Garda Representative Association

Floor 5, Phibsboro Tower, Dublin 7.  Tel. 01-8303533  Fax 01.8303331 email gra@indigo.ie

GRA 10/12(PJS/MM)                                                      25^th June, 2008

Each member  : Garda Representative Association

SERIOUS ILLNESS SCHEME - ENHANCED BENEFITS

The Association has renewed the critical illness scheme for a further four years effective from the 1 May 2008.   The benefit under the Scheme has been increased from €50,000 to €85,000 (70% increase) at a cost of €3.30 p.w. (18.7% increase) for a member and children and €6.00 p.w. (17.6% increase) for member and spouse/partner and children.    The benefit for children has been increased from €20,000 to €25,000 (25% increase) up to the age of 18 years and 25 years if in full time education.     The benefit for retired members has increased from €25,000 to €42,500 until they reach their 65th birthday.   The premium is €3.30 per week in respect of members only and €6.00 p.w. in respect of members and spouses

The Association is satisfied that the arrangement as outlined below represents the best value for money on the market.  While appreciating that members have different financial outlays it exhorts all members to reflect on whether or not they should subscribe to this Scheme.  

Member married/partnered to a Member

The GRA has made every effort to ensure that you are not paying twice for the same cover but it is impossible for the Association to identify all those members who are either married or partnered to members.   It should be noted that only one claim can be made under the scheme, therefore it is in your interest that you are paying the applicable premium. In other words, if your spouse/partner is also a member of An Garda Síochána and as you are already paying a premium of €5.10 p.w., please ensure that he or she is not also paying into the scheme. 

Cover – Sexual Orientation

The Association represents all members of the Garda Representative Association irrespective of sexual orientation.  In this respect, the Association felt that a number of our members were discriminated against and asked our Brokers to address this matter when renewing the contract.    I am pleased to advise you that all members of the GRA who are members of the Critical Illness Scheme will be covered under the terms of the new contract effective from 1^st May, 2008 irrespective of sexual orientation.   The conditions in relation to the underwriting of a partner will apply.   A member’s partner with whom he/she has been cohabiting, in a marital type relationship for at least 12 months before making a claim.  The person must be nominated by the member upon applying for partner cover.

Membership of Scheme will open for a three month period effective from 1^st May, 2008

Members of the GRA who wish to be covered in the Scheme will be in a position to obtain authorisation forms from the GRA Office as of the 1^st May, 2008.   The scheme will be open for a three month period commencing 1^st May, 2008.   On behalf of our members, the Garda Representative Association would like to place on record its thanks to Penpro Pension and Protection Consultants.    The following are details of the new benefits:-

Benefits:

The Scheme underwritten by Friends First provides the following benefits. 

The premium for the benefits is €3.30 for a member and children; and is €6.00 for a member/spouse and children.  Student Gardai are covered free of charge for their term of training i.e. 58 weeks. 

Hereunder is a complete list of illnesses covered under the terms of the Scheme:-

MEMBERHSIP of the Serious Illness Scheme

Q. How do I establish if I am a member of the Scheme or if my spouse/partner and children are on cover?

A. Check deduction code 6152 on your payslip under GRA Serious Illness to determine whether:

 €2.78 (€3.30 new rate from 01/07/08) is being deducted – this means that the member and children are   on cover;

 €5.10 (€6.00 new rate from 01/07/08) is being deducted – this means that the member/spouse and   children are on cover.  

 If no deduction in respect of this code appears on your payslip then this means that you are not a    member of the Scheme.

If you already made a claim under the Scheme then your spouse/partner and children may still be covered and vice versa once satisfactory arrangements are made to continue payment of premium.   The deduction in this case would be €2.78 (€3 .30 p.w. as of 01/05/2008).  If you have more than one child then please note that if one child claims the others are still covered.  In addition, if one or more children claim you and your spouse remain covered.  

Thank you for your continued support of the Scheme.

P J Stone

General Secretary

Garda Representative Association

Floor 5, Phibsboro Tower, Dublin 7.  Tel. 01-8303533  Fax 01.8303331 email gra@indigo.ie

GRA 9/18 (PJS/MM)                             29^th March, 2006

Each member: Garda Representative Association

ENHANCED BENEFITS – SERIOUS ILLNESS SCHEME

The Garda Representative Association, in conjunction with Penpro Pension and Protection Consultants, is pleased to report details of enhanced serious illness benefits for members, spouses/partners, children and Student Gardai operative from the 1^st April, 2006 for a two year term up to 31^st March, 2008.   Members may remain on cover until their 65^th birthday.  The contract was awarded to Friends First.

Enhanced Benefits:

The Scheme underwritten by Friends First provides the following enhanced benefits.  All benefits have increased by 25% with the exception of the benefit for Student Garda which has increased by 35%.

Cost of Serious Illness Benefit

The premium for the benefits on offer increases from €2.36 to €2.78 for a member and children and from                   €4.32 to €5 .10 for a member/spouse and children.  Student Gardai are covered free of charge for their term of training i.e. 58 weeks. 

Hereunder is a complete list of illnesses covered under the terms of the Scheme:-

The Scheme offers cover for six additional illnesses namely

The definition of the illnesses will be as detailed in a booklet which will issue to each member of the Garda Representative Association, irrespective of membership of the Serious Illness Scheme.  It is designed to explain how the scheme operates.  It will specify what you are covered for and in what circumstances you can claim.  This involves giving a definition for each illness covered. 

The Scheme will remain open for members to join from the 1^st April, 2006 to the 31^st December, 2006.  Members who join the Scheme before the end of this expiry date will only be required to complete a short proposal form and will require no medical underwriting.  The closing date for applications is 31^st December, 2006.

MEMBERHSIP of the Serious Illness Scheme

Q. How do I establish if I am a member of the Scheme or if my spouse/partner and children are on cover?

A. Check the deduction code on your payslip under GRA Serious Illness to determine whether:

€2.36 or (€2.78 new rate) is being deducted – this means that the member and children are on cover;

€4.32 or (€5.10 new rate) is being deducted – this means that the member/spouse and children are on   cover.  

If no deduction in respect of this code appears on your payslip then this means that you are not a    member of the Scheme.

If you already made a claim under the Scheme then your spouse and children may still be covered and vice versa once satisfactory arrangements are made to continue payment of premium.   The deduction in this case would be €2.78.  If you have more than one child then please note that if one child claims the others are still covered.  In addition, if one or more children claim you and your spouse remain covered.  

Non Members of the Scheme – Application to join

If you wish to join the Scheme please contact this office when a salary deduction authorisation form together with a short proposal form will be forwarded to you.  Please note that the Scheme will remain open for members to join from this date until the 31^st December, 2006. 

P J Stone

General Secretary

GRA NEWSLETTER - 17th FEBRUARY 2003

GRA 9/04 (PJS/MM)

Each member : Garda Representative Association      17^th February, 2003

Proposed Pay Agreement

The PPF is due to expire on the 30^th June 2003.  A successor to this agreement is almost in place and will set out the various pay arrangements and proposals to deal with the Benchmarking issue.  This Association will be invited to begin its discussions on peripheral matters on Benchmarking and on the very specific clauses for increased flexibility, adaptability and productivity measures.   As pointed out in earlier circulars, the GRA is less than happy with the percentage offer under Benchmarking but now must ensure that it is secured for the least possible pain.

The new Agreement will run for a period of eighteen months. It is intended that there will be a pay freeze for the Public Service from the end of June 2003 to the 1^st January, 2004.   Pay increases totalling 7% will be calculated as follows:  3% from the 1^st January, 2004;  2% from the 1^st July, 2004 and 2% for December 2004.   Increases will be paid within a twelve-month period.  

Benchmarking Award

It was agreed under the adjustment to the PPF in December 2000 that 1.25% would be paid with effect from 1^st December, 2001; 2.5% from 1^st Jan 2004 and the remaining 1.25% from 1^st June, 2005.  These increases will only be paid on the ratification of the new national wage agreement.    

Current pay scales, including projected increases – 12% in total - due under the new pay agreement and Benchmarking are detailed in the accompanying schedule. Allowances in the nature of pay will increase accordingly – I have taken rent allowance as an example and shown the  % increases due.  The figures published are for illustrative purposes only.

The payment of the final two phases of the Benchmarking increase and general round increases, as set out are dependent in the case of each sector organisation, and grade, on verification of co-operation with flexibility and ongoing change.   Satisfactory implementation of the agenda for modernisation and maintenance of stable industrial relations and absence of industrial action in respect of any matters covered by this agreement must be secured.   Therefore, if the Association accepts the agreement we will have to satisfy ourselves that all the nuances regarding flexibility and adaptability impinge on sectoral performance as opposed to individual performance.  On ratification of the national wage agreement, the first quarter (1.25%) of the Benchmarking award will be paid, back dated to the 1^st December 2001.

New Scheme for Ex gratia payments to members of An Garda Siochana :
Drivers of official vehicles (cars and motorcycles) who are involved in accidents.

Your Central Executive Committee has now concluded negotiations with the Department of Justice, Equality and Law Reform on arrangements for compensating members of An Garda Siochana who are involved in accidents as drivers of official vehicles – this covers both cars and motorcycles.  The arrangements will apply to injuries arising from motor accidents, which take place on or after 14^th May, 2002.  The scheme has now been agreed in principle. 

The achievement in bringing this scheme to realisation cannot be overstated as members will be aware under our system of law compensation is not awarded unless it can be proven that an accident given rise to the injury was caused by the negligent act or omission on the part of the person sued.  The successful negotiation of this scheme effectively turns the legal position on its head.  The Association will monitor very carefully how the Scheme is performing.   The scheme is subject to revision every two years.

Details of the Scheme are set out hereunder:-

Arrangements for ex-gratia payments to members of An Garda Síochána                arising from motor accidents
1.  (i) The arrangements are intended to apply to injuries arising from motor  accidents that take place on or after 14 May, 2002.  These arrangements are provisional and will be reviewed by the Department of Justice, Equality and Law Reform and the Garda representative associations within 2 years of coming into operation.

(ii) The purpose is to provide a fixed lump sum payment in respect of serious injuries sustained  by members of the Garda Siochána in the legitimate pursuit of their duties in a motor accident in circumstances where the Garda Siochána (Compensation) Acts do not apply and where a civil action for damagesdoes not lie.    It is intended to be similar in some respects to commonly available personal accident insurance policies. It is without prejudice to any entitlement to pay while on sick leave, occupational injury payments, payments for medical expenses or pension entitlements.

Circumstances when applicable

2.  (i) Subject to (ii), the scheme  applies to injuries specified at Annex 1 suffered accidentally by a member of the Garda Síochána in a motor accident when acting legitimately in the course of his or her duty.

(ii)  It does not apply in circumstances where

(a)  the injury was malicious,

(b)  the injury was deliberately inflicted,

(c) the person who sustained the injury acted in a manner which was inappropriate to the exigencies of the duties involved, i.e. were the person acted with such negligence or recklessness that it endangered the lives or safety of others,

(d)  the person who sustained the injury acted in a manner which has given rise to potential disciplinary action or criminal prosecution
 

(e)  the injured person has grounds for a civil action to recover damages for the injury.

Administration of Scheme
3.  (i) A report signed by a person not less than the rank of Assistant Commissioner
            shall be produced detailing the circumstances of the events leading to the injuries
            and stating that the member in question was
            (a)    on duty at the time the injury was sustained,
            (b)    acting in legitimate pursuit of his or her duties,
            (c)    carrying out his/her duties in a manner which was appropriate to the exigencies of the duties involved, particularly in relation to having due regard for the safety and welfare of the member him/herself and others, and that

            (d)    the injury was not maliciously or deliberately inflicted, and
            (e)   there is no question of bringing criminal or disciplinary charges against the injured party arising from the incident.         

(ii) A report by a medical consultant nominated by the Minister who has examined the claimant shall be produced identifying the injury sustained while on duty and placing it in one of the categories specified in Annex 1.

(iii) An affidavit shall be made by the injured party or legal representative stating that acceptance of an award under these arrangements is in full and final settlement of any potential claim
against the State and that no action shall be brought against the State in relation to the injuries in question and that no civil action lies against any third party in respect of the damages suffered.

Payments

4. Subject to conditions outlined above, a once off payment may be made to the injured person or, if the person is deceased, to the estate of that person. The amount to be paid shall be determined in accordance with Annex 1.

5. Any person who has made a claim under these arrangements shall be entitled, on request, to receive a copy of all papers held in respect of that claim except papers to which legal privilege applies.
 

6. No more than five payments will be made in respect of class 3 injuries in any one 12 month period.

Annex 1
 

Class 1    Death, serious injury involving paraplegia/quadriplegia, or injury resulting in the person being declared a Ward of Court.
            Amount:   Euro 200,000

Class 2    Complete and permanent loss of use of (i) an eye, (ii) a limb, hand or foot.
            Amount:   Euro125,000

Class 3    (i)   complete and permanent loss of use of a finger or thumb resulting
                  in a long term and significant impairment of mobility or capacity,

             (ii)  multiple injuries involving more than soft tissue damage arising
                   from a single incident resulting in a long term and significant
                   impairment of mobility or capacity,

             (iii) fractured skull with attendant complications, such as epilepsy
                   or extra dural haemorrhage (internal bleeding between the brain and
                   the surface of the skull) which would have to be monitored on an
                  ongoing basis.
            Amount:   Euro30,000
 

Additional Voluntary Contributions (AVC’s)  – Recent Tax Relief Changes

The recent Finance Bill restricts the tax relief available for members making last minute AVC’s.   Finance has now moved to reduce the carry-back from ten years to just one year.  I want to make you aware of the change and in particular to prompt you, if necessary, to take action sooner rather than later.   The basis of calculating the amount of additional tax free gratuity by way of AVC has not changed, i.e. the best three years earnings in the last 10 is still used.  This calculation is merely used to determine the scope of your AVC.

However, prior to the recent change, which took, effect from 6^th February, 2003 a member with a sizeable AVC could, if required, backdate the obtaining of tax relief over ten years.  This has now been reduced to one year.   This change may affect the tax relief available to any member retiring and who has sizeable non-pensionable earnings (overtime and non rostered allowances) and has not made AVC’s to date.

All members - within 5 years of retirement - should obtain (from Garda Pay Section, Killarney) details of gross earnings over the last 10 years and current pensionable earnings.  On receipt of this information, you should forward it to Ms Liz Scaife, Marsh Financial Services, St James House, Adelaide Road, Dublin 2 who will arrange for quotation and advice on the most appropriate course of action to you.  What this change has brought about is the need for members to take advice some years in advance of retirement, typically five years, so as to ensure that they maximise the full tax relief available to them.

Cutbacks

The Central Executive Committee is extremely concerned that some of the cutbacks which our members are currently experiencing are leading to an erosion in members’ working conditions.  The Association wants to make it clear that, while we have no control over budgetary matters or issues of expenditure in relation to subsistence or overtime, we will not tolerate any intrusion of members’ rights by Garda Management as a result of its budgetary difficulties.  Members should be aware that there is no question of taking time off in lieu for overtime unless the member chooses to take up this option.   If members are experiencing difficulties with overtime payments they should contact their CEC member in the first instance.  If the issue cannot be dealt with satisfactorily at local level, then the Association will take the necessary proceedings under the Prompt Payment Act.   This provision equally applies to the non-payment of subsistence claims which are legitimately incurred.   

The Association is aware that these cutbacks are having the most severe impact on our members’ safety in terms of their ability to carry out their duty.  We believe it is incumbent on this Association to advise all of its members to be extra vigilant in their working arrangements; thus ensuring that they do not place themselves at risk to public order or other such incidents.  If members have concerns in this regard, it is important that they report such fears to their immediate superiors.   The Association is persistently bringing the problems and the difficulties that cutbacks are having on you to the attention of Garda Management.   All of these cutbacks are a major setback to modernisation and progress in policing.

The Association is hopeful that some alleviation of these cost cutting measures will be forthcoming and that the position will improve somewhat as a result of our intense representations.  The CEC is giving this matter the highest of priority and we ask all of you to collectively work with us in highlighting these inadequacies of service and your own safety. We believe, as an Association, it is important that our members are not the ones left carrying the brunt of policing responsibilities when that matter clearly rests with higher ranks.

Garda Compensation Acts

The terms of the Garda Compensation Acts specify that claims arising from injuries maliciously inflicted while performing duty must be lodged with the Department within three months of the date in which the injury occurred. This section of the Act is now being strictly enforced and, therefore, a member who is injured on duty should ensure that his/her claim is lodged within the three-month period.

2.5% Pension Contribution

The Association has now received an opinion from Mr Donal O’Donnell, S.C. on this issue.  It is intended that a meeting will be arranged shortly with Mr O’Donnell; our Solicitors and some of the members affected by the 2.5% pension contribution.    I am hopeful that a plenary summons will issue shortly.

P J Stone

General Secretary

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