S.I. No. 205/1973:

DEFENCE FORCES (PENSIONS) (AMENDMENT) (No. 2) SCHEME, 1973.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (No. 2) SCHEME, 1973.

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 retiring on or after 2nd January, 1973.

6. Increase of gratuities of certain married officers.

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

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

S.I. No. 205 of 1973.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (No. 2) SCHEME, 1973.

I, PÁDRAIG S. Ó DONNAGÁIN, 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) (No. 2) Scheme, 1973.

(2) The collective citation, the Defence Forces (Pensions) Schemes, 1937 to 1973, shall include this Scheme.

(3) The Defence Forces (Pensions) Schemes, 1937 to 1973, shall be construed together as one Scheme.

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);

"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 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 );

"the Amending Scheme of 1965" means the Defence Forces (Pensions) (Amendment) Scheme, 1965 ( S.I. No. 154 of 1965 );

"the No. 2 Amending Scheme of 1969" means the Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1969 ( S.I. No. 63 of 1969 );

"the No. 3 Amending Scheme of 1969" means the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1969 ( S.I. No. 144 of 1969 );

"the Amending Scheme of 1970" means the Defence Forces (Pensions) (Amendment) Scheme, 1970 ( S.I. No. 143 of 1970 );

"the No. 2 Amending Scheme of 1971" means the Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1971 ( S.I. No. 52 of 1971 );

"the No. 2 Amending Scheme of 1972" means the Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1972 ( S.I. No. 216 of 1972 ).

5. (1) Where retired pay is granted under Article 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, 1973, 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 purposes 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, Article 5 of the No. 2 Amending Scheme of 1962, Article 5 of the Amending Scheme of 1965, Article 5 of the No. 2 Amending Scheme of 1969, Article 5 of the No. 3 Amending Scheme of 1969, Article 5 of the Amending Scheme of 1970, Article 5 of the No. 2 Amending Scheme of 1971 or Article 5 of the No. 2 Amending Scheme of 1972 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 Article 13 (1) (b) of the Principal Scheme,

shall include the increase granted under Article 13 (1) (a) of the Principal Scheme.

(3) This Article shall be deemed to have come into operation on the 2nd day of January, 1973.

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, 1973, 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 Defence Forces (Pensions) (Amendment) Scheme, 1957 ( S.I. No. 152 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, Article 6 of the No. 2 Amending Scheme of 1962, Article 6 of the Amending Scheme of 1965, Article 6 of the No. 2 Amending Scheme of 1969, Article 6 of the No. 3 Amending Scheme of 1969, Article 6 of the Amending Scheme of 1970, Article 6 of the No. 2 Amending Scheme of 1971 or Article 6 of the No. 2 Amending Scheme of 1972.

(4) This Article shall be deemed to have come into operation on the 2nd day of January, 1973.

TABLE.

7. (1) Article 26A of the Principal Scheme (inserted by Article 22 of the Amending Scheme of 1947) shall, in relation to a long-service soldier discharged on or after the 1st day of July, 1972, 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 1972), in lieu of being payable at the rate specified in the Table to the said Article 7, were payable at the rate specified in Table I to this Article opposite the mention of his retiring rank,

(b) the additional increase payable under sub-article (2) of that Article (as amended by Article 9 of the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1970 ( S.I. No. 298 of 1970 )), in lieu of being payable at the rate specified in the Table to the said Article 9, were payable at the rate specified in Table II to this Article,

(c) in the case of a soldier discharged on or after the 1st day of July, 1972, and before the 1st day of January, 1973, a married pension payable to him under sub-article (3) of that Article (as amended by Article 7 of the No. 2 Amending Scheme of 1972), in lieu of being payable at the rate of two pounds seventy-five new pence per week, were payable at that rate of two pounds eighty-five new pence per week,

(d) in the case of a soldier discharged on or after the 1st day of January, 1973, such married pension, in lieu of being payable at the rate of two pounds seventy-five new pence per week, were payable at the rate of three pounds and four new pence per week.

(2) In this Article and in Table I 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 July, 1972.

TABLE I

TABLE II

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 1972, shall have effect as if the gratuity payable thereunder to a soldier, in lieu of being calculated by reference to Table IV 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 July, 1972, and before the 1st day of January, 1973, calculated by reference to Table I to this Article;

(b) were, in the case of a soldier discharged or transferred to the Reserve on or after the 1st day of January, 1973, 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 July, 1972.

TABLE I.

TABLE II.

GIVEN under my Official Seal, this 20th day of July, 1973.

PÁDRAIG S. Ó DONNAGAIN.

The Minister for Finance hereby consents to the foregoing Scheme.

GIVEN under the Official Seal of the Minister for Finance, this 20th day of July, 1973.

RICHIE RYAN.

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, 1973 and in the pensions or gratuities payable to soldiers discharged or transferred to the Reserve Defence Force on or after 1st July, 1972.