S.I. No. 50/1971:

DEFENCE FORCES (PENSIONS) (AMENDMENT) SCHEME, 1971.

DEFENCE FORCES (PENSIONS) (AMENDMENT) SCHEME, 1971.

Arrangement of Articles:

Article

1. Short title, collective citation and construction.

2. Commencement.

3. Application of Interpretation Act, 1937.

4. Definitions.

5. Increase of retired pay of officers retired before 2nd June, 1968.

6. Increase of retired pay under Article 19 of Amending Scheme of 1960.

7. Increase of pensions of certain deceased officers' widows.

8. Increase of pensions of certain deceased officers' children.

9. Increase of pensions under Article 26A or 27A of Principal Scheme.

10. Increase of pensions of certain members of Army Nursing Service.

11. Increase of pensions of certain members of Chaplaincy Service.

12. Amendment of Article 20 of Amending Scheme of 1953.

S.I. No. 50 of 1971.

DEFENCE FORCES (PENSIONS) (AMENDMENT) SCHEME, 1971.

I, DIARMUID Ó CROINÍN, 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, 1971.

(2) The Defence Forces (Pensions) Scheme, 1937 to 1970, and this Scheme shall be construed together as one Scheme and may be cited together as the Defence Forces (Pensions) Schemes, 1937 to 1971.

2. This Scheme shall come into force on the day after the date on which it is made.

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 Schemes" means the Defence Forces (Pensions) Schemes, 1937 to 1970.

5. The retired pay payable under Article 5, 6, 7, 8, 9, 9A, 10 or 10A of the Principal Scheme (including retired pay increased under Article 13 (1) (a) of the Scheme) to an officer who retired or was retired before the 2nd day of June, 1968, shall, with effect from the 1st day of August, 1970, be the amount which would be payable to him under the Schemes if the date of his retirement had been the 2nd day of June, 1968, and his rank, service in that rank, total service and single or married status were the same as those on the date of his actual retirement.

6. The retired pay payable under Article 19 of the Defence Forces (Pensions) (Amendment) Scheme, 1960 ( S.I. No. 135 of 1960 ), to an officer shall, with effect from the 1st day of August, 1970, be the amount which would be payable to him under the Schemes if the date of his retirement had been the 2nd day of June, 1968, and his rank, service in that rank, total service and single or married status were the same as those on the date of his actual retirement.

7. Article 20 (1) of the Principal Scheme shall, with effect from the 1st day of August, 1970, have effect as if for the Table thereto there were substituted the following Table:

TABLE

"

8. Every pension payable under Article 20 (2) of the Principal Scheme to a child of a deceased officer shall, with effect from the 1st day of August, 1970, be increased as follows:--

(a) while the child's mother is living--to £63 per annum,

(b) after the death of the child's mother--to £92 10s. per annum.

9. The pension (including married pension) payable under Article 26A of the Principal Scheme (inserted by Article 22 of the Defence Forces (Pensions) (Amendment) Scheme, 1947 (S.R. & O., No. 81 of 1947)), or Article 27A of the Principal Scheme (inserted by Article 24 of the said Defence Forces (Pensions) (Amendment) Scheme, 1947), to a soldier discharged before the 1st day of June, 1968, shall, with effect from the 1st day of August, 1970, be the amount which would be payable to him under the Schemes if the date of his discharge had been the 1st day of June, 1968, and his rank, service in that rank, total service and single or married status were the same as those on the date of his actual discharge.

10. The pension payable under Part IV of the Principal Scheme to a member of the Army Nursing Service who resigned or whose services were terminated with effect from a date prior to the 2nd day of June, 1968, shall, with effect from the 1st day of August, 1970, be the amount which would be payable to her under the Schemes if the effective date of her resignation or of the termination of her services had been the 2nd day of June, 1968, and her rank, service in that rank and total service were the same as those on the actual effective date of her resignation or of the termination of her services.

11. The pension payable under Part IVA of the Principal Scheme (inserted by Article 12 of the Defence Forces (Pensions) (Amendment) Scheme, 1949 ( S.I. No. 209 of 1949 )) to a member of the Chaplaincy Service whose services were terminated with effect from a date prior to the 2nd day of June, 1968, shall, with effect from the 1st day of August, 1970, be the amount which would be payable to him under the Schemes if the effective date of the termination of his services had been the 2nd day of June, 1968, and his grade of appointment, service in that grade and total service were the same as those on the actual effective date of the termination of his services.

12. Article 20 of the Defence Forces (Pensions) (Amendment) Scheme, 1953 ( S.I. No. 259 of 1953 ), is hereby, with effect from the 1st day of August, 1970, amended by the substitution of "£410" for "£358" (inserted by Article 13 of the Defence Forces (Pensions) (Amendment) (No. 5) Scheme 1969 ( S.I. No. 247 of 1969 )).

GIVEN under my Official Seal, this 12th day of February, 1971.

DIARMUID Ó CRÓINÍN.

The Minister for Finance hereby consents to the foregoing Scheme.

GIVEN under the Official Seal of the Minister for Finance, this 12th day of February, 1971.

SEOIRSE Ó COLLA.

EXPLANATORY NOTE.

This statutory instrument provides for the Budgetary increases effective from 1st August, 1970, in the pensions of Army personnel (including members of the Nursing and Chaplaincy Services) payable under the Defence Forces (Pensions) Schemes, 1937 to 1970.