S.I. No. 171/1975:

DEFENCE FORCES (PENSIONS) (AMENDMENT) (No. 2) SCHEME, 1975.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (No. 2) SCHEME, 1975.

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 certain single officers retired on or after 2nd June, 1973.

6. Increase of retired pay of certain single officers retired on or after 2nd December, 1974.

7. Gratuities to single officers retired on or after 2nd June, 1973.

8. Increase of gratuities to single officers retired on or after 2nd December, 1974.

9. Increase of pensions of long-service single soldiers discharged on or after 1st June, 1973.

10. Application of Article 26A (3) of Principal Scheme.

11. Gratuities to long-service single soldiers discharged on or after 1st June, 1973.

12. Increase of gratuities to long-service single soldiers discharged on or after 1st January, 1974.

S.I. No. 171 of 1975.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (No. 2) SCHEME, 1975.

I, PÁDRAIG S. Ó DONNAGAIN, 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:

1. (1) This Scheme may be cited as the Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1975.

(2) The collective citation, the Defence Forces (Pensions) Schemes, 1937 to 1975, shall include this Scheme.

(3) The Defence Forces (Pensions) Schemes, 1937 to 1975, 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 Act, 1937.

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 No. 3 Amending Scheme of 1970" means the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1970 ( S.I. No. 298 of 1970 );

"the Schemes" means the Defence Forces (Pensions) Schemes, 1937 to 1975, but does not include this Scheme.

5. (1) The retired pay granted under Article 5, 6, 7, 8, 9, 9A, 10 or 10A of the Principal Scheme to a single officer of the rank of Lieutenant-Colonel or higher rank, who retires or is retired on or after the 2nd day of June, 1973, shall be increased by an amount equal to seventeen and one-half per cent. of the difference between the retired pay payable to him under the Schemes and the retired pay which would be payable to him, if he had been a married officer at the date of his retirement.

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

6. (1) The retired pay payable under Article 5 of this Scheme to a single officer of the rank of Lieutenant-Colonel or higher rank, who retires or is retired on or after the 2nd day of December, 1974, shall be increased by an amount equal to fifty per cent of the difference between the retired pay payable to such officer under the said Article 5 and the retired pay which would be payable to him, if he had been a married officer at the date of his retirement.

(2) This Article shall be deemed to have come into operation on the 2nd day of December, 1974.

7. (1) Notwithstanding Article 11 of the Principal Scheme (inserted by Article 9 of the Amending Scheme of 1947) where a grant of retired pay is made under Article 5, 6, 7, 8, 9. 9A, 10 or 10A of the Principal Scheme to a single officer, who retires or is retired on or after the 2nd day of June, 1973, such officer may also be paid a gratuity equal to seventeen and one-half per cent of the gratuity which would be payable to him under Article 11 of the Principal Scheme (inserted by Article 9 of the Amending Scheme of 1947), if he had been a married officer at the date of his retirement.

(2) For purposes of Article 5 (1) (a) of the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1972, ( S.I. No. 306 of 1972 ), a gratuity under this Article and under Article 8 of this Scheme shall be deemed to be a gratuity payable under Article 11A of the Principal Scheme (inserted by Article 10 of the Amending Scheme of 1947).

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

8. (1) The gratuity payable under Article 7 of this Scheme to a single officer who retires or is retired on or after the 2nd day of December, 1974, shall be increased by an amount equal to fifty per cent of the difference between the gratuity payable to him under the said Article 7 and the gratuity which would be payable to him, if he had been a married officer at the date of his retirement.

(2) This Article shall be deemed to have come into operation on the 2nd day of December, 1974.

9. (1) Notwithstanding anything contained in the Schemes the pension granted under Article 26A or 27A of the Principal Scheme (inserted by Articles 22 (1) and 24 (1), respectively, of the Amending Scheme of 1947) to a long-service soldier discharged on or after the 1st day of June, 1973, who is at the date of his discharge in receipt of a single rate of pay in accordance with Defence Force Regulations, may be increased by an amount equal to seventeen and one-half per cent of the married pension which would be payable to him under Article 26A (3) of the Principal Scheme (inserted by Article 22 (1) of the said Amending Scheme), if he had been, at the date of his discharge, in receipt of a married rate of pay in accordance with Defence Force Regulations.

(2) This Article shall be deemed to have come into operation on the 1st day of June, 1973.

10. (1) Article 26A (3) of the Principal Scheme (inserted by Article 22 (1) of the Amending Scheme of 1947) shall apply to a soldier discharged on or after the 1st day of January, 1974, who is at the date of his discharge in receipt of a single rate of pay in accordance with Defence Force Regulations, as if, he had been, at the date of his discharge, in receipt of a married rate of pay in accordance with Defence Force Regulations.

(2) This Article shall be deemed to have come into operation on the 1st day of January, 1974.

11. (1) A long-service soldier discharged on or after the 1st day of June, 1973, who is granted a pension under Article 26A or 27A of the Principal Scheme (inserted by Articles 22 (1) and 24 (1), respectively, of the Amending Scheme of 1947) and who is at the date of his discharge in receipt of a single rate of pay in accordance with Defence Force Regulations, may be paid a gratuity equal to seventeen and one-half per cent of the gratuity which would be payable to him under Article 10 of the No. 3 Amending Scheme of 1970, if he had been, at the date of his discharge, in receipt of a married rate of pay in accordance with Defence Force Regulations.

(2) This Article shall be deemed to have come into operation on the 1st day of June, 1973.

12. (1) A long-service soldier discharged on or after the 1st day of January, 1974, who is granted a pension under Article 26A or 27A of the Principal Scheme (inserted by Articles 22 (1) and 24 (1), respectively, of the Amending Scheme of 1947) and who is, at the date of his discharge, in receipt of a single rate of pay in accordance with Defence Force Regulations, may be paid a gratuity equal to the gratuity which would be payable to him under Article 10 of the No. 3 Amending Scheme of 1970, if he had been, at the date of his discharge, in receipt of a married rate of pay in accordance with Defence Force Regulations.

(2) This Article shall be deemed to have come into operation on the 1st day of January, 1974.

GIVEN under my Official Seal, this 30th day of July, 1975.

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 30th day of July, 1975.

RICHIE RYAN.

EXPLANATORY NOTE.

This Statutory Instrument provides for increases in the retirement benefits payable to single officers of the Permanent Defence Force retiring on or after 2nd June, 1973 and in the pensions and gratuities payable to single soldiers discharged on or after 1st June, 1973. The increases arise from the introduction of equalisation of pay as between single and married personnel.