No. 249/1937:

DEFENCE FORCES (PENSIONS) SCHEME, 1937.

DEFENCE FORCES (PENSIONS) SCHEME, 1937.

ARRANGEMENT OF ARTICLES.

PART I.

PRELIMINARY.

Article.

1. Short title and commencement.

2. Application of the Interpretation Act, 1923.

3. Definitions.

PART II.

RETIRED PAY AND GRATUITIES PAYABLE TO OFFICERS AND PENSIONS AND GRATUITIES PAYABLE TO WIDOWS AND CHILDREN OF DECEASED OFFICERS.

4. Pensionable service of officers.

Retired Pay and Gratuities Payable to Officers.

5. Retired pay of officers retiring whose service is 20 years or more.

6. Retired pay of officer serving as member of the Defence Council who is compulsorily retired.

7. Retired pay of officer retired for any cause (other than age, misconduct, inefficiency or incapacity) whose service is 12 years or more and less than 20 years.

8. Retired pay of officer retired on grounds of permanent infirmity whose service is 10 years or more and less than 20 years.

9. Retired pay of existing officer retired on ground of age whose service is 5 years or more and less than 20 years.

10. Retired pay of certain officers retiring with 12 and less than 20 years service.

11. Married officers' gratuities.

12. Short service gratuities to officers.

13. Provisions in relation to special service officers.

14. Date for commencement of retired pay.

15. Cessation or reduction of retired pay on appointment to certain offices.

16. Suspension of retired pay of officer re-commissioned.

17. Suspension of retired pay of certain officers recalled to service in the Forces.

18. Restriction on officer in receipt of retired pay residing abroad.

Pensions Payable to Certain Retired Officers.

19. Pensions to certain retired officers.

Pensions and Gratuities Payable to Widows and Children of Deceased Officers.

20. Pensions to widows and children of officers.

21. Gratuities to widows and children of officers who die while serving and whose service is less than 12 years.

22. Restriction on grant of pensions and gratuities under Part III to widows and children.

23. Cesser or reduction of widow's and child's pensions.

PART III.

PENSIONS AND GRATUITIES PAYABLE TO SOLDIERS.

24. Qualifying service of soldiers.

25. "Long-service soldier", "short-service soldier" and "retiring rank".

26. Pensions of long-service soldiers whose qualifying service is 21 years or more.

27. Grant of pensions and gratuities to long-service soldiers discharged on account of disability or age whose qualifying service is less than 21 years.

28. Gratuities to long-service soldiers whose qualifying service is 12 years or more and less than 20 years and who are discharged on grounds other than disability or misconduct and gratuities to short-service soldiers.

29. Date for commencement of pensions under Part III.

PART IV.

PENSIONS AND GRATUITIES OF MEMBERS OF ARMY NURSING SERVICE.

30. Qualifying service of members of the Army Nursing Service.

31. Pensions of certain members of the Army Nursing Service.

32. Gratuities to members of the Army Nursing Service.

33. Miscellaneous provisions in relation to pensions and gratuities.

34. Date for commencement of pensions under Part IV.

PART V.

GENERAL PROVISIONS.

35. Definitions for purpose of Part V.

36. Grant and nature of pensions.

37. Times for payment of pensions.

38. Reduction of retired pay and pensions of officers and soldiers who are in receipt of pensions under the Army Pensions Acts.

39. Prohibition of assignment of pensions and gratuities.

40. Forfeiture of pensions.

41. Payment of pensions to persons other than the pensioner.

42. Payments in default of legal personal representatives.

First Schedule.

Second Schedule.

Third Schedule.

Fourth Schedule.

Fifth Schedule.

Sixth Schedule.

Seventh Schedule.

WHEREAS it is enacted by sub-section (1) of section 2 of the Defence Forces (Pensions) Act, 1932 (No. 26 of 1932), that the Minister for Defence may, with the consent of the Minister for Finance, prepare a scheme (in the said Act referred to as a pension scheme) with the object of providing (a) retired pay, pensions, and gratuities for or in respect of officers of the Forces to whom such scheme applies, and (b) pensions and gratuities for or in respect of non-commissioned officers and men of the Forces to whom such scheme applies; and (c) pensions and gratuities for members of the Army Nursing Service to whom such scheme applies, and (subject to confirmation under the said Act) carry such scheme into execution:

AND WHEREAS the provisions contained in the scheme hereby made are provisions which are authorised to be inserted therein by the said Act:

AND WHEREAS by virtue of section 4 of the said Act, as adapted by the Seanad Eireann (Consequential Provisions) Act, 1936 (No. 26 of 1936), no pension scheme shall come into force unless and until it has been laid before Dáil Eireann and has been confirmed by resolution of Dáil Eireann:

NOW, the Minister for Defence, with the consent of the Minister for Finance testified by his signature hereto, in exercise of the powers conferred on him by the Defence Forces (Pensions) Act, 1932 (No. 26 of 1932), and of every and any other power him in this behalf enabling, doth hereby make the following Scheme, that is to say:—

PART I. PRELIMINARY.

1. (1) This Scheme may be cited as the Defence Forces (Pensions) Scheme, 1937.

(2) This Scheme shall come into operation immediately upon it being confirmed by resolution of Dáil Eireann.

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of this Scheme in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. In this Scheme—

the expression "the Minister" means the Minister for Defence;

the expression "the appointed day" means the date of the coming into force of this Scheme;

the expression "the Forces" means the forces established under Part I of the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923 );

the expression "the National Army" means the following forces, that is to say:—

(a) the armed forces under the control of the Minister for Defence during the period commencing on the 1st day of February, 1922, and ending on the 31st day of March, 1922, and

(b) the armed forces maintained by the Provisional Government, and

(c) the armed forces maintained by the Government of Saorstát Eireann up to and including the 30th day of September, 1924, and

(d) the Forces;

the word " officer " means a commissioned officer;

the expression " existing officer " means a person who is serving as an officer of the Forces on the appointed day;

the expression " future officer " means a person who becomes an officer of the Forces after the appointed day;

the word " soldier " includes a non-commissioned officer;

the word " member " means a member of the Army Nursing Service;

the word " retirement " means in relation to a person who held commissioned rank in the National Army, retirement from the National Army;

the expression " the Civil Service " means the Civil Service of Saorstát Eireann;

the expression " the Superannuation Acts " means the Superannuation Acts for the time being in force;

the expression " disablement pension " means a pension under the Army Pensions Acts, 1923 to 1937, as amended by any subsequent enactment;

the expression " military service pension " means a pension under the Military Service Pensions Acts, 1924 to 1934;

the expression " the appropriate Gárda Síochána Pensions Order " means the Order for the time being in force regulating pensions, allowances, and gratuities of members of the Gárda Síochána.

PART II. RETIRED PAY AND GRATUITIES PAYABLE TO OFFICERS AND PENSIONS AND GRATUITIES PAYABLE TO WIDOWS AND CHILDREN OF DECEASED OFFICERS.

4. (1) Pensionable service for the purpose of this Part of this Scheme shall be computed in accordance with the rules contained in the First Schedule hereto.

(2) The number of years of pensionable service of a person for the purposes of this Part of this Scheme shall be taken to be the result obtained by dividing the number of days of his pensionable service by the number three hundred and sixty-five, any fraction over being disregarded.

Retired Pay and Gratuites Payable to Officers.

5. (1) Where an officer whose pensionable service is twenty years or more retires there may, subject to the provisions of this Scheme, be granted to such officer retired pay of an amount computed in accordance with the rules contained in the Second Schedule hereto.

(2) This Article shall not apply in the case of an officer who is compulsorily retired while serving as a member of the Council of Defence.

6. There may, subject to the provisions of this Scheme, be granted to an officer who is compulsorily retired while serving as a member of the Council of Defence, retired pay at the rate of, in case the rank held by such officer is that of Colonel, four hundred pounds per annum, or, in case the rank held by such officer is that of Major-General or higher rank, five hundred pounds per annum.

7. Where an officer whose pensionable service is twelve years or more and less than twenty years is retired for any cause (other than age, misconduct, inefficiency or mental or physical incapacity) there may, subject to the provisions of this scheme, be granted to such officer retired pay of an amount computed according to the rules contained in the Third Schedule hereto.

8. Where an officer whose pensionable service is ten years or more and less than twenty years is retired on the grounds of permanent infirmity of mind or body, there may, subject to the provisions of this Scheme, be granted to such officer retired pay of an amount computed in accordance with the rules contained in the Third Schedule hereto.

9. Where an existing officer whose pensionable service is five years or more and less than twenty years is required to retire on the grounds of age, there may, subject to the provisions of this scheme, be granted to such officer retired pay of an amount computed in accordance with the rules contained in the Third Schedule hereto.

10. (1) Where an officer to whom this Article applies whose pensionable service is twelve years or more but less than twenty years retires with the consent of the Minister there may, subject to the provision of this scheme, be granted to such officer retired pay of an amount computed in accordance with the rules contained in the Fourth Schedule to this Order.

(2) This Article applies to every officer who either—

(a) holds the rank of Captain or a lower commissioned rank, or

(b) holds the rank of Commandant or higher commissioned rank, and was commissioned before the 1st day of October, 1924.

11. (1) Where a grant of retired pay is made under this Part of this Scheme to an officer to whom this Article applies there may, subject to the provisions of this scheme, be paid also to such officer a gratuity of an amount computed according to the rules contained in the Fifth Schedule hereto.

(2) This Article applies to an officer—

(a) who is married, and

(b) whose wife is alive, and

(c) who has been, for not less than two years immediately before his retirement, in occupation of married quarters or in receipt of lodging, fuel and light allowance at the married rate.

(3) This Article also applies to an officer—

(a) who is a widower, and

(b) is the father of a child, who is, in the case of a boy, under the age of sixteen years or, in the case of a girl, under the age of eighteen years, and

(c) who has been, for not less than two years immediately before his retirement, in occupation of married quarters or in receipt of lodging, fuel and light allowance at the married rate.

12. (1) Where an officer whose pensionable service is five years or more but less than twelve years retires voluntarily, there may, subject to the provisions of this Scheme, be granted to such officer a gratuity of an amount equal to thirty days of his daily pay at the date of his retirement for each year of pensionable service.

(2) Where an officer whose pensionable service is one year or more but less than ten years is retired on the grounds of permanent infirmity of body or mind, there may, subject to the provisions of this Scheme, be granted to such officer a gratuity of an amount equal to forty-five days of his daily pay at the date of his retirement for each year of pensionable service.

(3) Where an officer whose pensionable service is five years or more and less than twelve years is compulsorily retired for any cause (other than age, misconduct, inefficiency or mental or physical incapacity) there may, subject to the provisions of this Scheme, be granted to such officer a gratuity of an amount equal to forty-five days of his daily pay at the date of his retirement for each year of pensionable service.

(4) For the purposes of this Article, the pay of an officer at the date of his retirement shall be determined in accordance with the following provisions, that is to say:—

(a) in case he had at the said date, either five years' pensionable service in the rank held by him at the said date or less than five years' pensionable service in such rank but was reduced to such rank within five years from the said date, the following provisions shall have effect, that is to say:—

(i) his pay at the said date shall be taken to be his actual pay at the said date;

(ii) if he was at the said date and had been for five years immediately preceding it in receipt of additional pay, his pay at the said date shall be taken to include such additional pay;

(b) in any other case, the following provisions shall have effect, that is to say:—

(i) his notional retiring rank for the purposes of this paragraph shall be taken to be the rank held by him on the day five years before the date of his retirement,

(ii) his pay at the said date shall be taken to be the pay appropriate to his notional retiring rank,

(iii) if the pay appropriate to his notional retiring rank varies with the number of years' service in that rank, he shall be deemed to have held that rank during the period he held his notional retiring rank and any higher rank,

(iv) if he was at the said date and had for five years immediately preceding it been in receipt of additional pay, his pay at the said date shall be taken to include the additional pay appropriate to his notional retiring rank.

13. (1) The foregoing Articles of this Part of this Scheme shall apply to and in respect of an officer who is immediately preceding his retirement a special service officer in like manner as they apply to and in respect of other officers, subject however, in any case in which retired pay could be granted to such officer, to the following modifications—

(a) the yearly amount of such retired pay shall, subject to the provisions of paragraph (b) of this sub-article be increased by—

(i) in case such officer is serving in the Army Medical Service or the Legal Branch, 20 per cent.,

(ii) in any other case, 10 per cent.;

(b) if such officer so elects, the yearly amount of his retired pay shall, instead of being computed under whichever of the Articles, as modified by paragraph (a) of this sub-article, would, if he had not so elected, have been applicable, be a yearly amount equal to whichever of the following amounts is the less—

(i) two thirds of his annual pay at the date of his retirement, and

(ii) the amount arrived at by multiplying one-sixtieth of his annual pay at the date of his retirement by a number equal to the number of years' pensionable service of such officer.

(2) Where a special service officer elects to have the amount of his retired pay computed under paragraph (b) of the immediately preceding sub-article, no married officer's gratuity shall be payable to such officer.

(3) For the purposes of paragraph (b) of sub-article (1) of this Article, the pay of an officer at the date of his retirement shall be determined in accordance with the following provisions, that is to say:—

(a) in case he had at the said date, either five years' pensionable service in the rank held by him at the said date or less than five years' pensionable service in such rank but was reduced to such rank within five years from the said date, the following provisions shall have effect, that is to say:—

(i) his pay at the said date shall be taken to be his actual pay at the said date,

(ii) if he was at the said date and had been for five years immediately preceding it in receipt of additional pay, his pay at the said date shall be taken to include such additional pay;

(b) in any other case, the following provisions shall have effect, that is to say:—

(i) his notional retiring rank for the purposes of this paragraph shall be taken to be the rank held by him on the day five years before the date of his retirement,

(ii) his pay at the said date shall be taken to be the pay appropriate to his notional retiring rank,

(iii) if the pay appropriate to his notional retiring rank varies with the number of years' service in that rank, he shall be deemed to have held that rank during the period he held his notional retiring rank and any higher rank,

(iv) if he was at the said date and had for five years immediately preceding it been in receipt of additional pay, his pay at the said date shall be taken to include the additional pay appropriate to his notional retiring rank.

(4) Each of the following shall be a special service officer for the purposes of this Article, that is to say:—

(a) a person—

(i) who is serving with any of the following branches of the Forces, namely:—

(ii) who possesses professional or technical qualifications appropriate to the branch of the Forces in which he is serving, and

(iii) who is either in receipt of a special rate of pay in excess of the normal rate of pay for an officer of his rank or is at the date of his retirement and was for not less than five years immediately preceding that date in receipt of additional pay;

(b) a person—

(i) who is serving with the Army Air Corps, and

(ii) who is at the date of his retirement and was for not less than five years immediately preceding that date in receipt of additional pay.

14. Retired pay under this Part of this Scheme shall be payable as from the date of the retirement of the person to whom the same is payable.

15. Where an officer in receipt of retired pay is appointed to any office, the remuneration of which is payable out of public moneys (whether provided by the Oireachtas or out of the Central Fund or by means of the poor rate or any other rate imposed by a local authority), the following provisions shall, while he is in receipt of such remuneration, have effect, that is to say:—

(a) if the amount of such remuneration equals or exceeds the pay (in this Article referred to as the said pay) of such officer immediately prior to his retirement then such retired pay shall not be payable to such officer;

(b) if the amount of such remuneration is less than the said pay, then so much only of such retired pay as will, when added to such remuneration, not exceed the said pay shall be paid to such officer.

16. Where an officer who has been granted retired pay under this Scheme is re-appointed an officer of the Forces his retired pay shall be suspended during the period he remains an officer of the Forces following such re-appointment.

17. Where an officer, who belongs to the Reserve of Officers is in receipt of retired pay under this Scheme and is liable under sub-section (2) of section 213 of the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923) to be recalled to service in the Forces, is recalled under the said sub-section (2) to service in the Forces, such retired pay shall be suspended during his period of service in the Forces following such recall.

18. (1) Where an officer in receipt of retired pay desires to live outside Saorstát Eireann he shall before proceeding abroad apply to the Minister for written permission to live outside Saorstát Eireann.

(2) The Minister may refuse an application under the foregoing sub-article or may grant such application either free from conditions or subject to such conditions as he thinks fit.

(3) If an officer in receipt of retired pay—

(a) resides outside Saorstát Eireann without the consent of the Minister, or

(b) having obtained the consent of the Minister to reside outside Saorstát Eireann subject to conditions, resides outside Saorstát Eireann but does not comply with such conditions,

the Minister may suspend, reduce, or forfeit such retired pay so long as such residence outside Saorstát Eireann continues or so long as such conditions are not complied with.

Pensions Payable to Certain Retired Officers.

19. (1) There may, subject to the provisions of this Scheme, be granted to a person to whom this Article applies a pension of an amount computed in accordance with the rules contained in the Sixth Schedule hereto.

(2) A pension under this Article shall not become payable unless and until the person eligible therefor has retired (as the case may be) from the Civil Service in circumstances entitling him to a superannuation or other allowance or gratuity under the Superannuation Acts, or from the Gárda Síochána in circumstances entitling him to a pension or gratuity under the appropriate Gárda Síochána Pensions Order.

(3) Subject to the provisions of the foregoing sub-article, a pension under this Article shall become payable on the date on which (as the case may be) the person retires from the Civil Service in circumstances entitling him to a superannuation, or other allowance or gratuity under the Superannuation Acts or from the Gárda Síochána in circumstances entitling him to a pension or gratuity under the appropriate Gárda Síochána Pensions Order.

(4) This Article applies to a person—

(a) who was before the 16th day of December, 1932, an officer of the National Army, and

(b) whose pensionable service was one year or more, and

(c) who, before the 16th day of December, 1932, was, while such officer or within four months after his retirement, appointed to a pensionable post in the Civil Service or to be a member of the Gárda Síochána, and

(d) who on the 16th day of December, 1932, and on the appointed day,—

(i) in case he was appointed to a pensionable post in the Civil Service, held the same or another pensionable post, or

(ii) in case he was appointed to be a member of the Gárda Síochána, was a member of the Gárda Síochána, and

(e) who did not receive on his retirement a gratuity in respect of his service in the National Army.

Pensions and Gratuities Payable to Widows and Children of Deceased Officers.

20. (1) Subject to the provisions of this Scheme, there may be granted to the widow of a deceased officer in respect of whom this Article applies a pension (in this Scheme referred to as a widow's pension) of an amount not exceeding the amount stated in the second column of the Table to this Sub-article opposite the mention of the rank of such deceased officer.

Table to Article 20 (1).

(2) Subject to the provisions of this Scheme, there may be granted to each son, under the age of 18 years, of a deceased officer in respect of whom this Article applies and to each unmarried daughter, under the age of 21 years, of any such officer a pension (in this Scheme referred to as a child's pension) not exceeding the following rates, that is to say:—

(a) if and so long as the mother of such child is alive, £l5 per annum;

(b) if the mother of such child is dead or dies, £22 per annum.

(3) In the event of a widow who has been granted a widow's pension re-marrying, such pension shall cease to be payable on and after the date of her re-marriage.

(4) A child's pension shall—

(a) in the case of a son, cease to be payable upon his attaining the age of 18 years, and

(b) in the case of a daughter, cease to be payable upon her attaining the age of 21 years or her marriage (whichever first happens).

(5) This Article applies to an officer—

(a) who died while serving in the Forces, and

(b) whose pensionable service was twelve years or more.

(6) This Article also applies to an officer—

(a) who died after retirement from the Forces, and

(b) who was compulsorily retired for causes other than misconduct or inefficiency, and

(c) who was at the date of his death in receipt of retired pay, and

(d) whose pensionable service was twelve years or more.

(7) This Article also applies to an officer—

(a) who died after retirement from the Forces, and

(b) who voluntarily retired from the Forces, and

(c) who was at the date of his death in receipt of retired pay, and

(d) whose pensionable service was twenty years or more.

(8) In this Article the word "rank" when used in relation to a deceased officer shall be construed in accordance with the following provisions, that is to say:—

(a) If such officer died while serving in the Forces, the following provisions shall have effect, that is to say:—

(i) in case such officer had at the date of his death either one year's pensionable service in the rank held by him at such date or one year's pensionable service in such rank and a higher rank, the said word shall mean the rank held by him at such date,

(ii) in any other case, the said word shall mean the lowest commissioned rank held by him during the year immediately preceding his death;

(b) if such officer died after his retirement from the Forces,

(i) the said word shall mean the rank by reference to which his retired pay was computed,

(ii) in any other case, the said word shall mean the lowest commissioned rank held by him during the year immediately preceding his retirement.

(9) A pension granted under this Article to the widow or child of a deceased officer shall commence to be payable as on and from the day after the day on which such officer dies.

21. (1) Subject to the provisions of this Scheme, there may be granted to the widow or child or children of an officer who dies while serving in the Forces and whose pensionable service is less than twelve years a gratuity of an amount not exceeding a sum equal to thirty days of his daily pay at the date of his death for each year of his service.

(2) For the purposes of this Article, the pay of an officer at the date of his death shall be determined in accordance with the following provisions, that is to say:—

(a) in case such officer had at the said date, either one year's service in the rank held by him at the said date or not less than one year's service in such rank and a higher rank, the following provisions shall have effect, that is to say:—

(i) his pay at the said date shall be taken to be his actual pay at the said date,

(ii) if he was at the said date and had been for five years immediately preceding it in receipt of additional pay, his pay at the said date shall be taken to include such additional pay;

(b) in any other case, the following provisions shall have effect, that is to say:—

(i) his notional retiring rank for the purposes of this paragraph shall be taken to be the lowest rank held by him during the year immediately preceding the date of his death,

(ii) his pay at the said date shall be taken to be the pay appropriate to his notional retiring rank,

(iii) if the pay appropriate to his notional retiring rank varies with the number of years' service in that rank, he shall be deemed to have held that rank during the period he held his notional retiring rank and any higher rank,

(iv) if he was at the said date and had for five years immediately preceding it been in receipt of additional pay, his pay at the said date shall be taken to include the additional pay appropriate to his notional retiring rank.

22. (1) No pension or gratuity shall be payable under this Part of this Scheme to the widow or any child of a deceased officer—

(a) unless such officer survived his marriage by at least one year or, in case he did not do so, it is shown that he was manifestly in good health at the date of his marriage and his death was caused by disease or injury not due to causes within his own control, or

(b) if an award has been made to such widow or child under the Army Pensions Acts, 1923 to 1937, as amended by any subsequent enactment.

(2) Where—

(a) a pension or gratuity is payable under this Part of this Scheme to the widow or any child of a deceased officer, and

(b) the death of such officer was due to the act of some other person and compensation in respect of such death has been paid to such widow or child,

the amount of such compensation may be taken into account in assessing the amount of such pension or gratuity.

(3) No pension or gratuity shall be payable under this Part of this Scheme—

(a) to the widow of a deceased officer who died after retirement unless her marriage to such officer took place before his retirement, or

(b) to any child of a deceased officer who died after retirement unless such child is the child of a marriage which took place before his retirement, or

(c) to the widow or child of a deceased officer who died while serving in the Forces unless, immediately before his death he was in occupation of married quarters or was in receipt of lodging, fuel and light allowance at the married rate, or

(d) to the widow or child of a deceased officer who died after retirement unless at the date of his retirement he was in occupation of married quarters or was in receipt of lodging, fuel and light allowance at the married rate.

23. (1) Where a pension has been granted to the widow or child of a deceased officer under this Part of this Scheme, then—

(a) if an allowance is subsequently granted to such widow or child under the Army Pensions Acts, such pension shall cease to be payable as on and from the date on which such allowance commences to be payable, and

(b) if the death of such officer was due to the act of another person and compensation in respect of such death has been subsequently recovered by such widow or child, such pension may be revoked or reduced as on and from the date on which such compensation is paid.

(2) Where the widow of a deceased officer to whom a pension has been granted is employed in any office the remuneration for which is payable out of public moneys (whether provided by the Oireachtas or out of the Central Fund or by means of the poor rate or other rate imposed by a local authority), the following provisions shall have effect, that is to say:—

(a) in case such remuneration equals or exceeds such pension, such pension shall cease to be payable while she is in receipt of such remuneration, and

(b) in case such remuneration is less than such pension, such pension shall, while she is in receipt of such remuneration, be reduced by an amount equal to such remuneration.

PART III. PENSIONS AND GRATUITIES PAYABLE TO SOLDIERS.

24. (1) Subject to the provisions of this Article, the expression "qualifying service" when used in relation to a soldier means—

(a) in case such soldier was not transferred to the Reserve, the period, ending on the date of his discharge, during which he served continuously in the National Army as a soldier;

(b) in case such soldier was transferred to the Reserve, the period, ending on the date of his transfer, during which he served continuously in the National Army as a soldier.

(2) For the purposes of sub-article (1) of this Article, the qualifying service of a soldier shall not include—

(a) any period of service towards pension forfeited by sentence of court-martial and not restored;

(b) any period of service forfeited by desertion unless such service is subsequently restored;

(c) any time in respect of which pay has been forfeited except—

(i) any period of absence without leave not exceeding seven days, and

(ii) any period (not exceeding seven days) in military or civil custody whilst awaiting disposal of a charge of which he is convicted,

(iii) any period of imprisonment or detention not exceeding seven days;

(d) in the case of a soldier who may, in respect of service in the Civil Service or the Gárda Síochána (including the former Dublin Metropolitan Police) be granted a superannuation allowance, pension or gratuity, any period of service in the National Army which falls within the period of service reckonable for such allowance, pension or gratuity;

(e) in the case of a soldier who is entitled to a long service pension under the Connaught Rangers (Pensions) Act, 1936 (No. 37 of 1936), any period of service in the National Army which falls within his period of notional service within the meaning of the said Act;

(f) in the case of a soldier who is entitled to a short service pension under the Connaught Rangers (Pensions) Act, 1936 , any period of service in the National Army rendered within twelve years after his army service, within the meaning of the said Act, commenced.

(3) For the purposes of this Part of this Scheme the number of years of qualifying service of a soldier shall be taken to be the number of days of his qualifying service divided by the number three hundred and sixty-five, any fraction over being disregarded.

25. In this Part of this Scheme—

the expression "long-service soldier" means a soldier who (either before, on or after the appointed day) is specially re-engaged for such further period of service in the Forces as will, when added to the period already served by him in the National Army before such re-engagement make a total period of twenty-one years or more of service in the National Army;

the expression "short-service soldier" means a soldier who is not a long-service soldier;

the expression "retiring rank" in relation to a long-service soldier shall be construed in accordance with the following provisions, that is to say:

(a) if the rank held by such soldier at the date of his retirement was held by him for less than one year, the retiring rank of such soldier shall be deemed to be the lowest rank held during the year immediately preceding his retirement;

(b) in any other case, the retiring rank of such soldier shall be the actual rank held by him at the date of his retirement.

26. Subject to the provisions of this Scheme, there may be granted to any long-service soldier who is discharged from the Forces on or after the appointed day and whose qualifying service is 21 years or more, a pension at the rate per day specified in the second column of the Table to this Article opposite the mention in the first column of the said Table, of his retiring rank.

Table to Article 26.

27. (1) Where a long-service soldier to whom this Article applies whose qualifying service is fifteen years or more and less than twenty-one is discharged from the Forces on or after the appointed day, there may, subject to the provisions of this Scheme, be granted to such soldier such proportion of the pension which would have been granted under the immediate preceding Article to such soldier, if the period of his qualifying service had in fact been twenty-one years, as the actual number of years of his qualifying service bears to the number twenty-one.

(2) Where a long-service soldier to whom this Article applies whose qualifying service is less than fifteen years is discharged from the Forces on or after the appointed day, there may, subject to the provisions of this Scheme, be granted to such soldier a gratuity of an amount equal to whichever is the less of the following, that is to say:—

(a) three hundred and sixty-five days' pay at the rate appropriate to his retiring rank,

(b) thirty days' pay at the said rate for every year of qualifying service of such soldier.

(3) This Article applies to—

(a) every long-service soldier who is discharged on the ground of disability, and

(b) every long-service solider who—

(i) is serving in the Forces on the appointed day, and

(ii) is discharged on account of age.

(4) In this Article the word "pay" in relation to a long-service soldier shall be construed in accordance with the following provisions, that is to say:

(a) the said word means ordinary pay but does not include any allowance;

(b) in the case of a soldier who has been in receipt of additional pay for five years or more immediately preceding his discharge the said word means, in addition to ordinary pay, such additional pay.

28. (1) Where—

(a) a long service soldier whose qualifying service is twelve years or more and less than twenty is discharged from the Forces on or after the appointed day on any grounds (other than disability or misconduct) or

(b) a short-service soldier whose qualifying service is three years or more is, on or after the appointed day, discharged from the Forces or transferred to the Reserve,

there may, subject to the provisions of this Article, be granted to such soldier a gratuity calculated at the rate of five shillings for every period of three months of qualifying service of such soldier in the National Army.

(2) A gratuity shall not be payable under this Article to any soldier if—

(a) being a short-service soldier he is discharged or transferred to the Reserve on compassionate ground prior to the termination of his army service, or

(b) he is discharged as the result of his conviction by a Court-Martial or a Civil Court, or

(c) he is discharged as of "bad" character, or

(d) being a short-service soldier he is discharged by purchase, or

(e) he is discharged for general misconduct, or

(f) being in occupation of Married Quarters, fails to surrender such quarters within the time prescribed in that behalf by regulations made by the Minister.

29. A pension under this Part of this Scheme shall be payable as from the date on which the person to whom the same is payable is discharged from the Forces.

PART IV. PENSIONS AND GRATUITIES OF MEMBERS OF ARMY NURSING SERVICE.

30. (1) In this Part of this Scheme the expression "qualifying service" shall be construed in accordance with the following provisions, that is to say:—

(a) any period of authorised leave of absence without pay shall not count towards qualifying service,

(b) authorised leave of absence (not exceeding thirty-one days in any one year) without pay shall not be treated as interrupting continuity of service,

(c) service as a nurse with the National Army before the formation of the Army Nursing Service shall be deemed to be service in the Army Nursing Service,

(d) subject to the foregoing provisions of this sub-article, qualifying service of a member shall be continuous service in the Army Nursing Service.

(2) For the purposes of this Part of this Scheme the number of years of qualifying service of a member shall be taken to be the number of days of her qualifying service divided by the number three hundred and sixty-five, any fraction over being disregarded.

31. (1) Subject to the provisions of this Scheme, there may be granted to a member of the Army Nursing Service to whom this Article applies a pension of an amount not exceeding an amount computed in accordance with the rules contained in the Seventh Schedule to this Scheme.

(2) This Article applies to—

(a) a member whose qualifying service is twenty years or more and who either retires voluntarily or is discharged owing to causes other than misconduct, and

(b) a member whose qualifying service is fifteen years or more and less than twenty years and who is discharged owing to abolition of office or reorganisation, and

(c) a member whose qualifying service is ten years or more and who is discharged on account of permanent infirmity of body or mind.

32. (1) Subject to the provisions of this Scheme, there may be granted to a person to whom this sub-article applies a gratuity of an amount not exceeding a sum equal to one month's pay for each year of her qualifying service.

This sub-article applies to—

(a) a member whose qualifying nursing service is less than ten years and who is discharged on account of permanent infirmity of body or mind;

(b) a member whose qualifying service is less than twenty years and who is discharged for any cause (other than permanent infirmity of body or mind, misconduct or inefficiency).

(2) Subject to the provisions of this Scheme, there may be granted to any member who resigns on marriage and is not entitled to a pension under this Part of this Scheme a gratuity of an amount equal to one month's pay for each year of her qualifying service or one year's pay, whichever is the less.

(3) In this Article the word "pay" includes, in the case of a member who was at the date of her retirement and for not less than five years previous thereto in receipt of extra (certificate) pay, her extra certificate pay.

33. (1) Where—

(a) a pension or gratuity is payable to a member of the Army Nursing Service under this Part of this Scheme, and

(b) such member retired or was discharged on account of infirmity due to injury, and

(c) such member has received compensation in respect of such injury,

the amount of such compensation may be taken into account in assessing the amount of such pension or gratuity.

(2) Where—

(a) a pension has been granted to a member of the Army Nursing Service under this Part of this Scheme, and

(b) such member retired or was discharged on account of infirmity due to injury, and

(c) such member subsequently receives compensation in respect of such injury,

such pension may be revoked or reduced as on and from the date on which such compensation is paid.

34. A pension under this Part of this Scheme shall be payable as from the date on which the person to whom the same is payable retires or is discharged from the Army Nursing Service.

PART V. GENERAL PROVISIONS.

35. (1) In this Part of this Scheme the word "pension" shall be construed as equivalent to the expression "payment by way of retired pay, pension under Part II of this Scheme, pension under Part III of this Scheme or pension under Part IV of this Scheme".

(2) In this Part of this Scheme the word "pensioner" means a person for the time being in receipt of a pension.

(3) In this Part of this Scheme the word "gratuity" shall be construed as equivalent to the expression "a gratuity under Part II of this Scheme, a gratuity under Part III of this Scheme or a gratuity under Part IV of this Scheme".

36. (1) Where a pension or gratuity may be granted to any person under this Scheme, the Minister may, in his absolute discretion, either make (subject to the previous consent of the Minister for Finance) such grant or refuse to make such grant.

(2) Every pension shall be an annual sum of the appropriate amount and shall be payable (except in the case of a child's pension) during the life of the pensioner.

(3) Where—

(a) a pension or gratuity may be granted to any person under this Scheme, and

(b) such person retires or is discharged on account of infirmity of mind or body, and

(c) the Minister and the Minister for Finance are satisfied that such person has brought about or contributed to the infirmity by his conduct,

the amount of the pension or gratuity may be reduced by such amount (not exceeding one-half of the amount which might otherwise be payable) as the said Ministers think proper.

37. (1) Pensions shall accrue from day to day, but any sum due on account of a pension shall not be payable until the end of the quarter in which it becomes due, subject, however to the following provisions, namely—

(a) in the case of the death of a person to whom any such sum is due, earlier payment may be authorised by the Minister;

(b) advances may be made at the end of any month in respect of the amount of the pension accrued due in that month, but no such advance made in respect of either the first and second months of any quarter shall exceed eight per cent. (fractions of a pound being excluded) of the total pension.

(2) In this Article the word "quarter" means the period of three months commencing on either the 1st day of January, the 1st day of April, the 1st day of July, or the 1st day of October.

38. (1) In this Article—

the expression "service pension" means

(a) in relation to an officer, retired pay under Part II of this Scheme, and

(b) in relation to a soldier, a pension under Part III of this Scheme;

the expression "disablement pension" means any pension under the Army Pensions Acts, 1923 to 1937, as amended by any subsequent enactment.

(2) Where a person, being an officer or soldier—

(a) is granted a service pension, and

(b) is, during any period in respect of which such service pension is payable, also in receipt of a disablement pension,

the following provisions shall have effect, that is to say:—

(i) in case the amount payable on foot of such disablement pension in respect of such period equals or exceeds the amount (in this Article referred to as the hypothetical amount), which would, but for this sub-Article, be payable on foot of such service pension in respect of such period, the amount payable on foot of such service pension in respect of such period shall be reduced to one-third of the hypothetical amount;

(ii) in case the amount payable on foot of such disablement pension in respect of such period is less than the hypothetical amount, the amount payable on foot of such service pension in respect of such period shall be reduced, but shall be so reduced as to ensure that the amount payable on foot of such service pension in respect of such period when added to the amount payable on foot of such disablement pension in respect of such period will equal the hypothetical amount of such service pension in respect of such period when increased by ten per cent;

(iii) where it is found after the expiration of such period that the amount payable on foot of such service pension in respect of such period is in excess of the amount payable by virtue of the preceding provisions of this sub-article, such excess shall be a debt due by such person to the Minister and, without prejudice to the operation of sub-section (3) of section 10 of the Army Pensions Act, 1923 (No. 26 of 1923), may be recovered by deduction from any payments subsequently accruing due in respect of such service pension.

(3) Where—

(a) a person has received any such compensation as is mentioned in sub-section (2) of section 13 of the Army Pensions Act, 1923 (No. 26 of 1923), as amended by the Army Pensions Act, 1927 (No. 12 of 1927), and

(b) by reason solely of the said sub-section (2), either no disablement pension has been granted to such person or a disablement pension has been granted to him at a reduced rate,

such person shall be deemed for the purposes of this Article to be in receipt of a disablement pension at the appropriate maximum rate.

39. (1) Every assignment of and every charge on and every agreement to assign or charge a pension or gratuity shall be void.

(2) Nothing in this Article shall prevent the deduction from any pension or gratuity of any moneys which may be due or owing to the Minister or any other Minister or any Department of State by the person to whom such pension or gratuity is payable.

40. (1) If any pensioner is, during the continuance of his pension, convicted of a crime or offence by a court of competent jurisdiction in Saorstát Eireann and is sentenced by that court for that crime or offence to imprisonment for any term exceeding three months or to penal servitude for any term, such pension shall be forefeited as from the date of such conviction, but if such conviction and sentence is quashed or annulled such forfeiture shall be deemed to have been annulled also, and such pension shall be thereupon revived and payable as on and from the said date.

(2) If any pensioner is during the continuance of his pension guilty in the opinion of the Minister of disgraceful conduct, the Minister may, if he is of opinion that the circumstances of the case warrant his doing so, terminate such pension or suspend the payment of it for such period as he thinks fit.

41. (1) Every child's pension shall be paid to the mother of the child to whom it is granted or, if the mother is dead, to such person as the Minister thinks proper for and on behalf of the child.

(2) The Minister may, in any case in which he thinks proper, order the payment of a pension granted to an officer or a soldier to the wife or any one or more of the dependants of such officer or such soldier or to a trustee for such wife or dependants.

(3) Where the Minister is satisfied that a pensioner or a person (in this Article referred to as the beneficiary) entitled to a gratuity is incapable of giving a receipt for his pension or gratuity, the said Minister may pay any sum payable on account of such pension or gratuity either to the institution or the person having care of such pensioner or beneficiary or for the benefit of such person or persons as the said Minister considers to be dependants of such pensioner or beneficiary, or may pay any such sum partly to such institution or person having care of such pensioner or beneficiary and partly to such persons as the said Minister considers to be dependants of such pensioner or beneficiary, and in such manner as the said Minister thinks fit.

(4) Any payments made by the Minister under this Article shall be as full a discharge for the said Minister as if such payments had been made directly to the pensioner or beneficiary entitled to the pension or gratuity in respect of which such payments are made.

42. Where upon the death of a pensioner or a person entitled to a gratuity a sum not exceeding one hundred pounds is due to his estate on account of a pension or gratuity, the Minister may, if representation has not been raised to the estate of such pensioner or person, without requiring such representation to be raised, pay such sum to such person or persons as appear to the said Minister, upon such evidence as he may deem satisfactory, to be beneficially entitled to receive the same.

FIRST SCHEDULE.

RULES FOR COMPUTATION OF PENSIONABLE SERVICE OF OFFICERS.

1. (1) Subject to the provisions of this Schedule, continuous service in the National Army in commissioned rank shall be pensionable service.

(2) In the case of a person who before being commissioned held non-commissioned rank in the National Army, half of his continuous service in non-commissioned rank shall be deemed to be service in commissioned rank in the National Army.

(3) Authorised leave of absence without pay shall not be treated as interrupting continuity of service.

2. Where an officer is placed on the half-pay list the following provisions shall have effect, in relation to the period during which such officer is on the half-pay list, that is to say:—

(a) in case such officer was placed on the half-pay list for the purpose of performing duties in a Department of State—

(i) so much of the said period as was spent on such duties shall count towards pensionable service, and

(ii) such proportion (not exceeding one-half) of the remainder (if any) of the said period as the Minister, with the consent of the Minister for Finance, may determine shall count towards pensionable service;

(b) in any other case, such proportion (not exceeding one half) of the said period as the Minister, with the consent of the Minister for Finance, may determine shall count towards pensionable service.

3. The following periods shall not count towards pensionable service, that is to say:—

(a) any period of service before the 1st day of February, 1922;

(b) in the case of an existing officer or a future officer who is eligible for a military service pension, any period of service, either in commissioned or non-commissioned rank, in the National Army before the 1st day of October, 1923, unless such officer elects to forego such military service pension;

(c) any period of authorised leave of absence without pay;

(d) in the case of an officer, who has retired, on or after the appointed day, from the National Army and who is re-appointed an officer, any period of service in the Forces after such re-appointment;

(e) in the case of a person who may, in respect of service in the Civil Service or the Gárda Síochána (including the former Dublin Metropolitan Police) be granted a superannuation allowance, pension or gratuity, any period of service in the National Army which falls within the period of service reckonable for such allowance, pension or gratuity;

(f) in the case of a person who is entitled to a long service pension under the Connaught Rangers (Pensions) Act, 1936 (No. 37 of 1936), any period of service in the National Army which falls within his period of notional service within the meaning of the said Act;

(g) in the case of a person who is entitled to a short-service pension under the Connaught Rangers (Pensions) Act, 1936 , any period of service in the National Army rendered within twelve years after his army service, within the meaning of the said Act, commenced.

SECOND SCHEDULE.

RULES FOR COMPUTING AMOUNT OF RETIRED PAY OF OFFICERS WHOSE PENSIONABLE SERVICE IS 20 YEARS OR MORE.

1. In this Schedule the following expressions shall, in relation to a rank specified in the first column of the Table to this Schedule, have the meanings respectively assigned to them by this Rule, that is to say:—

" the basic (service) element " means the sum mentioned in the second column of the said Table opposite the mention of such rank;

" the incremental (service) element " means the sum mentioned in the third column of the said Table opposite the mention of such rank;

" the maximum (service) element " means the sum specified in the fourth column of the said Table opposite the mention of such rank;

" the basic (rank) element " means the sum mentioned in the fifth column of the said Table opposite the mention of such rank;

the " incremental (rank) element " means the sum mentioned in the sixth column of the said Table opposite the mention of such rank;

" the maximum (rank) element " means the sum mentioned in the seventh column of the said Table opposite the mention of such rank;

" the maximum retired pay " means the sum specified in the eighth column of the said Table opposite the mention of such rank.

2. In this Schedule the expression "retiring rank" when used in relation to an officer shall be construed in accordance with the following provisions, that is to say:—

(a) in case he has at the date of his retirement not less than one year's pensionable service in the rank held by him at the said date, the said expression means the rank held by him at the said date;

(b) in any other case, the said expression means the lowest rank held by him during the year prior to the said date.

3. For the purposes of this Schedule the appropriate (service) element in relation to an officer shall be whichever is the less of the following:—

(a) the basic (service) element in respect of his retiring rank, together with, in case his pensionable service is twenty-one years or more, the result obtained by multiplying the incremental (service) element in respect of his retiring rank by a number equal to the number of years of his pensionable service in excess of twenty years;

(b) the maximum (service) element in respect of his retiring rank.

4. For the purposes of this Schedule the appropriate (rank) element in relation to an officer shall be whichever is the less of the following:—

(a) the basic (rank) element in respect of his retiring rank, together with, in case he served in such rank or a higher rank for two years or more, the result obtained by multiplying the incremental (rank) element in respect of his retiring rank by a number equal to the number of years of his pensionable service in excess of one during which he held such rank or a higher rank;

(b) the maximum (rank) element in respect of his retiring rank.

5. The yearly amount of the retired pay of an officer in whose case this Schedule is applicable shall be whichever is the less of the following—

(a) the sum of—

(i) the appropriate (service) element, and

(ii) the appropriate (rank) element;

(b) the maximum retired pay in respect of his retiring rank.

TABLE TO SECOND SCHEDULE.

THIRD SCHEDULE.

Rules for computing retired pay of—

(a) officers retired for any cause (other than age, misconduct, inefficiency or mental or physical incapacity) whose pensionable service is twelve years or more and less than twenty years;

(b) officers retired on the ground of permanent infirmity whose pensionable service is ten years or more and less than twenty years;

(c) existing officers retired on the ground of age whose pensionable service is five years or more and less than twenty years.

1. In this Schedule—

the expression " retiring rank " when used in relation to an officer shall be construed in accordance with the following provisions, that is to say:—

(a) in case he had at the date of his retirement either five years pensionable service in the rank held by him at such date or less than five years pensionable service in such rank but was reduced to such rank from a higher rank within five years from such date, the said expression means the rank held by him at such date;

(b) in any other case, the said expression means the rank held by him on the day five years before the date of his retirement;

the expression " the appropriate sum " when used in relation to an officer means the sum specified in the second column of the Table to this Schedule opposite the mention, in the first column of the said Table, of his retiring rank;

the expression " the appropriate number " means—

(a) in relation to an officer retired for any cause (other than age, misconduct, inefficiency or mental or physical incapacity)—

(i) in case his pensionable service is fifteen years or more but less than twenty years, twenty, and

(ii) in case his pensionable service is twelve years or more but less than fifteen years, a number equal to the number of years of his pensionable service and five, and

(b) in relation to an officer retired on the ground of permanent infirmity of body or mind whose pensionable service is ten years or more and less than twenty years or an existing officer retired on the grounds of age whose pensionable service is five years or more and less than twenty, a number equal to the number of years of his pensionable service.

2. The yearly amount of the retired pay of an officer in whose case this Schedule is applicable shall be sum equal to whichever is the less of the following—

(a) the yearly amount of the retired pay of such officer if his pensionable service had been twenty years and his retired pay were computed in accordance with the rules contained in the Second Schedule hereto, and

(b) the result obtained by multiplying the appropriate sum by the appropriate number.

Table.

FOURTH SCHEDULE.

Rules for computing retired pay of officers voluntarily retiring—

(a) who either—

(i) are of the rank of Captain or lower Commissioned rank, or

(ii) are of the rank of Commandant or higher Commissioned rank and were commissioned before the 1st day of October, 1924, and

(b) whose pensionable service is twelve years or more and less than twenty.

1. In this Schedule—

the expression " retiring rank " when used in relation to an officer has the same meaning as in the Third Schedule to this Scheme;

the expression " the appropriate sum " when used in relation to an officer means the sum specified in the second column of the Table to this Schedule opposite the mention, in the first column of the said Table, of his retiring rank;

the expression " the appropriate number " when used in relation to an officer means a number equal to the number of years of his pensionable service.

2. The yearly amount of the retired pay of an officer in whose case this Schedule is applicable shall be the result obtained by multiplying the appropriate sum by the appropriate number.

Table.

FIFTH SCHEDULE.

RULES FOR COMPUTING MARRIED OFFICERS' GRATUITIES.

1. In this Schedule, the expression " retiring rank "—

(a) in relation to an officer whose pensionable service is twenty years or more, has the same meaning as in the Second Schedule to this Scheme, and

(b) in relation to an officer whose pensionable service is less than twenty years, has the same meaning as in the Third Schedule to this Scheme.

2. For the purposes of this Schedule the appropriate sum in respect of an officer whose retiring rank is that specified in the first column of the Table to this Rule shall be the sum specified in the second column of the said Table opposite the mention of such rank.

Table.

3. The amount of the said gratuity payable to an officer in whose case this Schedule is applicable shall be the result arrived at by multiplying the appropriate sum by a number equal to whichever is the less of the following—

(a) the number twenty;

(b) a number equal to the number of years of his pensionable service.

SIXTH SCHEDULE.

RULES FOR COMPUTING AMOUNT OF PENSIONS OF RETIRED OFFICERS WHO SUBSEQUENT TO RETIREMENT SERVED IN THE CIVIL SERVICE OR THE GARDA SIOCHANA.

1. For the purposes of this Schedule the following expressions in relation to a person in whose case this Schedule is applicable shall have the meanings respectively assigned to them by this Rule, that is to say:—

" retiring rank " in relation to such person if he retired before the 16th day of December, 1932, means the rank held by him at the date of his retirement;

" the hypothetical maximum (civil) pension " means two-thirds of the pensionable salary of which such person was in receipt at the date of his retirement from the Civil Service or the Gárda Síochána (as the case may be);

" actual (civil) pension " means—

(a) in case such person was a civil servant, the actual superannuation allowance (if any) awarded to him under the Superannuation Acts, and

(b) in case such person was a member of the Gárda Síochána, the actual pension (if any) awarded to him under the appropriate Gárda Síochána Pensions Order;

" the appropriate sum " means the sum specified in the second column of the Table to this Schedule opposite the mention in the first column of the said Table of his retiring rank;

" the basic (service) pension " means the result obtained by multiplying the appropriate sum by a number equal to the number of years of his pensionable service.

2. Where a person in whose case this Schedule is applicable is granted a superannuation allowance under the Superannuation Acts or a pension under the appropriate Gárda Síochána Pensions Order, the following provisions shall have effect, that is to say:—

(a) if his actual (civil) pension equals his hypothetical maximum (civil) pension, the amount of the pension to be awarded to him under this scheme shall be nought,

(b) if his actual (civil) pension is less than his hypothetical maximum (civil) pension the following provisions shall apply—

(i) if his actual (civil) pension and his basic (service) pension when added together are equal to or are less than his hypothetical maximum (civil) pension, then the amount of the pension to be awarded to him under this scheme shall be his basic (service) pension,

(ii) if his actual (civil) pension and his basic (service) pension when added together exceed his hypothetical maximum (civil) pension then the amount of the pension to be awarded to him under this scheme shall be the sum by which his actual (civil) pension falls short of his hypothetical maximum (civil) pension.

Table

SEVENTH SCHEDULE.

RULES FOR COMPUTING PENSIONS OF MEMBERS OF THE ARMY NURSING SERVICE.

1. (1) For the purposes of this Schedule, the annual emoluments of a member shall be taken to be the sum of the following:

(a) the annual pay of such member at the time of her retirement or discharge;

(b) in case such member was at the date of her retirement or discharge and for not less than five years previous thereto in receipt of extra (certificate) pay, the annual amount of such extra (certificate) pay, and

(c) an annual sum of £64 in respect of allowances.

(2) For the purposes of paragraph (a) of sub-rule (1) of this Rule, the annual pay of a member at the time of her retirement or discharge shall, in case she held her retiring grade for less than twelve months, be taken to be the annual pay appropriate to the grade held by her immediately before the commencement of the period of twelve months ending on the date of her retirement or discharge.

2. (1) Where—

(a) a member, whose qualifying service is ten years or more but less than twenty years, is discharged on account of permanent infirmity of body or mind due to disease or injury contracted as the actual result of the employment, or

(b) a member, whose qualifying service is twenty years or more but less than forty years, is discharged on account of disease or injury contracted as the actual result of the nature of the employment, or owing to abolition of office or reorganisation,

the Minister may, if he thinks fit, direct that, for the purposes of computing the amount of the pension of such member under this Schedule, there shall be added to her qualifying service a number of years (in this Rule referred to as the added years) not exceeding one third of her years of qualifying service or the difference between her qualifying service and forty years, whichever is the less, and in that case her qualifying service shall, for the said purposes, be taken to be her years of qualifying service increased by the added years.

(2) Where a member, whose qualifying service is fifteen years or more but less than twenty years, is discharged owing to abolition of office or reorganisation, the Minister may, if he thinks fit, direct that, for the purposes of computing the amount of the pension of such member under this Schedule, there shall be added to her qualifying service a number of years (in this Rule referred to as the added years) not exceeding one-third of her years of qualifying service, and in that case her qualifying service shall, for the said purposes, be taken to be her years of qualifying service increased by the added years.

3. The amount of a pension payable to a member in whose case this Schedule is applicable shall be whichever is the less of the following, that is to say:—

(a) one-sixtieth of her annual emoluments for each year of her qualifying service;

(b) two-thirds of her annual emoluments.

Given under the Official Seal of the Minister for Defence this 5th day of October, 1937.

(Signed) FRANK AIKEN,

Minister for Defence.

I consent to the foregoing Scheme.

(Signed) SEÁN MacENTEE.

Minister for Finance.