S.I. No. 399/1979:

DEFENCE FORCES (PENSIONS) (AMENDMENT) (No. 5) SCHEME, 1979.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (No. 5) SCHEME, 1979.

ARRANGEMENT OF ARTICLES.

Article

1. Short title, collective citation and construction.

2. Commencement.

3. Application of Interpretation Act, 1937.

4. Retired pay of certain officers.

S.I. No. 399 of 1979.

DEFENCE FORCES (PENSIONS) (AMENDMENT), (No. 5) SCHEME, 1979.

I, ROBERT MOLLOY, Minister for Defence, in exercise of the powers conferred on my 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 ), and the Public Service (Delegation of Ministerial Functions Order, 1978 ( S.I. No. 117 of 1978 ), hereby, with the consent of the Minister of State at the Department of the Public Service, make the following Scheme:

1. (1) This Scheme may be cited as the Defence Forces (Pensions) (Amendment) (No. 5) Scheme, 1979.

(2) The collective citation, the Defence Forces (Pensions) Schemes, 1937 to 1979, shall include this Scheme.

(3) The Defence Forces (Pensons) Schemes, 1937 to 1979, 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. (1) Where an officer--

( a ) retires from the Permanent Defence Force, without a grant of retired pay, and is re-appointed to the Permanent Defence Force, or

( b ) retires from the Permanent Defence Force, without a grant of retired pay, is appointed to the Reserve of Officers (First Line) and is called out--

(i) on permanent service, or

(ii) in aid of the civil power

different periods of full-time service may be aggregated for purposes of pensionable service subject to such recovery of any gratuities paid in respect of the previous full-time service together with compound interest at such rates as may be determined by the Minister from time to time with the consent of the Minister for the Public Service.

(2) Different periods of pensionable service may be aggregated under sub-article (1) of this Article for the purposes of a gratuity only in respect of an officer retiring or dying in service on or after the coming into operation of this Article.

(3) This Article shall not apply as regards any period of service in the Defence Forces which is reckonable for superannuation purposes in any other organisation or service.

(4) This Article shall be deemed to have come into operation on the 1st day of January, 1979.

GIVEN under my Official Seal, this 10th day of December, 1979.

ROBERT MOLLOY,

The Minister of State at the Department of the Public Service hereby consents to the foregoing Scheme.

GIVEN under my hand, this 10th day of December, 1979.

RAY MACSHARRY.

EXPLANATORY NOTE.

This Statutory Instrument provides for aggregation of different periods of full-time service in the Defence Forces for certain officers.