Energy (Miscellaneous Provisions) Act 2012

3.

Amendment of Electricity Supply Board (Superannuation) Act 1942.

3.— (1) The Electricity Supply Board (Superannuation) Act 1942 is amended—

(a) in section 1, by inserting after the definition of “manual worker” the following:

“ ‘persons employed by the Board’, with the exceptions mentioned in this Act or in any superannuation scheme confirmed by the Minister, includes—

(a) any person—

(i) whose employment was transferred to EirGrid plc, under Regulation 14 of the Regulations of 2000,

(ii) who was, immediately before the transfer a member of a superannuation scheme, and

(iii) in respect of whom the transmission system operator has not notified the trustees under Regulation 17(10)(d) of the Regulations of 2000,

and

(b) any person serving in the Board on or before 1 January 2009—

(i) whose employment was transferred to ESB Networks Ltd. under the transfer plan or otherwise, and

(ii) who was, immediately before the transfer a member of a superannuation scheme;

‘ESB Networks Ltd.’ means the company formed pursuant to Regulation 3 of the European Communities (Internal Market in Electricity) (Electricity Supply Board) Regulations 2008 (S.I. No. 280 of 2008) under the name of ESB Networks Ltd. or any company replacing it;

‘Regulations of 2000’ means European Communities (Internal Market in Electricity) Regulations 2000 (S.I. No. 445 of 2000);

‘transfer plan’ means the plan prepared under Regulation 7 of the European Communities (Internal Market in Electricity) (Electricity Supply Board) Regulations 2008 as approved by the Commission for Energy Regulation.”,

(b) in section 4, by inserting after subsection (2) the following:

“(3) A person serving in the Board on or before 1 January 2009, whose employment was transferred to ESB Networks Ltd. under the transfer plan or otherwise, who was immediately before the transfer a member of a superannuation scheme continues as a member of the scheme.

(4) A person employed by the Board, whose employment was transferred to EirGrid plc under Regulation 14 of the Regulations of 2000, in respect of whom the transmission system operator has not notified the trustees under Regulation 17(10)(d) of the Regulations of 2000, and who was immediately before the transfer a member of a superannuation scheme, shall continue to have his or her superannuation benefits and the contributions payable in respect of their membership of a scheme established under the Regulations of 2000 paid out of or into, as the case may be, the fund set up under section 7 of this Act, into which he or she paid superannuation contributions before the transfer.”.

(2) Paragraph 2(3) of Schedule 2 to the European Communities (Internal Market in Electricity) (Electricity Supply Board) Regulations 2008 (S.I. No. 280 of 2008) is revoked.