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Statute LXXIX.

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 twentieth day of June, 1968.

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

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

Statute LXXIX.

Schedule

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

CHAPTER I.
Pension Funds

  1. The provisions of all previous statutes dealing with Pension Funds Nos. 2, 3, 4 and 5, as well as with the Scheme for Payments to Widows, are hereby revoked but such revocation shall not affect any pension or other sum payable or any right acquired under such previous statutes. Neither shall such revocation affect the Pension Funds built up in accordance with the provisions of such statutes.

  2. The Pension Scheme annexed to this Statute is hereby established for the payment of the pensions and other benefits to the persons therein referred to in the manner and subject to the conditions in the said Scheme more particularly set forth. The Scheme shall be non-contributory and shall be deemed to form part of this Statute and to be effective as from 1 April, 1966.

  3. The following pensions shall be paid during the life-time of the beneficiaries out of the Pension Funds referred to in section 3 hereof (unless otherwise indicated the sums are payable as from 1 April, 1966):

    General Pension Fund: Pensions Widow's Pension
    Professor P. W. Renouf£1,537 p.a.-
    Mons. A. O'Rahilly£2,085 p.a.-
    Professor Lucy Duggan£911 p.a.-
    Dr. H. St. J. Atkins£2,118 p.a.-
    R. Ó Cinnéide£1,696 p.a.-
    Professor W. J. O'Donovan£1,696 p.a.-
    Professor C. Ó Cuilleanáin£2,091 p.a.-
    Professor P. Coffey (from 16 May, 1966)£2,453 6 8 p.a.-
    Professor Bridget G. McCarthy (from 1 September, 1966)£2,208 p.a.-
    Dr. J. J. McHenry (from 16 June, 1967)£2,992 10 0 p.a.-
    Professor Mary Boyle (from 16 August, 1967)£1,276 p.a.-
    Mrs. Laura Drumm£411 p.a.-
    Mrs. Mary F. Conroy£324 p.a.-
    Mrs. Sheila Walsh-£800 p.a.
    Mrs. Cynthia Treston-£759 p.a.
    Mrs. Lilian Porter-£511 p.a.
    Mrs. Jean Healy-£773 p.a.
    Mrs. Mary Hogan-£936 p.a.
    Mrs. Mary Busteed-£1,131 p.a.
    Mrs. Joan Hurley-£848 p.a.
    Mrs. Maire Mulcahy-£55 p.a.
    C. Ford£387 9 0 p.a.-
    H. W. Sheppard£647 4 0 p.a.-
    Pauline Henley£603 4 0 p.a.-
    Mary E. Good £151 13 4 p.a.-
    E. McCarthy £408 4 0 p.a.-
    J. McKenna £429 4 0 p.a.-
    W. Sullivan £234 9 0 p.a.-
    M. L. Foley £445 18 0 p.a.-
    M. Fouhy£426 2 0 p.a.-
    Mrs. Monica Riordan (from 23 May, 1966)£103 16 0 p.a.-
    H. Glavin £543 16 0 p.a.-
    P. Ó Nuatáin (from 1 December, 1966)£240 14 0 p.a.-
    J. Foley (from 21 April, 1967)£490 10 0 p.a.-
    Dairy Science Pension Fund:
    Professor J. Lyons£1,616 p.a.-
    Professor M. Grimes£1,617 p.a.-
    Professor C. Boyle£2,037 p.a.-
    Mrs. Helen McGrath (from 2 June, 1967)-£1,226 p.a.
    W. Herlihy £154 2 0 p.a.-
    Elizabeth Conlon£355 5 0 p.a.-
    Susan M. Boyle£345 9 0 p.a.-
    Annie J. Costelloe (from 22 July, 1966)£134 15 0 p.a.-
    D. O'Shea (from 24 May,1967)£321 2 0 p.a.-
    J. Hayes (from 17 May, 1968)£333 10 0 p.a.-

    The pensions provided above for widows shall be payable only if they signify in writing that they accept the provisions of the Scheme annexed hereto and renounce their rights under any other Scheme of the College.

  4. The moneys so set apart, together with the accruing dividends, interest and other annual produce thereof, shall be invested by the Governing Body in the manner provided for in Statute I., Chapter IX., section 5, as amended. The funds so accumulated shall be applied to no other purpose than that of the provision of the pensions and other benefits referred to in section 3 hereof.

  5. The annual pensions or the gratuities to be appointed to the President and to the Registrar (if he be a full-time professor or lecturer) shall be calculated on their final salaries plus the values, as fixed from time to time by statute, of their perquisites of residence, fuel and light or any cash allowances in lieu thereof.

  6. Should the present holders of the offices of President, Registrar, full-time professorships, full-time lectureships, Secretary / Bursar or Librarian after serving not less than ten actual years of pensionable service resign voluntarily, the Governing Body may, in its absolute discretion, pay to any such person a gratuity for good service not exceeding one-half the amount of one year's final salary.

  7. On the resignation owing to marriage of any full-time Lady Superintendent or of any full-time woman Assistant, full-time woman Clerk or full-time woman Library Assistant, a gratuity equal to one-twelfth of her annual salary multiplied by the number of her completed years of pensionable service, subject to a maximum of twelve, may be granted by the Governing Body in its absolute discretion.

  8. Benefits under the Pension Scheme annexed hereto accruing to the holders of pensionable posts in the Faculty of Dairy Science shall be payable out of the Dairy Science Pensions Fund. Benefits under the Pension Scheme to the holders of all other pensionable posts shall be payable out of the General Pension Fund.

  9. Notwithstanding the provisions of Statute LXVII., Chapter IV., as amended, any children's allowances payable by the College at the date of retirement shall continue to be payable during retirement on the same basis and in accordance with the provisions for the payment of such allowances. If within one year of the retirement of a participant a child is born to him an allowance shall be payable to him in respect of such child during retirement on the same basis and in accordance with the provisions for the payment of such allowances.

  10. On the death of a participant or retired participant who, at the time of his death, was receiving children's allowances payable by the College the amount of such allowances shall be doubled and shall be payable to the legal guardian of the children subject to the other statutory provisions governing such allowances. If, after the death of a participant or retired participant, a child is born to him and if under the conditions governing the granting of children's allowances by the College he would have been entitled had he lived to an allowance in respect of such child, then an allowance shall be payable in respect of such child to its legal guardian at double the normal rate subject to the other statutory provisions governing such allowances. Where the legal guardian of the child or children referred to in this section is the widow of the participant or retired participant the amount of the allowances shall revert to the normal rate should she remarry.

  11. 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 in respect of a participant in the Pension Scheme annexed hereto who is, without break of service, transferred or appointed to an established pensionable post in the Civil Service, the Local Authority Service or in the service of another approved organisation, provided that the Minister for Finance and the authority controlling the approved organisation agree at the time of the transfer or appointment, make such contribution as may be agreed upon in respect of the pensionable service of that person in University College Cork to such other service or organisation. No such payment shall be made by the College in respect of any person who has not completed three years pensionable service in the College and in reckoning the amount to be paid no account shall be taken of years added as set out in section 8 hereof ; neither shall the College be required to make any payment in respect of the entitlement of the widow or children of such participant to a widow’s pension or children’s allowances.

  12. In the event of the appointment to a full-time professorship, lectureship or other pensionable post in the College of a person who at the time of his appointment is a member of the Federated Superannuation System for Universities or any similar superannuation scheme, the Governing Body may, in its absolute discretion, agree to pay annually a sum not exceeding fifteen per cent of the annual salary of such appointee to continue pert of or all existing benefits where practicable or provide alternative benefits with such insurance company as may be agreed with the appointee and likewise provide additional benefits in respect of salary increases.

    Provided that in the event of the Governing Body making the payment above referred to such appointee shall not be entitled to participate in the Pensions Scheme annexed hereto nor shall be have any rights whatsoever thereunder.

CHAPTER II.

  1. This statute shall be construed with and as part of Statutes I. to LXXVIII. of University College, Cork and may be cited as Statute LXXIX. of University College, Cork or Stat. LXXIX. of Univ. Coll. Cork.

  2. This statute shall come into operation on the twentieth day of June, 1968.

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

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

UNIVERSITY COLLEGE, CORK, PENSION SCHEME

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

PART I.
Definitions and General Conditions

  1. Persons to whom the Scheme applies (hereinafter referred to as participants or retired participants):

  2. Administration of the Scheme: The Scheme shall be administered by a Pensions Committee (hereinafter referred to as the Committee) which shall be the Finance Committee or such other Committee as the Governing Body of the College shall appoint This Committee shall have power to make such rules, not being inconsistent with the Scheme, as it shall deem necessary for the administration of the Scheme, such rules to be subject to the approval of the Governing Body.

  3. Widow means in relation to a participant who dies before retirement the person who was the wife of the participant at the time of his death. In relation to a retired participant widow means the person who was his wife both at the time of his retirement and of his death.

  4. Salary means the yearly equivalent of the basic remuneration or stipend receivable by a participant in accordance with the terms of his appointment or employment as the case may be, whether statutory or otherwise, excluding all perquisites, allowances, bonuses, travelling expenses and fluctuating emoluments save where otherwise provided in the participant's terms of appointment or employment. Final salary means salary at the date of retirement.

  5. Retirement Age means the age of sixty-five years save where otherwise specified in the participant's terms of appointment or employment, whether statutory or otherwise, with the College.

  6. Dependent means

  7. Right of Dismissal or Removal from Office: Nothing in the Scheme shall affect the power of the President or Governing Body of the College or of the Senate of the National University of Ireland, as the case may be, to suspend, dismiss or remove from office a participant. A participant, other than a participant of the class described in Clause 17, who has been dismissed or removed from office forfeits all the rights to which he would otherwise have been entitled under the Scheme and neither his widow nor his dependents will have any rights under the Scheme.

  8. Power to review Pensions: Notwithstanding anything contained herein, if and so often after a pension has commenced to be payable under the Scheme the Governing Body of the College should decide to review the salaries payable to participants it shall at the same time review the pensions payable to retired participants or to the widows of former participants. The Governing Body may also either generally or in any individual case of special hardship decide at any time that an increased pension be granted independently of any such general review as above referred to.

  9. Payment of Pensions: Pensions will be paid by equal monthly instalments in arrears.

  10. Evidence of Age: It is a condition precedent to the payment of any pension or allowance that evidence of age satisfactory to the Committee be furnished to it.

  11. Evidence of Status: It is a condition precedent to the payment of any pension or allowance that evidence of existence and of marital status satisfactory to the Committee be furnished to it.

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

  12. A participant who retires at the retirement age or at an earlier age as provided for in Clause 17 or 18 shall be entitled to a pensions for the remainder of his life, the entitlement commencing on the day following his retirement

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

  14. In every case where a retired participant is entitled to a benefit under the Social Welfare Acts to which the College has contributed, a deduction will be made from his pension entitlement under this Scheme as defined in Clause 15. The amount of this deduction will be calculated as one-fortieth of the benefit payable under the Social Welfare Acts, ignoring any benefits payable in respect of dependents, multiplied by his years of pensionable service, subject to a maximum of forty.

  15. The participant's annual pension shall be an annual sum equivalent to one-sixtieth of his final salary multiplied by the number of years of his pensionable service subject to a maximum of forty. Should, however, a participant so wish he may elect to receive a lump sum on retirement equal to one-thirtieth of his final salary multiplied by the number of his years of pensionable service subject to a maximum of forty-five. The exercise of this option shall be irrevocable and the participant's annual pension will then be calculated at one-eightieth of his final salary multiplied by the number of his years of pensionable service subject to a maximum of forty.

  16. A participant must retire at the retirement age as defined in Clause 5.

  17. A participant who is incapable of discharging his duties by reason of infirmity of mind or body and whose incapacity supported by medical evidence is in the opinion of the Committee likely to be permanent must retire and on so retiring will be entitled to a pension based on his years of service and calculated in accordance with Clause 15.

  18. A participant may at any time within five years of the retirement age applicable to the office or post he holds retire voluntarily and on so retiring shall receive a pension in accordance with the provisions of the Scheme.

    Provided that such participant shall give at least three month's notice in writing (exclusive of the months of July, August and September) of his intention to so retire.

  19. 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 in respect of a participant who is, without break of service transferred or appointed to an established pensionable post in the Civil Service, the Local Authority Service or in the service of another approved organisation, provided that the Minister for Finance and the authority controlling the approved organisation agree at the time of the transfer or appointment, make such contribution as may be agreed upon in respect of the pensionable service of that person in University College, Cork to such other service or organisation. No such payment shall be made by the College in respect of any person who has not completed three years pensionable service in the College and in reckoning the amount to be paid no account shall be taken of years added as set out in Statute LXXXIX., Chapter I., section 8; neither shall the College be required to make any payment in respect of the entitlement of the widow or children of such participant to a widow's pension or children's allowances.

  20. In the event of the appointment to a full-time professorship, lectureship or other pensionable post in the College of a person who at the time of his appointment is a member of the Federated Superannuation System for Universities or any similar superannuation scheme, the Governing Body may, in its absolute discretion, agree to pay annually a sum not exceeding fifteen percent of the annual salary of such appointee to continue part of or all existing benefits where practicable or provide alternative benefits with such insurance company as may be agreed with the appointee and likewise provide additional benefits in respect of salary increases.

    Provided that in the event of the Governing Body making the payment above referred to such appointee shall not be entitled to participate in the Pension Scheme established by Statute LXXIX, Chapter 1, section 2, nor shall he have any rights whatsoever thereunder.

    SECTION B. Provision for Widows and Dependents

  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 retired at the date of his death on the ground of ill-health as provided in Clause 17.

    Provided that in calculating the pension to which the participant would have been entitled the provisions of Clause 14 shall not apply.

  22. The widow of a retired participant shall be entitled to one-half of the annual pension which such retired participant would have had at the date of his death if the provisions of Clause 14 did not apply.

  23. The amount of the pension as determined in Clauses 21 and 22 will be subject to a reduction of 2½% in respect of each full year in excess of ten by which the widow's age was less than that of her husband. This reduction will not apply to the widows of persons who participate in the Scheme in accordance with Clause 1, paragraph (a), sub-paragraphs i., ii. and iii., and paragraph (b) sub-paragraphs i. and ii., and who are married at the date of coming into operation of the Scheme.

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

  25. When a retired participant dies his widow shall be granted a lump sum equal to one-tenth of this retired participant's final salary multiplied by the number of years of pensionable service subject to a maximum of ten, the resultant figure being reduced by ten per cent. in respect of each completed year during which the retired participant had been in receipt of a pension from this College. Should there be no widow this lump sum calculated as aforesaid shall be apportioned among the retired participant's dependents, if any, such apportionment to be in this absolute discretion of the Committee.

  26. A widow's pension shall cease on her death or remarriage.

  27. A widow must produce such evidence as the Committee may require in order to establish her status and age at all relevant times.

  28. This widow of a participant or retired participant who is herself a participant shall be entitled to benefit under Clause 24 or Clause 25 hereof and, at her own option, to either

    SECTION C. Children's Allowances

  29. For the purposes of this Section of the Pension Scheme 'child' means a child of the participant born before the participant's retirement or within one year of his retirement or within one year of his death should he die before retiring. It also means a child legally adopted by a participant who dies before retiring or, in the case of a participant who has retired, a child legally adopted by him prior to his retirement.

  30. Children's allowances are payable to the holders of certain full-time posts who are either married men or widowers or widows in respect of their children from the date of birth up to this age they cease to attend continuously a teaching institution of less than University rank or until the completion of their eighteenth year of age, whichever shall first occur. Any such allowances payable at this date of retirement shall continue to be payable during retirement on the same basis and in accordance with this statutory provisions for this payment of such allowances. If within one year of this retirement of a participant a child is born to him an allowance shall be payable to him in respect of such child during retirement on the same basis and in accordance with the provisions for this payment of such allowances.

  31. On the death of a participant or retired participant who at the time of his death was receiving children's allowances payable by this College this amount of such allowances shall be doubled and shall be payable to the legal guardian of the children subject to this other statutory provisions governing such allowances. If after the death of a participant or retired participant a child is born to him and if under the conditions governing the granting of children's allowances by the College he would have been entitled had he lived to an allowance in respect of such child, then an allowance shall be payable in respect of such child to its legal guardian at double this normal rate subject to the other statutory provisions governing such allowances. Where this legal guardian of the child or children referred to in this Clause is the widow of the participant or retired participant the amount of the allowances shall revert to this normal rate should she remarry.