S.I. No. 154/1965:

DEFENCE FORCES (PENSIONS) (AMENDMENT) SCHEME, 1965.

DEFENCE FORCES (PENSIONS) (AMENDMENT) SCHEME, 1965.

ARRANGEMENT OF ARTICLES.

Article.

1. Short title, construction and collective citation.

2. Commencement.

3. Application of Interpretation Act, 1937.

4. Definitions.

5. Increase of retired pay of officers retiring on or after 2nd January, 1964.

6. Increase of gratuities of certain married officers.

7. Amendment of Article 26A of the Principle Scheme.

8. Amendment of Article 28A of the Principal Scheme.

9. Revocations.

SCHEDULE.

S.I. No. 154 of 1965.

DEFENCE FORCES, (PENSIONS) (AMENDMENT) SCHEME, 1965.

I, MICHEÁL HILLIARD, Minister for Defence, in exercise of the powers conferred on me by sections 2 , 3 and 5 of the Defence Forces (Pensions) Act, 1932 (No. 26 of 1932), and by section 4 of the Defence Forces (Pensions) (Amendment) Act, 1938 (No. 33 of 1938), hereby, with the consent of the Minister for Finance, make the following Scheme :

1.--(1) This Scheme may be cited as the Defence Forces (Pensions) (Amendment) Scheme, 1965.

(2) The Defence Forces (Pensions) Schemes, 1937 to 1964, and this Scheme shall be construed together and may be cited together as the Defence Forces (Pensions) Schemes, 1937 to 1965.

2. This Scheme shall come into operation immediately upon its being confirmed by resolution of each House of the Oireachtas.

3. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Scheme.

4. In this Scheme--

"the Principal Scheme" means the Defence Forces (Pensions) Scheme, 1937 (S.R. & O., No. 249 of 1937), as amended by subsequent Schemes ;

" the Amending Scheme of 1947 " means the Defence Forces (Pensions) (Amendment) Scheme, 1947 (S.R. & O., No. 81 of 1947);

" the Amending Scheme of 1953 " means the Defence Forces (Pensions) (Amendment) Scheme, 1953 ( S.I. No. 259 of 1953 ) ;

" the Amending Scheme of 1956 " means the Defence Forces (Pensions) (Amendment) Scheme, 1956 ( S.I. No. 35 of 1956 ) ;

" the Amending Scheme of 1957 " means the Defence Forces (Pensions) (Amendment) Scheme, 1957 ( S.I. No. 152 of 1957 ) ;

" the Amending Scheme of 1960 " means the Defence Forces (Pensions) (Amendment) Scheme, 1960 ( S.I. No. 135 of 1960 ) ;

" the Amending Scheme of 1962 " means the Defence Forces (Pensions) (Amendment) Scheme, 1962 ( S.I. No. 42 of 1962 ) ;

" the No. 2 Amending Scheme of 1962 " means the Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1962 ( S.I. No. 126 of 1962 ).

5.--(1) Where retired pay is granted under Articles 5, 6, 7, 8, 9, 9A, 10 or 10A of the Principal Scheme to an officer who retires or is retired on or after the 2nd day of January, 1964, such pay shall be increased by the appropriate percentage indicated in the Table to this Article opposite the mention of such officer's retiring rank.

(2) For the purpose of this Article " retired pay " shall be deemed not to include any increase granted under Article 14 of the Amending Scheme of 1947, Article 4 of the Amending Scheme of 1953, Article 4 of the Amending Scheme of 1956, Article 21 or 22 of the Amending Scheme of 1960, Article 5 of the Amending Scheme of 1962 or Article 5 of the No. 2 Amending Scheme of 1962 but, in relation to an officer who--

(a) is, immediately preceding his retirement, a special service officer within the meaning of Article 13 of the Principal Scheme, and

(b) does not exercise the election conferred on him by paragraph (b) of sub-article (1) of the said Article 13,

shall include the increase granted under paragraph (a) of that sub-article.

(3) This Article shall be deemed to have come into operation on the 1st day of January, 1964.

TABLE

6.--(1) Where a gratuity is payable under Article 11 of the Principal Scheme (inserted by Article 9 of the Amending Scheme of 1947) to an officer who retires or is retired on or after the 2nd day of January, 1964, such gratuity shall be increased by the appropriate percentage indicated in the Table to this Article opposite the mention of such officer's retiring rank and Article 11A of the Principal Scheme (inserted by Article 10 of the Amending Scheme of 1947) shall have effect accordingly.

(2) In this Article and in the Table hereto " retiring rank " has the meaning assigned to it in Rule 1 (inserted by Article 19 of the Amending Scheme of 1957) of the Fifth Schedule to the Principal Scheme.

(3) For the purposes of this Article a gratuity under Article 11 of the Principal Scheme shall be deemed not to include any increase granted under Article 5 of the Amending Scheme of 1953, Article 5 of the Amending Scheme of 1956, Article 23 or 24 of the Amending Scheme of 1960, Article 6 of the Amending Scheme of 1962 or Article 6 of the No. 2 Amending Scheme of 1962.

(4) This Article shall be deemed to have come into operation on the 1st day of January, 1964.

TABLE

7.--(1) Article 26A of the Principal Scheme (inserted by Article 22 of the Amending Scheme of 1947) shall, as respects a long-service soldier discharged on or after the 1st day of January, 1964, have effect as if--

(a) the pension payable to him under sub-article (1) of that Article, as amended by Article 7 of the No. 2 Amending Scheme of 1962, in lieu of being payable at the rate specified in the Table to the said Article 7, were payable at the rate specified in the Table to this Article opposite the mention of his retiring rank,

(b) in the case of a soldier discharged on or after the 1st day of January, 1964, and before the 1st day of February, 1964, a married pension payable to him under sub-article (3) of that Article, as amended by the said Article 7, in lieu of being payable at the rate of sixteen shillings and seven pence per week, were payable at the rate of twenty-one shillings and one penny per week,

(c) in the case of a soldier discharged on or after the 1st day of February, 1964, such married pension, in lieu of being payable at the rate of sixteen shillings and seven pence per week, were payable at the rate of twenty-three shillings and nine pence per week.

(2) In this Article and in the Table hereto " retiring rank " has the meaning assigned to it in Article 25 of the Principal Scheme.

(3) This Article shall be deemed to have come into operation on the 1st day of January, 1964.

TABLE

8.--(1) Article 28A of the Principal Scheme (inserted by Article 26 of the Amending Scheme of 1947) as amended by Article 8 of the No. 2 Amending Scheme of 1962, shall have effect as if the gratuity payable thereunder to a soldier, in lieu of being calculated by reference to the Table to the said Article 8--

(a) were, in the case of a soldier discharged or transferred to the Reserve on or after the 1st day of January, 1964, and before the 1st day of February, 1964, calculated by reference to Table 1 to this Article ;

(b) were, in the case of a soldier discharged or transferred to the Reserve on or after the 1st day of February, 1964, calculated by reference to Table II to this Article.

(2) This Article shall be deemed to have come into operation on the 1st day of January, 1964.

TABLE I

TABLE II

9.--(1) Each Scheme mentioned in the Schedule to this Scheme is hereby revoked to the extent specified in column (3) of that Schedule.

(2) This Article shall be deemed to have come into operation on the 1st day of January, 1965.

Article 9.

SCHEDULE

Schemes Revoked.

GIVEN under my Official Seal, this 7th day of July, 1965.

MICHEÁL HILLIARD.

Minister for Defence. The Minister for Finance hereby consents to the foregoing scheme.

GIVEN under the Official Seal of the Minister for Finance, this 7th day of July, 1965.

SEÁN Ó LOINSIGH.

EXPLANATORY NOTE.

This statutory instrument provides for increases in the amount of retirement benefits payable to certain officers of the Permanent Defence Force retiring on or after 2nd January, 1964 and in the pensions or gratuities payable to soldiers discharged or transferred to the Reserve Defence Force on or after 1st January, 1964.

It also provides for an amendment of the Defence Forces (Pensions) Schemes, 1937 to 1964.