Garda Crest

New Circular - 12th March 2014 - AGM details and Accounts 2013

Cumann Naoimh Pól Liaigh-Chonganta an Ghárda
(St. Paul's Garda Medical Aid Society)

Rules

Registered under the Friendly Societies Act, 1896

Index

Rule Number
Accounts 44, 45, 52
Adjournment of Meeting 40
Annual General Meeting 28, 35, 36, 40
Amendment of Rules 55
Annual Returns 49, 50
Assistant Secretary 24
Audit 46, 47
Bank Account 42
Benefits - Application for 13, 14, 15, 16
Benefits - Determination of 11, 12
Committee 17, 18, 19, 20
21, 22, 26, 38
Constitution 2
Copies of Rules 54
Correspondence 65
Dissolution of Society 60
Disputes 59
Extraordinary General Meeting 29, 32, 33, 35
Expenses 43
Forms 64
Funds 7, 10
Inspection of Books and Accounts 48
Interpretation 66
Investments 41
Meetings of Committee 30, 31, 34, 38
38, 39, 40
Membership of Society 5, 6
Nomination Form Schedule 1
Objects and Purposes of the Society 4
Officers 21, 27
Quinquenial Valuation 47, 51
Quorum at Meetings 39
Recording Secretary 25
Registered Office 3
Requisition to Convene Meetings 32
Secretary 22, 65
Settlement of Disputes 59
Special Meetings 31
Standing Orders 61, 62, 63
Sub-committee 37
Subscriptions 8, 9
Termination of Membership 6
Title of Society 1
Treasurer 23, 44
Trustees 56, 57, 58
Winding up of Society 53

TITLE OF SOCIETY

1. The title of the Society shall be “Cumann Naoimh Pol Liagh-Chonganta an Gharda” (St. Paul’s Garda Medical Aid Society) hereinafter in these rules referred to as “the Society”.

CONSTITUTION OF SOCIETY

2. The Society is a friendly Society composed solely of members of An Garda Siochana, Student members of An Garda Siochana, retired members of An Garda Siochana and former members of An Garda Siochana entitled to a Garda Pension who were members of the Society on the date of retirement or to leaving the Force, all of whom are appointed under Sections 9, 10, 13, 14 and 52 of the Garda Siochana Act 2005 or under an enactment repealed by that Act, all of whom are entitled to register dependants as defined in Rule 66(k) and their widow and widower or partner on cover with the Society at the demise of the member. Membership of the Society ceases on the demise of the widow, widower or partner who are precluded from nominating any future spouse/partner or children as dependants.

REGISTERED OFFICE

3. The registered office shall be in the Republic of Ireland at such place as the Committee may from time to time determine. In the event of any change in the situation of the Registered Office, notice of such change shall be sent within fourteen days thereafter to the Registrar of Friendly Societies in the form prescribed in the Statutory Regulation in that behalf.

OBJECTS AND PURPOSES OF THE SOCIETY

4. The Society is established for the purpose of providing by the voluntary subscriptions of the members, by contributions and donations, or otherwise, a fund or funds, out of which the Committee may, subject to the provisions of these rules and the schedule of benefits:
(a) Afford the necessary facilities to members of the society in procuring specialised medical and surgical treatment and
(b) Grant relief to members of the Society in such cases as the Committee consider deserving of consideration because of special hardships which have arisen.

MEMBERSHIP OF THE SOCIETY

5. Membership of the Society shall be open to:-
(a) The persons defined in Rule 2 who apply for membership.
(b) An applicant for membership of the Society shall, prior to his admission as a member thereof, agree to pay a subscription to the funds of the Society at such time and in such manner as shall from time to time be prescribed by the Committee.
(c) On payment by a member of his first subscription he shall be deemed to be a member of the Society and to accept and be bound by the Rules thereof.
(d) Any member, former member, widow or widower not applying as provided for above shall not be admitted to membership of the Society except by approval of and under the conditions laid down by the Committee whose decision shall be final.
5.1 Waiting Periods
A waiting period from the date of payment of first subscription during which no benefit will be payable will apply to all new entrants to the Society who are not currently insured elsewhere as follows:

Age on JoiningWaiting Period
Under 55To a maximum of 26 weeks
Over 55 and under 65To a maximum of 52 weeks
65 and overTo a maximum of 104 weeks

This following provision will apply to a member upgrading cover from the Standard to the Comprehensive Scheme - The waiting periods as defined in Rule 5.1 and 5.2 will apply to serving members of the Garda Siochana. Retired members and their dependants must have been members of the Comprehensive Scheme on the date of retirement or to leaving the Force and cannot subsequently upgrade to it.
On transferring from another insurer, a "waiting period" of 2 years if you are under 65 years of age and 5 years if you are over 65 years of age will apply to any enhanced inpatient or outpatient benefits provided by the Society over and above that provided by your previous medical insurer.
5.2. Pre-existing Medical Conditions
No benefit is payable in the case of any medical condition existing prior to being accepted for membership. Cover for that particular condition will only commence after the following periods of continuous membership.

Age on JoiningExclusion Period
Under 55to a maximum of 5 years
55 and under 60to a maximum of 7 years
60 and overto a maximum of 10 years

This provision will also apply to serving members upgrading cover from the Standard to the Comprehensive Scheme.
5.3. Break in Cover
If there is a break of more than 13 weeks in your health insurance cover with the Society or any other medical insurer an application to rejoin the Society will be treated as a new application and the waiting periods as at 5.1 and 5.2 will apply.

TERMINATION OF MEMBERSHIP OF THE SOCIETY

6. A member of the Society shall cease to be such on the happening of any of the following events:
(a) Where a member of the Society in the opinion of the committee misapplies or fraudulently claims or obtains or attempts to obtain any monies of the Society.
(b) Where a member of the Society on his failing to pay his subscription for a period equivalent to 12 weeks subscriptions in any one year provided always that in this event his name shall not be removed from the Register of Members unless he shall have failed to pay the arrears of subscriptions outstanding within seven days after notice in writing shall have been served on him by registered post requiring him to do so.
(c) Where a member of the Society on his giving one months notice in writing to the Society of his intention so to do and on the expiration of such notice he shall cease to be a member.
A member of the Society ceasing from any cause to be a member of the Society shall not be entitled to a refund of any monies subscribed by him to the Society during his membership thereof.

CONSTITUTION OF THE FUNDS OF THE SOCIETY

7. The funds of the Society shall consist of:
(a) Subscriptions received from members of the Society.
(b) Interest on the investments of the Society and profit accruing from any such investment, including profit from purchase and/or sale of any freehold or leasehold property.
(c) Donations, bequests, or other monies, received from any person or persons.

SUBSCRIPTIONS OF MEMBERS

8. The subscriptions of the members of the Society shall be at the rates agreed from time to time by the committee of the Society.

PAYMENT AND COLLECTION OF SUBSCRIPTIONS

9. The first subscription to the Society shall be payable as soon as conveniently possible after the coming into operation of these rules and thereafter subscriptions shall, subject to the provisions of this rule, be payable as may from time to time be prescribed by the committee.

APPLICATION OF FUNDS OF THE SOCIETY

10. The funds of the Society shall be applied as follows:
(a) in carrying out the objects and purposes of the Society,
(b) in paying the expenses of management,
(c) in purchasing in any freehold or leasehold estate and property for the benefit of the Society in accordance with the rules of the Society.
Any member of the Society misapplying the monies thereof shall repay the amount misapplied without prejudice to his liability to prosecution for such misapplication.

DETERMINATION OF BENEFITS

11. The benefits given by the Society directly to its members shall be in the nature of a monetary grant or a weekly allowance, or both. Determination as to the validity of claims shall be in the discretion of the Committee. The amounts to be paid shall be in accordance with benefits approved by the Committee and in existence from time to time and subject to the limits set by the Friendly Societies Act1896.
The Committee may in its discretion require as a prior condition to the grant of benefit that the applicant shall secure medical treatment or advice in an institution or from a medical practitioner approved by the Committee.
Alternatively to benefit by way of monetary grant or allowance the Committee may require an applicant for benefit to obtain medical treatment or advice or both in an institution or from a medical practitioner approved by the Committee. Subject to the provisions of these rules, the Committee shall, if satisfied that a case is eligible for and deserving of benefit from the Society, grant such benefit.
It shall be at the discretion of the Committee to pay such benefit directly to such medical practitioner or institution.

LIABILITY OF THIRD PARTY CLAIM

12. Where a member incurs expense or suffers hardship and it is subsequently found that a third party is liable for such expense or hardship, then, if such expense or hardship has already been defrayed by the Society, it shall be refundable by the member to the Society.
(a) Where a members compensation claim against a Third party is settled and he/she fails or refuses to refund such expenses claimed from and paid by the Society, the Committee having investigated all aspects of the matter may expel such member from the Society.
(b) Following expulsion from the Society and on written application to rejoin having first reimbursed the outstanding expenses defrayed by the Society, the Committee may re-admit the member and apply a “waiting period” before the benefits of the Society apply.

APPLICATION FOR BENEFIT

13. Every application for benefit from the Society shall be made in writing. The application shall be made on a form to be provided for that purpose by the Committee. It shall be properly completed and transmitted to the Secretary. It shall be a prior condition to the grant of any benefit by the Society that the application for such benefit is made within three calendar months of the date the expense involved in the particular application was incurred unless in exceptional circumstances.

APPLICATIONS TO BE ACCOMPANIED BY MEDCIAL CERTIFICATES

14. Every application for benefit from the Society must, unless otherwise determined by the Committee either generally or in a particular case, be accompanied by original itemised bill(s) and original receipts for the amounts expended by the member.
The Committee may refer to, or discuss with, the surgeon of the Garda Siochana or any duly qualified medical practitioner(s) or any other person or institution from whom/which a supporting bill/receipt has been obtained, any application for benefit under these rules.

BENEFITS TO BE CONFINED TO MEMBERS

15. Benefits paid under these rules shall be confined to paid up members of the Society and their registered dependants. It shall be the responsibility of the member to ensure that his subscription is at all times up to date and that all his dependants are registered. All members must register change in status (marriage, birth of children etc.) within two calendar months of such change.

BENEFITS TO BE PAID OUT OF INCOME

16. All benefits under these rules shall be paid out of the income of the Society. Provided, however, that the total paid in such benefits in any financial year shall not exceed the income of the Society for that year together with any balances remaining undisposed of at the end of the previous financial year.
In these rules the expression financial year shall be the year commencing on first day of January of any year and ending on the thirty first day of December following.

COMMITTEE

17. The Committee shall consist of the Secretary who shall be a non-voting member and twenty members of the Society, nine of whom shall be nominated by the Staff Associations on the basis of six from the Garda Representative Association, two from the Association of Garda Sergeants and Inspectors, and one from the combined Representative Bodies for Superintendents and Chief Superintendents, one of whom shall be nominated by the Garda Siochana Retired Members Association and ten of whom shall be elected prior to the Annual General Meeting every fourth year commencing in 2011, by means of postal ballot based on provinces as follows:
Connaught/Ulster, 2 members; Munster, 3 members; Leinster (excluding the DMR and including Garda Headquarters), 2 members; DMR, 3 members.
(a) In order to be eligible for election to the Committee a member must have his subscription paid up to date and must be nominated and seconded in writing by two other members of the Society in the province. He shall indicate his willingness to accept the nomination in writing. The nomination shall be with the Secretary not less than 8 weeks before the Annual General Meeting. The names of the nominees of the Staff Associations and Garda Siochana Retired Members Association must be notified in writing to the Secretary of St. Paul’s Garda Medical Aid Society prior to their participation at a meeting of the Committee.
(b) The nominated and newly elected members of the Committee shall take up office at the conclusion of the Annual General Meeting. (c) Candidates for election to the committee on request in writing will be provided with the names and addresses of the electorate in his/her electoral province and will ensure the security and confidentiality of the data and that it is used solely for electoral purposes.

POWERS AND DUTIES OF THE COMMITTEE

18. The Society shall be governed by the Committee who shall have full power to superintend and conduct the business of the Society subject to, and in accordance with the rules thereof, and shall in all things act for and in the name of the Society. The Committee shall be responsible to the Annual General Meeting for the proper administration of the affairs of the Society. It shall have the power to appoint a manager and staff. The Committee shall see that the books of the Society are regularly kept, and that all minutes and resolutions are correctly entered and carried into effect, and shall control and direct the duties of the Secretary, Assistant Secretary and Treasurer (See Rules 22,23,24).
18(a). Each member of the committee and trustee of the Society on taking up office shall sign a written declaration stating that during his/her term of office or any time thereafter, he/she shall not disclose or permit to be disclosed any medical or other information concerning a member of the Society or his/her registered dependants, except with the expressed authorisation of the committee.

TERMINATION OF MEMBERSHIP OF THE COMMITTEE

19. The office of a Committee member shall be vacated
(a) if he resigns from office provided that he gives twenty one days notice in writing to the Secretary of his intention to do so.
(b) if he ceases to be a member of the Society.
(c) in the case of an elected member if he is not permanently attached to a station in the region or in the case of a retired member or retiring member is not residing in the region he is elected to represent, except where the member does not change address on retirement.

SUSPENSION OF MEMBERS OF COMMITTEE

20. Where it is alleged that a member of the Committee by an act of commission or omission acts in a manner prejudicial to the interests of the Society the following procedures will apply.
20.1 The Committee will appoint an Investigation Committee of three of its members to investigate the issue and interview all persons concerned including the committee member and make any reasonable enquiries in order to establish the facts.
20.2 The Investigation Committee having completed a report on its enquiries will provide a copy to the Committee and to the Committee member concerned for their consideration.
20.3 Within a reasonable period thereafter but not exceeding one month, the Committee in the absence of the Trustee’s will convene a special meeting to hear from the Investigating Committee in the presence of the Committee member concerned, who may also make a statement/submission and produce any documents in response to the complaint.
20.4 The Committee in the absence of the Investigation Committee and the member concerned will determine if the complaint has or has not been proven. If proven, the Committee may apply sanctions as follows; advice, censure, temporary suspension from the Committee and suspension from the Committee to the end of its term of office and communicate their finding and sanction in writing to the member concerned.
20.5 Up to one month following receipt of the finding and sanction applied by the Committee, the Committee member concerned may lodge an appeal against the finding and/or sanction by notice in writing to the Secretary.
20.6 On receipt of an appeal the Committee will within one month set up an Appeals Board consisting of one Trustee of the Society and two independent persons unconnected with the Society. The Appeals Board will hear a report/submission from the Investigation Committee and from the member concerned and from any witnesses that he/she may wish to produce. They may also hear from any persons they consider appropriate and relevant to the issue.
20.7 The Appeals Board may determine the issue as proven or not. If proven, they may affirm the sanction applied by the Committee or vary it within the parameters outlined in rule 20.4. They will communicate their decision in writing to the member concerned and to the Committee and their decision is binding on both parties.

ELECTION OF OFFICERS

21. On the occasion of its first meeting, following election, the Committee shall elect from amongst its members a Chairman, a Vice-Chairman and a recording Secretary.

SECRETARY

22. The Committee shall employ under contractual agreement a suitably qualified member of the Society as Secretary. The Secretary shall be a non-voting member of the Committee. The Secretary shall perform such duties and may receive such remuneration as the Committee may direct.
The Secretary shall hold office during the will and pleasure of the Committee for the time being and may be removed at any time in accordance with the provisions contained in these rules.
The Secretary shall, unless unavoidably absent, attend all meetings of the Committee and Sub-Committees or of the members of the Society. He shall receive applications for admission to the Society.
He shall produce all books, documents, property and money of the Society in his possession and render a full and clear account at each audit and whenever required by resolution of the Committee or by the Trustees. He shall also pay over all monies and give up all books, documents and property belonging to the Society when ordered to do so by the Committee or by the Trustees. He shall summon and give notice of all meetings of the Committee or of members of the Society, and keep the accounts, documents, and papers of the Society in such manner and for such purposes as the Committee may appoint.
The Secretary shall receive all applications for benefit from the Society and shall prepare and send all returns and other documents required by the Friendly Societies Acts, or the Statutory Regulations, to be sent to the Registrar of Friendly Societies.
The Secretary shall, on all occasions, in the execution of his office act under the superintendence, control and direction of the Committee.

TREASURER

23. The Committee shall employ a suitably qualified member of the Society as Treasurer, who also may be the Secretary.
The Treasurer shall hold office during the will and pleasure of the Committee for the time being and may be removed at any time, in accordance with the provisions of these rules.
The Treasurer shall take charge of the funds of the Society which are not invested and pay all demands when ordered to do so by the Committee. He shall balance his accounts at the end of each financial year and shall produce all books, documents, property and money of the Society in his possession and render a full and clear account at each audit, and whenever required by resolution of the Committee. He shall also give up all books, documents, monies and property of the Society in his possession when required to do so by the Trustees.
The Treasurer shall give receipts for monies received by him on a form to be prescribed by the Committee for that purpose. He shall balance his cash account monthly and supply the Secretary with a duplicate thereof and shall unless unavoidably absent, attend every meeting of the Committee and of members of the Society, but unless he is a member of the Committee he shall not vote on any matter to be decided at a meeting of that Body.

ASSISTANT SECRETARY

24. The Committee shall employ a suitably qualified member of the Society as Assistant Secretary who shall work under the direction of the Secretary and Committee and his duties and responsibilities should be set out in his terms of appointment. He shall at all times comply with any reasonable request of the Chairman, Secretary or Treasurer. He shall attend any meetings at the request of the Secretary but shall not be entitled to vote at such meetings.

RECORDING SECRETARY

25. The Recording Secretary shall record correctly the names of the persons present at each meeting and the minutes of the proceedings, which he shall transcribe into a book to be authenticated by the signature of the Chairman as the proceedings of the meeting.

FILLING OF VACANCIES ON COMMITTEE

26. The Committee shall have the power at its first meeting held next after the expiration of fourteen days from the time a vacancy occurs to fill such vacancy by co-option from among the members of the Society in the Province concerned (a) The unsuccessful candidate with the next highest number of votes, willing to serve, at the most recent election or (b) where there are no unsuccessful candidates or where all the unsuccessful candidates do not wish to serve on the Committee, by co-option from amongst the members of the Society in that Province. Provided, however, that a vacancy among the officers of the Society shall be filled in accordance with the provision of these rules.

FILLING OF VACANCIES IN OFFICERSHIP OF SOCIETY

27. In the event of any vacancy or vacancies occurring during their term of office among the officers of the Society such vacancy or vacancies shall be filled in the following manner, that is to say:
(a) Where a vacancy occurs amongst the officers of the Society the Committee shall at its next meeting elect one of its members to fill such vacancy and the person so elected shall be a member of the Committee and an officer of the Society in the same way and subject to the same limitations as if he had been elected to the position pursuant to the provisions of Rule 21 of these rules.

ANNUAL GENERAL MEETING

28. The Annual General Meeting of the Society shall be held not later than the thirtieth day of April of every year.
All motions for the Annual General Meeting must be with the Secretary six weeks before the date on which the Annual General Meeting is to be held.

EXTRAORDINARY GENERAL MEETING

29. The Committee may, whenever it thinks fit, convene an Extraordinary General Meeting of the Members of the Society to consider special business.

MEETING OF COMMITTEE

30. The Committee shall meet as often as may be necessary but not less than once in every quarter.

SPECIAL MEETINGS OF THE COMMITTEE

31. The Secretary shall, upon receipt of a requisition signed by one or more of the trustees, or by not fewer than five members of the Committee convene a special meeting of the Committee to consider such special business as shall be specified in the requisition. Such special meetings shall be convened within fourteen days after the receipt of the requisition by the Secretary, and not less than three clear days’ notice thereof, specifying the special business to be considered thereat, shall be given to every member entitled to attend such meeting.

REQUISITION TO CONVENE EXTRAORDINARY GENERAL MEETING

32. The Committee shall, upon receipt of a requisition in writing signed by not fewer than four hundred members of the Society, convene a General Meeting of the members of the Society to consider the business specified in such requisition and such other business, if any, as, in the opinion of the Committee, is proper to be considered at such meeting.

TIME WITHIN WHICH MEETINGS TO BE HELD ON REQUISITION

33. Every requisition to convene an Extraordinary General Meeting of the members of the Society, shall specify the nature of the business, and the precise terms of any resolution which it is proposed to submit to each meeting, and a meeting required by any such requisition to be convened shall be convened within one month after the receipt of such requisition by the Secretary.

NOTICES OF MEETINGS OF COMMITTEE

34. In normal circumstances not less than three clear days’ notice of any meeting of the Committee specifying the place, the day, and the hour of the meeting, and in the case of all special business the nature of such business and the precise terms of such resolution which it is proposed to submit to the meeting shall be given to every member of the Committee.

NOTICES OF MEETINGS OF MEMBERS OF THE SOCIETY

35. Every Annual General or Extraordinary General Meeting of the members of the Society shall be convened by notice by ordinary post or email to each member, 21 days in advance, specifying the place, the day, and the hour of the meeting, and in general terms the nature of the business it is convened to consider, and included in such notice the precise terms of any resolutions that it is proposed to submit to the meeting, and also attached thereto a balance sheet showing the final transaction involving the Society, duly audited for the relevant year under discussion at that particular meeting.
A notice may be given by the Committee to any member either personally or by sending it by post or email addressed to him at his registered address or email address. Any notice sent by post or email shall be deemed to have been served at the time when the letter or email containing the same would be delivered in the ordinary course of the post or email.

PLACE OF MEETINGS

36. The Annual General Meeting of the Society shall be held at such place and at such time as the Committee decides.

SUB-COMMITTEE

37. The Committee may constitute and appoint and act by sub-committees of any of its members and may delegate to any such sub-committee such of their powers as they may in their discretion think fit, provided that no such sub-committee shall consist of fewer than three members. The Chairman shall be an ex-officio member of all Sub-Committees.

PROCEDURE AT MEETINGS OF COMMITTEE

38. The Chairman shall, where practicable, preside as Chairman at every meeting of the Committee. In the absence from any meeting of the Chairman and the Vice Chairman the members present shall choose some one of their number to be Chairman of such meeting. Every member present shall have one vote. The Chairman of every meeting shall regulate the proceedings thereof, and every question properly submitted to the meeting shall be decided in accordance with standing orders, and in the case of an equality of votes he shall have a casting vote in addition to his vote as a member. A declaration by the Chairman of a meeting that a resolution has been carried, and an entry to that effect in the minute book, shall be sufficient evidence of the fact without proof of the number or proportion of votes recorded in favour of or against such resolution.

QUORUM AT MEETINGS

39. No business shall be transacted at any meeting of the Committee unless there are present for the transaction of ordinary business a quorum of nine members, and for the transaction of special business a quorum of fourteen members.

ADJOURNMENT OF MEETING

40. The Chairman of any meeting may, with the consent of the meeting, adjourn it from time to time or from place to place.

INVESTMENT OF MONIES

41. So much of the Society’s monies as may not be required for immediate use or to meet its normal accruing liabilities shall, with the consent of the Committee, be invested by the Trustees in any of the following ways:
(a) In public funds, or
(b) In any security authorised by law for the investment of trust funds.
The investments of the Society may, from time to time with the sanction of the Committee, be varied in the interest of the Society, and for the purpose of such variation may be realised from time to time.

BANK ACCOUNT

42. The Committee shall cause the bank account to be kept in the name of the Society. All cheques issued on behalf of the Society shall bear two signatures. The signatures shall be that of the Chairman or Secretary or Treasurer and one other person as decided by the Committee from time to time.

EXPENSES

43. All expenditure that the Committee shall deem requisite for the proper carrying out of the objects and purposes of the Society shall be a first charge on the monies thereof.
No expense shall be incurred on behalf of the Society by any person on any account whatsoever unless such expense shall have been previously authorised by the Committee. All accounts of authorised expenditure shall be sent to the Secretary, and, having been allowed by the Committee shall be defrayed by the Treasurer out of the income of the Society.

PAYMENT AND KEEPING OF ACCOUNTS

44. The Treasurer shall keep accounts of all receipts, credits, payments and liabilities of the Society, and of all other matters necessary for showing the financial position of the Society.

ACCOUNTS TO BE KEPT IN PROPER BOOKS

45. The Committee shall cause the accounts of the Society to be regularly entered in proper books. A statement of the receipts and disbursements of the monies of the Society shall be prepared at the close of each financial year and shall be submitted, after examination by the auditors, for the consideration of the Annual General Meeting next following.
The Committee shall lay before the meeting an account of the income and expenditure of the Society for the year ended on the preceding 31st day of December, together with a statement exhibiting truly and correctly the financial position of the Society.

AUDIT

46. Before every Annual General Meeting of the Society, the Accounts and Balance Sheet of the Society for the preceding year shall be examined and their correctness ascertained and certified by one of the public auditors appointed under the Act. The auditors shall have access to the books and accounts of the Society, shall examine the balance sheet and verify it with the accounts, vouchers, deeds, documents and securities, and shall sign it if found by them to be correct, duly vouched and in accordance with law, or specially report to the Society in what respect they find it incorrect, unvouched, or not in accordance with law.
The auditors who sign the certificate and balance sheet must examine the accounts for the whole of the year to which it relates.
The auditors shall be appointed by the Committee.

BALANCE SHEET, SPECIAL REPORT OF AUDITOR AND QUINQUENNIAL VALUATION TO BE AVAILABLE IN THE SECRETARY’S OFFICE

47. It shall be the duty of the Committee to keep a copy of the last annual balance sheet, together with any special report of the auditors, always available for inspection by any member of the Society at the office of the Secretary of the Society, and it shall be the duty of the Secretary to produce such balance sheet or report at his office on demand by a member of the Society.
The Society shall cause to be kept always hung up in a conspicuous place at its registered office a copy of the last annual balance sheet and of the last quinquennial valuation, together with a copy of any special report of the auditors thereon.

INSPECTION OF BOOKS AND ACCOUNTS

48. The Committee shall cause the books of the Society to be available for inspection by any member, or by any person having an interest in the funds of the Society at all reasonable hours at the registered office of the Society, or at any place where the books are kept and it shall be the duty of the Secretary to produce the said books accordingly.

ANNUAL RETURN

49. Every year before the first day of June the Committee shall cause the Secretary to send to the Registrar the Annual Return in the form prescribed by the Registrar of Friendly Societies, of the receipts and expenditure, funds and effects of the Society, and of the number of members of the Society up to the thirty first day of December then last inclusively, and audited and laid before an Annual General Meeting, together with a copy of any special report of the auditors. Such return shall state whether the audit has been conducted by a public auditor appointed under the Act, and by whom.

COPY OF ANNUAL RETURNS TO BE SUPPLIED ON APPLICATION

50. It shall be the duty of the Committee to provide the Secretary with a sufficient number of copies of the last annual return, or of some balance sheet or of some other document duly audited containing the same particulars as in the annual return as to the receipts and expenditure, funds and effects of the Society, for supplying gratuitously every member or person interested in the funds of the Society, on his application with a copy of the last annual return of the Society, or of such balance sheet or other document for the time being, and it shall be the duty of the Secretary to supply such gratuitous copies on application accordingly.

QUINQUENNIAL VALUATION

51. Once at least in every five years the assets and liabilities of the Society (including the estimated risks and contributions) shall be valued in the manner provided by the Act by a valuer to be appointed by the Society.
It shall be the duty of the valuer at the cost of the Society to make a report to be signed by him on the condition of the Society, and also an abstract result of his valuation in the form prescribed by the Registrar. On receiving such report it shall be the duty of the Committee as soon as conveniently may be to call a meeting and to lay such report and the abstract of the result of the valuation before such meeting.
It shall be the duty of the Secretary to forward such report and abstract to the Registrar and to prepare and forward therewith a statement containing such information with respect to the benefits assured and the contributions receivable by the Society, and its funds and effects, debts, and credits as the Registrar may require.

SEPARATE ACCOUNTS

52. Separate accounts shall be kept of all monies received or paid on account of any particular fund or benefit assured by the Society for which a special contribution is payable, distinct from all monies received and paid on account of any other benefit or fund.
A separate account shall also be kept of the expenses of management of the Society.

APPLICATION FOR INVESTIGATION OF AFFAIRS, OR FOR WINDING UP OF SOCIETY

53. Upon application by writing under their hands, one fifth of the total number of members of the Society, or if the number of members is a thousand or over then such number of members as is pre-scribed by the Act, may apply to the Registrar for an investigation of the affairs of the Society, or for the calling of a special meeting of the Society for the winding up of the Society.

COPIES OF RULES

54. The rules of the Society are available to view and to print on our website at www.medicalaid.ie or a copy will be provided from the Society's office free of charge to any member requesting same.

AMENDMENT OF RULES

55. A new rule shall not be made, nor shall any of the Rules herein contained or hereafter to be made, be amended, altered, or rescinded, unless with the consent of a majority present at the Annual General Meeting of the Society except in the case of rule 17 where a two thirds majority will apply. Any specific amendment of rule 17 which has been rejected by the annual general meeting shall not be considered again before the 3rd subsequent annual general meeting.
A new rule or any amendment of a rule shall not be valid until registered. A copy of such a new rule or amendment, signed by three members and the Secretary, shall be sent to the Registrar.

TRUSTEES

56. There shall be three trustees of the Society, each entitled to serve a term of six years commencing at the conclusion of the annual general meeting at which they are appointed and extending to the conclusion of the sixth subsequent annual general meeting. The current most senior trustee will retire at the conclusion of the AGM in 2010 and one trustee will retire every second year thereafter and replacements will be appointed in accordance with these rules.
Candidates for position of trustee will be members of the Society in good standing and are not declared bankrupt, excluding employees of the Society and will be nominated by four members of the committee at the committee meeting prior to the annual general meeting every second year. In the event of more than one candidate being nominated, the committee itself by secret ballot will determine the name to go forward to the annual general meeting for appointment. A trustee cannot hold any other office in the Society. An outgoing trustee shall be eligible for reappointment.
The Secretary shall send to the Registrar a copy of every resolution appointing a trustee or trustees within fourteen days after the date of the meeting whereat such resolution was passed, in the form prescribed by the Statutory Regulation in that behalf, and such resolution shall be signed by the trustee or trustees so appointed and by the Secretary of the Society.
All property and assets belonging to the Society, whether acquired before or after the registration of the Society, shall vest in the trustees for the time being of the Society for the use and benefit of the Society and of the members thereof, and of all persons claiming through such members according to the rules of the Society. A trustee who is declared bankrupt shall cease to be a trustee with immediate effect.
A trustee may relinquish his office as trustee by twenty one days’ notice in writing addressed to the Secretary of his intention to do so.
In the event of any trustee dying, resigning or being removed from, or otherwise ceasing to hold office, a new trustee shall be appointed in the manner provided in this rule for the appointment of trustees and such member shall hold office for the remainder of the term of office of the member he/she is replacing.

ADMITTANCE OF TRUSTEES TO MEETINGS

57. The Trustees shall be admitted to all meetings of the Society, and of the Committee, and shall be at liberty to take part in the proceedings thereof, but shall not be entitled, as Trustees, to vote on any question under discussion.

CUSTODY OF SECURITIES

58. The trustees shall be the persons to sue or be sued on behalf of the Society. The trustees shall not be liable to make good any deficiency in the funds of the Society, but shall be liable only for such sums of money as shall be actually received by them on account of the Society.
All deeds, documents of title, and securities for money shall be held by the trustees, and they shall take such measures for the safe custody and preservation thereof, at the expense of the Society, as they shall think fit, and they shall be responsible for the safe custody of all such deeds, documents and securities as are placed in their hands or under their control, and shall produce them for inspection by the auditors when required by them, and whenever else required by resolution of a meeting of the Committee. (a) Business contracts negotiated by the Society with all suppliers to be signed by the Secretary on behalf of the Committee. (b) Employment Contracts with the Office Manager, Claims Assessors and Office Staff to be signed by the Chairman and Secretary on behalf of the Committee. (c) Employment Contracts with the Secretary and Assistant Secretary to be signed by the Chairman and one Trustee on behalf of the Committee.

DISPUTES

59. If any dispute shall arise between a member or a person claiming through a member or under the rules of the Society, or any person aggrieved who has ceased to be a member, or any person claiming through such person aggrieved, and the Society, or any officer of the Society, it shall be decided by reference to the Committee whose decision shall be final.

VOLUNTARY DISSOLUTION

60. The Society may at any time be dissolved by the consent of five sixths in value of the members testified by their signatures to an instrument of dissolution in the form provided by the Statutory Regulations in that behalf, and also by the written consent of every person for the time being receiving or entitled to receive any relief, annuity, or other benefit from the funds, unless the claim of that person is first duly satisfied, or adequate provision made for satisfying such claim.
The value of members shall be ascertained by giving one vote to every member, and then an additional vote for every five years that he has been a member, but no member shall have more than five votes.

STANDING ORDERS

61. Standing Orders for the guidance of the Committee in the management of the Society in accordance with the provisions of these rules shall, as occasion may require, be drafted by the Committee and be submitted for the consideration of the Annual General Meeting.

RATIFICATION OF STANDING ORDERS

62. Every Standing Order approved and ratified by the Annual General Meeting shall take effect upon approval.

SUSPENSION OF STANDING ORDER

63. No Standing Order shall be suspended, except with the consent of two thirds of the members present.

FORMS

64. The Committee may prescribe such forms as may be deemed necessary or desirable for the purpose of giving full force and effect to these rules and may, from time to time, add to, vary, or amend any form so prescribed.

CORRESPONDENCE TO BE ADDRESSED TO THE SECRETARY

65. All correspondence in relation to the business of the Society shall be addressed to the Secretary, St. Paul’s Garda Medical Aid Society. Correspondence may be given to any member personally or may be sent to any member at his registered address or email address. Any correspondence sent by post or email shall be deemed to have been delivered.

INTERPRETATION

66. In these rules, unless there be something in the subject or context inconsistent therewith:-
(a) The expression “the Force” means Garda Siochana
(b) “Writing” includes typewriting, printing, lithography and any other mode of representing or reproducing words or figures in a visible form.
(c) Words importing the singular number include also the plural and words importing the plural number include also the singular.
(d) Words importing the masculine gender include also the feminine gender.
(e) The “Society” shall mean Cumann Naoimh Pol Liaigh-Chonganta An Gharda (St. Paul’s Garda Medical Aid Society).
(f) The “Committee” shall mean the Committee of the Society constituted in accordance with these rules.
(g) “member” shall have the meaning defined in Rule 2.
(h) The expression “the Commissioner” means the Commissioner of the Garda Siochana.
(j) “The Act” shall mean the Friendly Societies Act, 1896.
(k) The expression “dependant” means the wife/husband of the member, or at the election of the member, the partner of the member, children including adopted or fostered children and the children of the spouse or partner of the member, living with and financially supported by the member up to twenty three years of age who are not in full employment. On attaining the age of twenty three years where alternative health cover cannot be obtained the committee in its discretion may extend cover for a period not exceeding four years.
Application for such extension must be made on the dependant attaining the age of twenty three years.
(l) The expression “partner” means any person who is nominated by the member in writing and who is living as the husband or wife of the member and in the same household.