Rule 10: Union Benefits and Funds
10.1 SOCIAL BENEFIT FUND
1. The National Executive Council shall establish a Social Benefit Fund which shall be financed by an amount equal to 20% of each Member’s basic contribution. The National Executive Council shall arrange for the transfer from time to time from the Central Fund all monies so apportioned to a separate account known as the Social Benefit Fund.
2. The National Executive Council shall submit the accounts of the Social Benefit Fund for audit each year by a firm of qualified chartered accountants and submit all such audited accounts to Biennial Conference.
3. The administration of the Social Benefit Fund shall be under the control of the National Executive Council who will elect every two years a Management Committee to administer the Social Benefit Fund on its behalf.
4. The Management Committee will meet twice each year for the purpose of reviewing the operation of the Social Benefit Fund and making such recommendations as it thinks fit to the National Executive Council on the operation and development of the Social Benefit Fund.
5. Subject to these Rules and on production of the requisite documentation, a benefit member on reduced basic pay, following a continuous or accumulative absence of 26 weeks from duty (in accordance with the sick pay regulations of the relevant company) resulting from illness or accident may be paid an amount up to 70% of his/her basic pay while a member of the Union. Requests for Sickness Benefit from Members who have not had such an absence may be considered on their merits by the Management Committee subject to the sanction of the National Executive Council. Any such payments will be inclusive of payments / grants from Medisan Fund and the State Pay Related Social Insurance. In the event that the member is successful in recovering damages at common law or through any other avenue for his/her accident or illness, then the member shall reimburse the Social Benefit Fund in respect of any payments made to that Member by the Fund. The member (and/or his/her legal representative) shall also provide particulars of the amount recovered to include, where requested, supporting documentation.
6. A Member may be paid €635.00 on the death of his/her spouse. The estate of a Member may be paid €5,080.00 on his/her death. A Member may nominate during his/her lifetime to whom the said sum shall be payable. An Associate Member may be paid €635.00 on the death of his/her spouse. The estate of an Associate Member may be paid €635.00 on his or her death. An Associate Member may during his/her life nominate to whom such payment may be made.
7. The benefits specified shall be paid only to benefit Members or to the next-of-kin of benefit Members of the Union who have paid a minimum of twenty-six weeks Union contributions following the introduction of the Social Benefit Fund.
8. All claims for payment from the Social Benefit Fund shall be submitted in writing along with the appropriate certification to the General Secretary for consideration by the Management Committee. Any dispute arising as a result of the payment or non payment of a claim on the Social Benefit Fund may be resolved by, and at the discretion of, the Management Committee subject to final appeal to the National Executive Council.
9. In the event of severe financial strain on the Social Benefit Fund due to civil disorders, an unforeseen level of claims or unforeseen disasters the Management Committee, subject to the sanction of the National Executive Council, shall have the power to limit or defer any or all of the benefits specified in this Rule.
10.2 LEGAL BENEFITS
1. The National Executive Council, or the Trustees, may institute or defend any legal proceedings and pay the whole or part of the costs thereof in any matter affecting the welfare of the Union, or on behalf of a Member or of the dependants of a deceased Member, in all matters arising out of the employment of the Member, or in respect of a Member’s authorised activities as a Member of the Union.
2. No Member shall be entitled to legal benefits unless such person has been a Member and has paid contributions for a period of at least thirteen weeks. The conditions and procedures to be observed in applying for legal benefit shall be as prescribed by the National Executive Council. The decision to grant or refuse legal benefit on all applications therefore shall be at the absolute discretion of the National Executive Council whose decision shall be final.
10.3 DISTRESS FUND
1. The National Executive Council shall establish a Distress Fund. The Fund shall be financed by an amount equal to €0.13 per week apportioned from the contributions of Union Members for the purposes of relieving distress amongst Members of the Union paying such contributions. The National Executive Council will arrange for the transfer from time to time from the Central Fund all monies so apportioned to a separate fund known as the Distress Fund.
2. The administration of the Distress Fund shall be under the control of the National Executive Council which shall have an absolute and uncontrolled discretion as to whether any particular payment or payments should be made therefrom and if so the amounts and terms of such payment or payments.
3. All payments made by/from the Distress Fund that the National Executive Council, in its absolute discretion thinks fit to make, shall be to Members who submit claims for such payments on forms to be provided and which are signed by the claimants Branch Secretary who will submit them to the General Secretary for consideration by the National Executive Council.
4. The National Executive Council shall have the power, in the event of a serious strain on the fund, to either stop payments from the fund or diminish such payments or close the fund subject to review by Biennial Conference following such decision. No Member shall have any claim whatsoever in respect thereof on the Union or any of its Officers or Members resulting from such a National Executive Council decision.
10.4 LEVY
1. The National Executive Council shall have the power to impose a special levy on some or all of the Membership to augment any of the Funds provided for under these Rules or for any other purpose deemed to be appropriate by the National Executive Council.
2. A Branch Committee shall have the power to propose a levy on the Members of that Branch. Any such levy or increase thereof must be agreed to by the Members of that Branch at the AGM or at a Special meeting of the Branch called for that purpose. Such levy or any increase thereof will only take effect when ratified by the National Executive Council.