STATUTORY INSTRUMENTS.

S.I. No. 362 of 1981.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (No. 2) SCHEME, 1981.

S.I. No. 362 of 1981.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (No. 2) SCHEME, 1981.

ARRANGEMENT OF ARTICLES

Article

I, JAMES TULLY, 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. 2) Scheme, 1981.

(2) The collective citation, the Defence Forces (Pensions) Schemes, 1937 to 1981, shall include this Scheme.

(3) The Defence Forces (Pensions) Schemes, 1937 to 1981, shall be construed together as one Scheme.

Commencement.

2. This Scheme shall come into force on the day after the date on which it is made.

Application of Interpretation Act, 1937.

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

Definitions.

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 1980” means the Defence Forces (Pensions) (Amendment) Scheme, 1980 ( S.I. No. 266 of 1980 );

“the No. 2 Amending Scheme of 1980” means the Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1980 ( S.I. No. 366 of 1980 ).

Increase of retired pay of officers retiring on or after 2nd day of September, 1980.

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 September, 1980, such pay (as increased by Article 5 of the No. 2 Amending Scheme of 1980) shall be further increased by the appropriate percentage indicated in the Table to this Article opposite the mention of such officer's retiring rank.

(2) This Article shall be deemed to have come into operation on the 2nd day of September, 1980.

TABLE

Increase of gratuities of officers retiring on or after 2nd day of September, 1980.

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 September, 1980, such gratuity (as increased by Article 6 of the No. 2 Amending Scheme of 1980) shall be further 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 said 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) This Article shall be deemed to have come into operation on the 2nd day of September, 1980.

TABLE

Amendment of Article 26A of the Principal Scheme.

7. (1) The Principal Scheme shall be construed and have effect as if the following Article were substituted for Article 26A (inserted by Article 22 of the Amending Scheme of 1947) (as amended by Article 7 of the Amending Scheme of 1980):

“26A. (1) Subject to the provisions of this Scheme, there may be granted to any long-service soldier who is discharged on or after the 1st day of September, 1980, and whose qualifying service is 21 years or more, a pension at the rate per week specified in Table I to this Article opposite the mention of his retiring rank.

(2) Where--

(a) a soldier is permitted to extend his service in the Forces beyond 21 years service, and

(b) such soldier's qualifying service is 22 years or more, and

(c) such soldier is granted a pension under sub-article (1) of this Article,

Table I to this Article shall have effect as if the weekly sum set out in the appropriate column of the said Table opposite the mention of his retiring rank were increased, in respect of each year of his qualifying service in excess of twenty-one years but not in excess of 31 years, by £0.05 plus an additional increase at the rate specified in Table II to this Article.

(3) In the case of a soldier who is discharged before the 1st day of August, 1978, the additional increase specified in Table II to this Article shall cease to be payable when he reaches the age of 70 years or becomes otherwise entitled to a retirement pension under the Social Welfare Acts.

(4) Notwithstanding anything contained in sub-article (3) of this Article, the additional increase specified in Table II to this Article shall continue to be payable when a soldier reaches the age of 70 years, if, without his own default, he fails to qualify for a contributory old age pension under the Social Welfare Acts.

(5) In the case of a soldier who is discharged on or after the 1st day of August, 1978, the additional increase specified in Table II to this Article shall cease to be payable when he reaches the age prescribed for a contributory old age pension or becomes otherwise entitled to a retirement pension under the Social Welfare Acts.

(6) Notwithstanding anything contained in sub-article (5) of this Article, the additional increase specified in Table II to this Article shall continue to be payable when a soldier reaches the age prescribed for a contributory old age pension if, without his own default, he fails to qualify for a contributory old age pension under the Social Welfare Acts.

(7) In this Article and in Table I hereto “retiring rank” has the meaning assigned to it in Article 25 of the Principal Scheme.

TABLE I

TABLE II

”.

(2) This Article shall be deemed to have come into operation on the 1st day of September, 1980.

Amendment of Article 28A of the Principal Scheme.

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 Amending Scheme of 1980) shall have effect as if the gratuity payable thereunder to a soldier, in lieu of being calculated by reference to Table II to the said Article 8, were--

(a) in the case of a soldier discharged or transferred to the Reserve on or after the 1st day of September, 1980, and before the 1st day of October, 1980, calculated by reference to Table I to this Article,

(b) in the case of a soldier discharged or transferred to the Reserve on or after the 1st day of October, 1980, calculated by reference to Table II to this Article,

(c) in the case of a soldier discharged or transferred to the Reserve on or after the 1st day of June, 1981, calculated by reference to Table III to this Article.

(2) This Article shall be deemed to have come into operation on the 1st day of September, 1980.

TABLE I

TABLE II

TABLE III

Amendment of Article 20 of the Principal Scheme.

9. Article 20 of the Principal Scheme is hereby amended by the insertion after sub-article (3) of the following sub-article--

“(3A) Notwithstanding that a pension ceases to be payable under sub-article (3) of this Article, the Minister may, if he is satisfied that the re-marriage has come to an end, or that there are compassionate grounds for the payment of a pension, restore the pension--

(a) in case the re-marriage has terminated, from the date of the termination, or

(b) in any other case, from a date not earlier than the date on which the application for the restoration was received”.

Amendment of Article 42 of the Amending Scheme of 1947.

10. (1) Article 42 of the Amending Scheme of 1947 is hereby amended by the substitution for sub-article (7) of the following sub-article--

“(7) For the purposes of this Article each of the following and no other persons shall be a relative of a deceased soldier--

(a) his widow,

(b) his son,

(c) his daughter,

(d) his mother,

(e) his father,

(f) in any other case, his Legal Personal Representative.”

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

Amendment of Article 20 of the Amending Scheme of 1949.

11. (1) Article 20 of the Defence Forces (Pensions) (Amendment) Scheme, 1949 ( S.I. No. 209 of 1949 ) is hereby amended by the substitution for sub-article (7) of the following sub-article--

“(7) For the purpose of this Article each of the following and no other persons shall be a relative of a deceased officer--

(a) his widow,

(b) his son,

(c) his daughter,

(d) his mother,

(e) his father,

(f) in any other case, his Legal Personal Representative”.

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

Revocation of the Amending Scheme of 1981.

12. The Defence Forces (Pensions) (Amendment) Scheme, 1981 ( S.I. No. 174 of 1981 ) is hereby revoked.

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

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Statutory Instrument provides for increases in the amount of retirement benefits payable to officers of the Per manent Defence Force retiring on or after 2nd September, 1980 and in the pensions and gratuities payable to soldiers discharged or transferred to the Reserve Defence Force on or after 1st September, 1980; the restoration of certain widows' pensions and an amendment to the list of defined relatives for death gratuity purposes.