committee of the Governing Body.
All unexpended balances, interest and dividends nay be invested by the Governing Body in accordance with the Statutes of the College.
After due inquiry as to the amount necessary for the requirements of this Fund, any excess amount may be transferred by the Governing Body and be applied to the general purposes of the College.
Nothing in this Statute shall be considered to revoke or restrict the
power granted to the President under Chapter IV., Sec. 12 of Statute I., viz:
"He shall have the power of appointing, suspending and dismissing the
servants of the College, and shall regulate their duties and control their
conduct."
Pensions, gratuities and allowances may be made, subject to the provisions of this Chapter, to the Woman Officer of Residence for Catholic Women Students (if full-time) and to the Assistant Librarian.
The decision of the Governing Body shall be accepted as final in the interpretation of any of the Clauses of this Chapter.
Any expenses which may be incurred in the administration of this 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 Pension Fund.
Provision for Payments, Pensions and Gratuities to certain persons holding full-time posts appointed thereto by the Governing Body, and to the Clerks and Servants of the College paid out of the Funds of the Faculty of Dairy Science.
("Pension Fund No.5")
The provisions of Chapter V. of Statute XXXV. for the establishment of a Fund for the provision of payments, pensions and gratuities to certain full-time members of the Staff appointed by the Governing Body, and to the Clerks and Servants of the College paid out of the Funds of the Faculty of Dairy Science are hereby revoked.
The sums referred to in Statute XXXV., Chap. V having been set apart as therein directed, it is hereby determined that out of the annual income granted by the Oireachtas for the endowment of the Faculty of Dairy Science in the College under the provisions of the University Education (Agriculture and Dairy Science) Act, 1926, or out of the monies of the said Faculty applicable thereto, the annual sum of £500 shall continue to be set aside and added to Pension Fund No. 5 to provide a fund for the purpose of enabling the Governing Body, should it think fit and at its absolute discretion, to make payments and grant pensions and gratuities to persons holding full-time posts in the Faculty of Dairy Science appointed thereto by the Governing Body, and to the Clerks and Servants employed in the said Faculty of Dairy Science of the College.
Sections 3, 4, 5, 6, 7, 8, 9,10, 11,12, 13, 14, 15 and 16 of Chapter
IV. of this Statute shall, so far as practicable, be applicable to this Fund.
Provided that the amounts are indicated in such Sections of said Chapter IV.
as being transferred from or to the General Funds of the College, such sums, for
the purposes of this Chapter, shall be construed as being transferred from or to
the Funds of the Faculty of Dairy Science in the College.
This Statute shall be construed with and as part of Statute I. to XXXVIII. of University College, Cork and may be cited as Statute XXXIX. of University College, Cork or Stat. XXXIX. of Univ. Coll., Cork.
This Statute shall come into operation on the first day of June, One Thousand Nine Hundred and Forty.
Present when the Common Seal of University College, Cork, was affixed.