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Irish Statutory Instruments
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URL: http://www.bailii.org/ie/legis/num_reg/1974/0236.html

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S.I. No. 236/1974 -- Defence Forces (Pensions) (Amendment) (No. 4) Scheme, 1974.

S.I. No. 236/1974 -- Defence Forces (Pensions) (Amendment) (No. 4) Scheme, 1974. 1974 236

S.I. No. 236/1974:

DEFENCE FORCES (PENSIONS) (AMENDMENT) (NO. 4) SCHEME, 1974.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (NO. 4) SCHEME, 1974.

ARRANGEMENT OF ARTICLES.

Article

1. Short title, collective citation and construction.

2. Commencement.

3. Application of Interpretation Act, 1937.

4. Definition.

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

S.I. No. 236 of 1974.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (NO. 4) SCHEME, 1974.

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), as adapted by the Public Service (Transfer of Departmental Administration and Ministerial Functions) Order, 1973 ( S.I. No. 294 of 1973 ), hereby, with the consent of the Minister for the Public Service, make the following Scheme :

Short title, collective citation and construction.

1. (1) This Scheme may be cited as the Defence Forces (Pensions) (Amendment) (No. 4) Scheme, 1974.

(2) The collective citation, the Defence Forces (Pensions) Schemes, 1937 to 1974, shall include this Scheme.

(3) The Defence Forces (Pensions) Schemes, 1937 to 1974 shall be construed together as one scheme.
Commencement.

2. This Scheme shall come into operation immediately upon its being confirmed by resolution of each House of the Oireachtas.
Application of Interpretation Act, 1937 .

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

4. In this Scheme "the Principal Scheme" means the Defence Forces (Pensions) Scheme, 1937 (S. R. & O., No. 249 of 1937).
Increase of pensions of certain deceased officers' widows.

5. (1) Article 20 (1) of the Principal Scheme shall, with effect from the 1st day of July, 1974, have effect as if for the Table thereto there were substituted the following Table:--

TABLE
Rank Amount of Pension
Second-Lieutenant or Lieutenant £348·84 a year or 25 per cent of the deceased officer's retired pay, whichever is greater.
Captain £427·68 a year or 30 per cent of the deceased officer's retired pay, whichever is greater.
Commandant £504·36 a year or 31·5 per cent of the deceased officer's retired pay, whichever is greater.
Major-or Lieutenant-Colonel £572·04 a year or 28 per cent of the deceased officer's retired pay, whichever is greater.
Colonel £683·40 a year or 27·5 per cent of the deceased officer's retired pay, whichever is greater.
Major-General or higher rank £759·24 a year or 25·5 per cent of the deceased officer's retired pay, whichever is greater.

(2) For purposes of Article 20 (1) of the Principal Scheme a deceased officer's retired pay means--

( a ) in case the officer died while in receipt of retired pay, the retired pay which would be payable to him if the date of his retirement had been the 2nd day of July, 1974, and his appointment, rank, service in that rank were the same as those on the date of his actual retirement;

( b ) in case the officer died before qualifying for retired pay, his accrued retired pay which will be calculated by crediting him with the amount of pensionable service which he would have had if he had served to the retiring age prescribed for his rank, or the age of 65 in the case of a person of higher rank than Major-General and which will be based on the appropriate rate of retired pay in force on 1st day of July, 1974, for an officer of his rank and service.

GIVEN under my Official Seal, this 25th day of July, 1974.

PÁDRAIG S. Ó DONNAGÁIN.

The Minister for the Public Service hereby consents to the foregoing Scheme.

GIVEN under the Official Seal of the Minister for the Public Service

this 25th day of July, 1974.

RICHIE RYAN.

EXPLANATORY NOTE.

This statutory instrument provides for increases in the amount of pensions payable to certain widows of officers of the Permanent Defence Force.

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URL: http://www.bailii.org/ie/legis/num_reg/1974/0236.html