Irish Statutory Instruments

S.I. No. 494 of 2009

NATIONAL UNIVERSITY OF IRELAND, MAYNOOTH (CLOSED) PENSION SCHEME 2009

Notice of the making of this Statutory Instrument was published in

-�Iris Oifigiúil-� of 15th December, 2009.

The National University of Ireland, Maynooth, with the approval of An tÚdarás um Ard-Oideachas with the consent of the Minister for Education and Science and the Minister for Finance, in exercise of the powers conferred on it by section 25(7) of the Universities Act 1997 (No. 24 of 1997), hereby make the following Scheme:

1. This Scheme may be cited as the National University of Ireland, Maynooth (Closed) Pension Scheme 2009.

2. In this Scheme-

-�An tÚdarás um Ard-Oideachas-� means the body established by section 2 of the Higher Education Authority Act 1971 (No. 22 of 1971); and

-�National University of Ireland, Maynooth-� means the university established by section 43 of the Universities Act 1997 (No. 24 of 1997).

3. The instruments or provisions contained in the Schedule comprise the National University of Ireland, Maynooth (Closed) Pension Scheme 2009.

4. This Scheme is closed to new members recruited on or after 29 November 2004 except where the position was advertised by the National University of Ireland, Maynooth before that date.

SCHEDULE

(1) An Agreement under seal dated 22 October 1974 between the St. Patrick-�s College Maynooth and Irish Pensions Trust Limited by which, with effect from 1 October 1974, St. Patrick-�s College Maynooth was admitted as a subscriber to the IPT Retirement Benefits Trust and installed a scheme then known as -�The St. Patrick-�s College, Maynooth Employee Benefits Plan-�.

(2) A Deed of Declaration of Trust and General Rules dated 15 January 1975 and contained in the IPT Retirement Benefits Trust.

(3) A Deed of Amendment dated 2 August 1977.

(4) Special Rules dated 26 November 1987.

(5) Additional Special Rules dated 21 November 1990.

(6) An Agreement under seal dated 7 September 1998 between National University of Ireland, Maynooth and Irish Pensions Trust Limited whereby, with effect from 30 September 1997, St. Patrick-�s College Maynooth was replaced as the sponsoring employer of the Scheme by National University of Ireland, Maynooth and the name of the Scheme was changed to -�National University of Ireland, Maynooth Pension Plan-�.

(7) A Deed of Amendment and Appointment dated 23 August 1999 whereby Niall McKeith, Marie-Therese Power, Martin Ward, Patrick Dalton, Ed Madden and Mary Jo O-�Sullivan were appointed as additional trustees of the Scheme and the Deed was amended as provided therein.

(8) A Deed of Retirement and Appointment dated 2 February 2000 whereby Mary Jo O-�Sullivan retired as a trustee of the Scheme and Dr. Jacinta Prunty was appointed as a trustee of the Scheme in her place.

(9) A Deed of Removal and Appointment dated 23 April 2001 whereby Martin Ward retired as a trustee of the Scheme and Thomas Kenny was appointed as a trustee of the Scheme in his place.

(10) Letter P18/27/90 dated 31 May 2002 from the Department of Finance providing for the reduction in qualifying period for preservation from 5 years to 2 in order to ensure consistency with section 28 of the section 17 of the Pensions (Amendment) Act 2002 (No. 18 of 2002)).

(11) A Deed of Removal and Appointment dated 28 January 2004 whereby Patrick Dalton retired as a trustee of the Scheme and Mike O-�Malley was appointed as a trustee of the Scheme in his place.

(12) A Deed of Amendment dated 30 January 2004 whereby Clause 6 of the Deed was amended with effect from 6 April 1999 as provided therein.

(13) Special Rules dated 16 December 2004 whereby the Scheme was amended with effect from 30 September 1997 as provided therein.

(14) A Deed of Removal and Appointment dated 24 November 2005 whereby Dr. Jacinta Prunty retired as a trustee of the Scheme and Bridget McNally was appointed as a trustee of the Scheme in her place.

SIGNED, SEALED and DELIVERED by Professor John G.Hughes, President, as the duly Authorised Representative of theNational University of Ireland, Maynooth,

2009.

PROFESSOR JOHN G. HUGHES,

President, National University of Ireland Maynooth.

An tÚdarás um Ard-Oideachas hereby approves the foregoing Scheme.

GIVEN under the Official Seal of An tÚdarás um Ard-Oideachas,

10 December 2009.

TOM BOLAND,

Chief Executive Officer, An tÚdarás um Ard-Oideachas

The Minister for Education and Science hereby consents to the foregoing Scheme.

GIVEN under the Official Seal of the Minister for Education and Science,

10 December 2009.

BATT O-�KEEFFE,

Minister for Education and Science.

The Minister for Finance hereby consents to the foregoing Scheme.

GIVEN under the Official Seal of the Minister for Finance,

10 December 2009.

BRIAN LENIHAN,

Minister for Finance.

EXPLANATORY NOTE

This note is not part of the instrument and does not purport to be a legal interpretation.

This Scheme is made under Section 25(7) of the Universities Act 1997 . Section 25(7) requires each university to determine the terms and conditions of any superannuation scheme for its employees. The Fifth Schedule to the 1997 Act places an obligation on each university to submit their pension scheme to the Higher Education Authority for its approval which is given with the consent of the Ministers for Education and Science, and Finance. This instrument refers to all the provisions which comprise NUI Maynooth-�s closed pension scheme and formally records that approval and consent.