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, 48, 52 |
Adjournment of Meeting |
40 |
Annual General Meeting |
28, 35, 36, 40 |
Amendment of Rules |
55 |
Annual Returns |
49, 50 |
Secretary |
24, 27 |
Audit |
46, 47 |
Bank Account |
42 |
Benefits - Application for |
13, 14, 15, 16 |
Benefits - Determination of |
11, 12 |
Chairperson |
25 |
Committee |
17, 18, 19, 20 |
|
21, 26, 30, 38 |
Constitution |
2, 7 |
Copies of Rules |
54 |
Correspondence |
24, 65 |
Dissolution of Society |
60 |
Disputes |
59 |
Extraordinary General Meeting |
29, 32, 33, 35 |
|
55 |
Expenses |
43 |
Forms |
64 |
Funds |
7, 10 |
Inspection of Books and Accounts |
48 |
Interpretation |
66 |
Investment |
41 |
Meetings of Committee |
30, 31, 34, 38 |
|
39, 40 |
Membership of Society |
5, 6 |
Nomination Form |
Schedule 1 |
Objects and Purposes of the Society |
4 |
Officers |
21, 27 |
Quinquennial Valuation |
47, 51 |
Quorum at Meetings |
39 |
Secretary |
21, 24, 27 |
Registered Office |
3 |
Requisition to Convene Meetings |
32, 33 |
General Manager |
22, 47, 65 |
Deputy General Manager |
22A |
Settlement of Disputes |
59 |
Special Meetings |
31 |
Standing Orders |
61, 62, 63 |
Sub-committee |
37 |
Subscriptions |
8, 9 |
Termination of Membership |
6, 19 |
Title of Society |
1 |
Treasurer |
23, 27, 44 |
Trustees |
56, 57, 58 |
Vice-Chairperson |
21, 25A, 27 |
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 are or were holders of the Society's Comprehensive
Health Insurance Contract 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of the Garda Siochana Act 2005 or under an enactment repealed by that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 paying the current subscription and 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 Initial Waiting Period:
An initial waiting period from the date the contract commences during which no
benefit is payable, will apply to all new entrants to the Society, who do not currently hold
or held within the previous 13 weeks a private health insurance contract with a
licensed medical insurer within the State as follows;
New Member | Initial waiting period of 26 weeks |
Maternity Cover | Initial waiting period of 52 weeks |
Newborn/Adopted child | Covered providing he/she is named on the policy and appropriate subscription is paid. |
Upgrading Cover
On transferring from another medical insurer a "waiting period" of 2 years will apply
to any enhanced in-patient hospital benefits or enhanced out-patient benefits provided by
the Society over and above that provided under your previous medical insurance contract.
5.2. Pre-existing Condition Waiting Period
A pre-existing condition waiting period of 5 years from the date the contract commences
during which no benefit is payable, will apply to all new entrants to the Society,
who do not currently hold or held within the previous 13 weeks a private
health insurance contract with a licensed medical insurer within the State.
A pre-existing condition means an ailment, illness or condition, the signs
or symptoms of which existed at any time in the 6-month period prior to
becoming a new entrant to the Society. Medical insurance cover for that
particular ailment, illness or condition will only commence after 5 years
of continuous health insurance cover.
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.
5.3(a) Where a former Member ceased or was excluded from membership of the Society
while owing subscriptions, submits an application to rejoin the Society, the committee
at its discretion will determine the conditions to apply in respect of the outstanding
subscriptions.
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 13 weeks subscriptions in any one year provided always
that in this event his name shall not be removed from the Register of Members
by the rules compliance committee 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 post requiring him to do so at the registered address
the Member has provided to the Society.
(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. It is the sole responsibility of the
member to ensure that his correct address is recorded at the Society and that he is
aware of all persons insured under his policy and in respect of whom he pays the
appropriate subscription and to inform the Society in writing or by email where he
wishes to discontinue the medical insurance cover of any dependant. The Society
reserves the right to inform such dependant of the termination of their cover. Where
a member's medical insurance subscriptions are in arrears, the Society reserves the
right to withhold payment of any or all medical claims and/or use the proceeds of
any such claims to reduce the arrears due until such time as the arrears are eliminated.
8.1 Age at entry loadings:
The age at entry loadings as set out in Statutory Instrument number 312 of 2014 of
2% for each year by which a member's age exceeds 34 years subject to a maximum
loading of 70% at 69+ years of age will apply for any person taking out health
insurance for the first time. Credited periods will apply which will reduce a
person’s age at entry where that person had health insurance previously or were
in receipt of a relevant social welfare payment as set out in the above Statutory
Instrument.
8.2 Mandatory Discounts for Young Adults:
The mandatory discounts on the adult premium to apply to young adults as set out
in the terms of the Health Insurance (Amendment) Act 2014 have been adopted in full
by the committee of the Society. The effect of these discounts on young adult
subscription rates is set out in the Schedule of Benefits which is revised annually.
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 Act 1896-2021.
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 of the Society or any of his/her nominated dependants 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. The said member of the
Society will be required to provide a signed legal undertaking acknowledging his/her
liability for the medical expenses incurred by him/her and/or one of his nominated
dependants.
(a) Where a member of the Society or any of his/her nominated dependants 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 reserves the right to deduct such
expenses from the member's medical claims and/or employ all legal means to recoup the
debt to the Society including pursuing the matter through the courts.
(b) Where a member of the Society or any of his/her nominated dependants 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 Rules Compliance Committee having
investigated all aspects of the matter may expel such member from the Society.
(c) 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 General Manager. 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 twenty voting members as officers 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 Síochána Retired Members Association and ten of
whom shall be elected prior to the Annual General Meeting every fifth year, by means of
postal ballot based on regions as follows:
Connaught/Ulster, 2 members; Munster, 3 members; Leinster (excluding Dublin City and County),
2 members; Dublin City and County, 3 members.
(a) In order to be eligible for election to the Committee a member may only contest the election
for the region applicable to the registered address they have provided to the Society. Their
subscription must be paid up to date and they must be nominated and seconded in writing by two
other members of the Society in that region. The member shall indicate 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
Síochána 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) Candidates for election to the Committee on request in writing will be provided with the
names and addresses of the electorate in their electoral region and will ensure the security
and confidentiality of the data and that it is used solely for electoral purposes. They will
include a signed declaration in their request for the electorate list.
(c) The completed ballot paper shall be returnable to an independent Returning Officer in line
with the ballot dates established by the Committee.
(d) The nominated and newly elected members of the Committee shall take up office at the first
Committee Meeting immediately after the AGM in the year when an election is held.
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 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 approve the appointment of a General Manager and staff. The Committee shall
ensure that the books of the Society are regularly kept, and that all minutes and resolutions
are correctly entered and carried into effect and shall oversee and review the duties of the
General Manager, Deputy General Manager, Chairperson, Vice-Chairperson, Secretary and
Treasurer. The Committee shall act in compliance with all agreed procedures and policies in
place to ensure the running of the Committee and the associated functions are appropriately
accounted for and adhered to.
(a). Each member of the Committee and Trustee of the Society on taking up office shall sign a
written declaration stating that during their term of office or any time thereafter, they
shall not disclose or permit to be disclosed any medical or other information concerning the
business of the Committee or a member of the Society or their registered dependants, except
as required by law or as permissible by the rules of the Society.
TERMINATION OF MEMBERSHIP OF THE COMMITTEE
19. The office of a Committee member shall be vacated:
(a) on their resignation from office provided that twenty-one days’ notice in writing is given
to the Secretary of the intention to do so.
(b) on ceasing to be a member of the Society.
(c) in the case of an elected member if their registered address with the Society is not within
the region or in the case of a retired member or retiring member is not residing in the region
they were elected to represent.
(d) where a breach of the rules or procedures of the Society is determined against the member
following an appropriate investigation and the Committee deem it prudent to do so in accordance
with the rules of the Society.
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 Sub-Committee of three of its members to
investigate the issue and interview all persons concerned including the Committee member and
make any reasonable enquiries to establish the facts.
20.2 The Investigation Sub-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 at least one of the Trustees to preserve their impartiality will convene a special
meeting to hear from the Investigation Sub-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 Sub-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 for up to three years 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 with appropriate professional experience in dealing with such matters. The Appeals
Board will hear a report/submission from the Investigation Sub-Committee and from the member
concerned and from any witnesses that they 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 persons deemed suitable to be a Chairperson, a Vice-Chairperson, a
Treasurer and a Secretary.
GENERAL MANAGER
22. The Committee shall employ under contractual agreement a suitably qualified person as
General Manager. The General Manager shall perform such duties and may receive such
remuneration as the Committee may direct. The General Manager shall hold office and may be
removed at any time in accordance with the provisions contained in these rules and their
contract of employment. The General Manager shall, at the request of the Committee, attend
all meetings of the Committee, Sub-Committees and of the members of the Society. The
General Manager shall not be entitled to vote at any such meeting. 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 General Manager 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
1896 - 2021, or the Statutory Regulations, to be sent to the Registrar of Friendly
Societies. The General Manager shall, on all occasions, in the execution of his office act
under the superintendence, control and direction of the Committee.
DEPUTY GENERAL MANAGER
22A. The Committee shall employ a suitably qualified person as Deputy General Manager who
shall work under the direction of the General Manager and Committee. Their duties and
responsibilities shall be set out in their terms of appointment. They shall at all times
comply with any reasonable request of the Chairperson, General Manager or Treasurer. They
shall attend any meetings at the request of the Committee but shall not be entitled to vote
at such meetings.
The Deputy General Manager shall assume the responsibilities and perform such duties of the
General Manager as necessary in the absence of the General Manager.
TREASURER
23. The Committee may appoint a suitably qualified person from the Committee as Treasurer, who
shall not be the General Manager. The Treasurer shall hold office on the Committee for the time
being and may be removed at any time, in accordance with the provisions of these rules and the
term of their appointment.
The Treasurer will not be a Trustee or another office holder on the Committee and will retain
full voting entitlements on the Committee.
The Treasurer shall take charge of the funds of the Society which are not invested and ensure all
demands are paid when ordered to do so by the Committee. They shall balance their accounts at the
end of each financial year and shall produce all books, documents, property and money of the
Society in their possession and render a full and clear account at each audit and whenever
required by resolution of the Committee. The Treasurer shall also give up all books, documents,
monies and property of the Society in their possession when required to do so by the Trustees.
They shall review the monthly financial accounts and supply the Committee with a report thereof.
They shall at the request of the Committee attend meetings of the Committee, Sub Committee and of
members of the Society, but unless they are a member of the Sub-Committee, they shall not vote on
any matter to be decided at a meeting of that Body.
SECRETARY
24. The Secretary shall summon and give notice of all meetings of the Committee or of members of the
Society. The Secretary and the Chairperson will be responsible for drawing up the agenda for all
meetings of the Committee, which the Secretary will circulate to the Committee, Trustees and General
Manager. The Secretary shall keep the accounts, documents, and papers of the Society Committee in
such manner and for such purposes as the Committee may appoint.
In the absence from any meeting of the Secretary, the members present shall choose one of their
number to act as Secretary for the purposes of that meeting. They shall record correctly the names
of the persons present at each meeting and in minutes of the proceedings, which shall be authenticated
by the signature of the Chairperson of the meeting. In the absence of the Chairperson and
Vice-Chairperson, the Secretary shall call on the Committee to elect a Chairperson for that meeting.
The Secretary shall prepare and send all returns and other documents required by the Friendly Societies
Acts or Statutory Regulations.
All correspondence in relation to the business of the Society Committee shall be addressed to the
Secretary at the registered office.
CHAIRPERSON
25. The Chairperson shall preside as chair at all meetings of the Committee of the Society and will be
responsible, along with the Secretary for drawing up the agenda for such meetings. In the absence from
any meeting of the Chairperson, the Vice-Chairperson shall chair that meeting, otherwise the members
present shall choose one of their number to act as chair for that meeting. The Chairperson will manage
the meetings in accordance with the Standing Orders in place. A declaration by the Chairperson that a
resolution has been carried or defeated 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 any such resolution.
VICE-CHAIRPERSON
25A. The Vice-Chairperson will assume the role and responsibilities of Chairperson in their absence or
nonavailability at any time.
FILLING OF VACANCIES ON COMMITTEE
26. The Committee shall have the power at its first meeting held 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 Region concerned, whether; (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 Region. Provided, however, that a vacancy among the officers of the
Society shall be filled in accordance with the provision of these rules.
This process will be followed where a member of the Committee is unable to participate for a prolonged
period anticipated to be more than three consecutive Committee meetings. In such circumstances the
co-opted person will fill the vacancy for the period of absence of the Committee member as agreed by
the Committee.
In the case of non-elected members, where a member of the Committee is unable to participate for a
prolonged period, anticipated to be more than three consecutive Committee meetings, the relevant
Association will be requested to co-opt a suitable person who will fill the vacancy for the period of
absence of the Committee member as agreed by the Committee.
FILLING OF VACANCIES OF CHAIRPERSON, VICE-CHAIRPERSON, SECRETARY AND TREASURER OF THE SOCIETY
27. In the event of any vacancy or vacancies occurring during their term of office among the Chairperson,
Vice-Chairperson, Secretary or Treasurer of the Society Committee such vacancy or vacancies shall be
filled in the following manner:
Where a vacancy occurs amongst the said officers of the Society Committee, 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 they 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 twenty first day of May
of every year. All motions for the Annual General Meeting must be with the General Manager six weeks
before the date on which the Annual General Meeting is to be held.
(a) If, due to unforeseen circumstances the Annual General Meeting is postponed, it shall be rearranged
as soon as practicable thereafter and if this is not possible, the Committee may decide to convene a
virtual online Annual General Meeting.
(b) The postponement of an Annual General Meeting in any circumstance shall not interfere with the
ongoing management of the Society’s affairs or impinge upon or delay the implementation of the rules
of the Society.
EXTRAORDINARY GENERAL MEETING
29. The Committee may, whenever necessary, convene an Extraordinary General Meeting of the Members of
the Society to consider special business as determined essential by the Committee and which may be
dealt with as if the Extraordinary General Meeting were the actual Annual General Meeting.
MEETING OF COMMITTEE
30. The Committee and its sub-committees may meet in person or electronically as deemed prudent
depending on the circumstances prevailing. The Committee shall meet as often as may be necessary
but not less than once in every quarter. In the event of a Public Health Emergency or a State of
Emergency exists which decrees that gatherings of members of the public are restricted thus
preventing the gathering of members of the Committee in a specified place, the Officers of the
Society may determine that such meetings be held by electronic means. In circumstances where it
is determined by the Officers of the Society that a meeting of the Committee is necessary, as a
matter of urgency, such meeting may be held by electronic means following not less than twelve
hours’ notice of such meeting issued by electronic means. Such provisions shall only take effect
when the Officers of the Society are satisfied that all Committee members can arrange access to
facilities for the conduct of such electronic meetings.
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 unless circumstances necessitate an immediate
meeting, specifying the special business to be considered thereat, shall be given to every member
entitled to attend such meeting.
Where it is deemed necessary, the Chairperson, in consultation with the Secretary, may convene an
immediate meeting to deal with urgent special business, provided notification 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 General Manager.
NOTICES OF MEETINGS OF COMMITTEE
34. In normal circumstances not less than seven 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 by the Secretary.
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.
(a) If the Annual General Meeting is postponed and is reconvened at a later date either at a venue or by
virtual online means, it shall be sufficient to provide notice to the membership of the reconvened Annual
General Meeting seven days in advance by the means set out in rule 35.
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 subcommittee shall consist of fewer than three members.
The sub-committees shall act in compliance with all agreed procedures and policies in place to ensure
the running of the sub-committees and the associated functions are appropriately accounted for and
adhered to.
PROCEDURE AT MEETINGS OF COMMITTEE
38. The meetings shall be conducted in line with the agreed standing orders in place for the conducting
of Committee meetings in addition to the Society Code of Conduct and Confidentiality declarations.
Where a Committee member finds themselves with a clear and definable conflict of interest on an issue
under discussion at the Committee, such Committee member shall absent themselves from the Committee
meeting while it is considered. If they fail to do so and the Committee are satisfied that there is a
clear and definable conflict of interest, the Committee may with the consent of two thirds of the
members present, suspend the Committee member concerned for the period the issue is under discussion,
in line with the Conflict-of-Interest declaration signed by each Committee member. In such
circumstances the Committee may decide to pursue the procedures set out in Rule 20 of these Rules.
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 at least fifty percent of the members plus one.
ADJOURNMENT OF MEETING
40. The Chairperson of any Committee or sub-committee meeting of the Society 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 signatories shall be any two of the following persons,
General Manager, Secretary, Chairperson, Vice Chairperson, 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 General Manager, 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
statutory 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 GENERAL MANAGER’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 General Manager of the Society, and it shall be the duty of the General Manager 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 ACCOUNTS
48. The Committee shall cause the accounts of the Society to be available for inspection by any member
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 accounts are kept and it shall be the duty of the General Manager to
produce the said accounts accordingly.
ANNUAL RETURN
49. Every year before the 31st day of May the Committee shall cause the General Manager 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 statutory 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 General Manager 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 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 General Manager 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 General Manager 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 and voting at an Annual
General Meeting or an Extraordinary 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 an annual
general meeting or extraordinary 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 Committee members and the Secretary, shall be sent to the Registrar.
TRUSTEES
56. There shall be three Trustees as officers 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. One Trustee will retire or seek re-election
every second year thereafter and replacements will be appointed in accordance with these rules.
Candidates for the position of Trustee will be members of the Society in good standing, excluding current
employees of the Society or former employees of the Society within the last six-year period, 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 in accordance
with the standing orders in place for Committee meetings. 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 their office as Trustee by giving twenty-one days’ notice in writing to the Secretary
of the Society of their 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 at the next annual general meeting but otherwise 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 they are 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 Statutory 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 shall be signed by the General Manager
on behalf of the Committee.
(b) Employment Contracts with the Society Staff shall be signed by the General Manager on behalf of the
Society.
(c) Employment Contracts with the General Manager, Deputy General Manager, shall be signed by the
Chairperson and one Trustee on behalf of the Society. In the absence of the Chairperson the
Vice-Chairperson may fulfil this responsibility.
DISPUTES AND APPEALS
59. If either of the above 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 and approved by the
Committee.
RATIFICATION OF STANDING ORDERS
62. Every Standing Order approved and ratified by the Committee 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 GENERAL MANAGER
65. All correspondence in relation to the business of the Society shall be addressed to the General
Manager, 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 Síochána.
(b) “Writing” includes handwriting, e-mail, 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. Gender neutral terminology
is utilised wherever possible as the Rules are updated.
(e) The “Society” shall mean Cumann Naoimh Pol Liaigh-Chonganta An Ghárda (St. Paul’s Garda Medical
Aid Society).
(f) The “Committee” shall mean the Management Committee of the Society constituted in accordance with
these rules and in line with the provisions of the pertaining legislation in place. A sub-committee
shall refer to a sub-group of the Management Committee members with the Trustees of the Society and
other persons invited to attend to include staff and management of the Society as deemed appropriate.
(g) “member” shall have the meaning defined in Rule 2.
(h) The expression “the Commissioner” means the Commissioner of the Garda Síochána.
(j) “The Acts” shall mean the Friendly Societies Act, 1896-2021 and its subsequent amending legislation.
(k) The expression “dependant” means the wife/husband of the member, or at the election of the member,
the partner of the member, children of the member including adopted or fostered children and the
children of the spouse or partner of the member provided the spouse or partner are on cover with the
Society, living with and financially supported by the member up to twenty nine years of age.
(l) The expression “partner” means any person who is nominated by the member in writing.
The expression “partner” is understood in the context of the Civil Partnership and Certain Rights and
Obligations of Cohabitants Act of 2010. Under this act, cohabiting couples are defined as opposite or
same sex adults who are living together in an intimate and committed relationship. They are further
defined as being not married to each other or in a registered civil partnership.
(m) Registered address shall refer to the address provided by the member to the Society as their
residential address. It shall be permissible to utilise Garda station addresses for serving members of
the Garda organisation if deemed appropriate for security purposes. Immediately upon retirement from An
Garda Síochána the members will be obliged to provide their permanent residential address as being their
registered address if it differs from that which is provided to the Society in the normal course.