S.I. No. 214/1983:

DEFENCE FORCES (PENSIONS) (AMENDMENT) (No. 3) SCHEME, 1983.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (No. 3) SCHEME, 1983.

ARRANGEMENT OF ARTICLES

Article

1. Short title, collective citation and construction.

2. Commencement.

3. Application of the Interpretation Act, 1937.

4. Definitions.

5. Increase of retired pay of officers retiring on or after 2nd day of October, 1982.

6. Increase of gratuities of officers retiring on or after 2nd day of October, 1983.

7. Amendment of Article 26A of the Principal Scheme.

8. Amendment of Article 28A of the Principal Scheme.

S.I. No. 214 of 1983.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (No. 3) SCHEME, 1983.

I, PATRICK COONEY, 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. 3) Scheme, 1983.

(2) The collective citation, the Defence Forces (Pensions) Schemes, 1937 to 1983, shall include this Scheme.

(3) The Defence Forces (Pensions) Schemes, 1937 to 1983, 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. 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 1982" means the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1982 ( S.I. No. 247 of 1982 ).

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 October, 1982, such pay (as increased by Article 5 of the No. 3 Amending Scheme of 1982) 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 October, 1982.

TABLE

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 October, 1982, such gratuity (as increased by Article 6 of the No. 3 Amending Scheme of 1982) 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 October, 1982.

TABLE

7. (1) The Principal Scheme shall be construed and have of 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 No. 3 Amending Scheme of 1982);

"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 October, 1982, and whose qualifying service is 21 years or more, a pension at the rate per week specified in Table 1 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 1 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 or on 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 1 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 October, 1982.

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 No. 3 Amending Scheme of 1982) 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 calculated by reference to the Table to this Article.

(2) This Article shall be deemed to have come into operation on the 1st day of October, 1982.

TABLE.

GIVEN under my Official Seal, this 25th day of July, 1983.

PATRICK COONEY

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

Given under the Official of the Minister for the Public Service, this 25th

day of July, 1983.

JOHN BOLAND

EXPLANATORY NOTE.

This statutory instrument provides for increases in the amount of retirement benefits payable to officers of the Permanent Defence Force retiring on or after 2nd October, 1982 and in the pensions and gratuities payable to soldiers discharged or transferred to the Reserve Defence Force on or after 1st October, 1982.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (No. 3) SCHEME, 1983.

EXPLANATORY MEMORANDUM

The Defence Forces (Pensions) Acts, 1932 to 1975 empower the Minister for Defence with the consent of the Minister for the Public Service, to make pension schemes in relation to former members of the Permanent Defence Force (including the Army Nursing Service and the Chaplaincy Service) Section 2 of the Defence Forces (Pensions) (Amendment) Act, 1975 provides that such a scheme shall not require a resolution of either House of the Oireachtas in order to come into force but shall come into force as provided by that Scheme.

The present Scheme provides for increases in the retirement benefits of officers of the Permanent Defence Force who retired on or after 2nd October, 1982 and non-commissioned officers and privates who were discharged or transferred to the Reserve Defence Force on or after 1st October, 1982. The increases are related to the increases in Army pay operative from 1st January, 1983, under the third phase of the agreement on Pay in the Public Service postponed from 1 October, 1982 to 1 January, 1983. An explanation of the various Articles is set out briefly below:--

Articles 1 to 4 are merely definitory.

Article 5 provides for increases of retired pay for certain officers who retired on or after the 2nd October, 1982.

Article 6 provides for increases in the retirement gratuities to officers to whom the preceding Article applies.

Article 7 provides for increases in the pensions payable to long-service soldiers discharged on or after the 1st October, 1982.

Article 8 provides for increases in the gratuities payable to soldiers discharged or transferred to the Reserve Defence Force on or after the 1st October, 1982.

Roinn Cosanta.