S.I. No. 177/1979:

CIVIL SERVICE WIDOWS' AND CHILDREN'S CONTRIBUTORY PENSION (AMENDMENT) SCHEME, 1979.

CIVIL SERVICE WIDOWS' AND CHILDREN'S CONTRIBUTORY PENSION (AMENDMENT) SCHEME, 1979.

I, RAY MacSHARRY, Minister of State at the Department of the Public Service, in exercise of the powers conferred on me by section 2 of the Superannuation and Pensions Act, 1976 (No. 22 of 1976), and the Public Service (Delegation of Ministerial Functions) Order, 1978 ( S.I. No. 117 of 1978 ), hereby make the following scheme:

1. (1) This Scheme may be cited as the Civil Service Widows' and Children's Contributory Pension (Amendment) Scheme, 1979.

(2) The Civil Service Widows' and Children's Contributory Pension Scheme, 1977, ( S.I. No. 132 of 1977 ), and this Scheme may be cited together as the Civil Service Widows' and Children's Contributory Pension Schemes, 1977 and 1979.

2. This Scheme shall be deemed to have come into force on the 1st day of January, 1979.

3. The Civil Service Widows' and Children's Contributory Pension Scheme, 1977, is hereby amended by--

( a ) the substitution of "child or a step-child of the deceased or a person lawfully adopted by the deceased " for "or lawfully adopted person " in the definition of "child" in Article 3 (1);

( b ) the addition of the following additional proviso to Article 6 (5):

", and provided also that the amount payable to the widow under this Scheme in respect of the period of one month commencing on the day immediately following that of the deceased's death may be paid at any time on or after the first day of the said period";

( c ) the addition of the following sub-paragraph to Article 7 (1):

"( d ) because he is the step-child of the deceased, if the deceased's marriage to the child's mother took place after the deceased's last day of reckonable service."; and

( d ) the substitution of the following paragraph for paragraph (2) of Article 7:

"(2) A child shall not be eligible for a children's pension in respect of more than one member. Where a child would, apart from this paragraph, be eligible for a children's pension in respect of two or more members, the child shall be treated under this Scheme in the way which, in the opinion of the Minister, will give the most favourable overall result for the child.".

GIVEN under my hand, this 17th day of May, 1979.

RAY MacSHARRY.

Minister of State at the Department of the Public Service.

EXPLANATORY NOTE.

This scheme amends the Civil Service Widows' and Children's Contributory Pension Scheme, 1977 ( S.I. No. 132 of 1977 ) to enable the payment in advance of the rate of pension payable to a widow in respect of the first month of widowhood and to allow the payment of children's pensions in respect of stepchildren.