S.I. No. 300/1985 -- Defence Forces (Pensions) (Amendment)(No. 4) Scheme, 1985.
S.I. No. 300/1985: DEFENCE FORCES (PENSIONS) (AMENDMENT)(NO. 4) SCHEME, 1985. |
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DEFENCE FORCES (PENSIONS) (AMENDMENT)(NO. 4) SCHEME, 1985. |
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ARRANGEMENT OF ARTICLES. |
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Article |
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5. Amendment of Article 42 of Defence Forces (Pensions) (Amendment) Scheme, 1947. |
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6. Amendment of Article 20 of Defence Forces (Pensions) (Amendment) Scheme, 1949. |
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8. Restriction on grant of pensions and gratuities to soldiers. |
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S.I. No. 300 of 1985. |
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DEFENCE FORCES (PENSIONS) (AMENDMENT) |
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(NO. 4) SCHEME, 1985. |
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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: |
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Short title, collective citation and construction. | ||
1. (1) This Scheme may be cited as the Defence Forces (Pensions) (Amendment) (No. 4) Scheme, 1985. |
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(2) The collective citation "the Defence Forces (Pensions) Schemes, 1937 to 1985" shall include this Scheme. |
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(3) The Defence Forces (Pensions) Schemes, 1937 to 1985, shall be construed together as one Scheme. |
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Commencement. | ||
2. This Scheme shall come into force on the day after the date on which it is made. |
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Application of Interpretation Act, 1937 . | ||
3. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Scheme. |
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Definitions. | ||
4. In this Scheme-- |
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"the Principal Scheme" means the Defence Forces (Pensions) Scheme, 1937 (S. R. & O., No. 249 of 1937) |
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"the No. 2 Amending Scheme of 1981" means the Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1981 (S.I. No. 362 of 1981). |
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Amendment of Article 42 of Defence Forces (Pensions) (Amendment) Scheme, 1947. | ||
5. (1) Article 42 of the Defence Forces (Pensions) (Amendment) Scheme, 1947 (S. R. & O., No. 81 of 1947), is hereby amended by the substitution for sub-article (7) of the following sub-article:-- |
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"(7) For the purposes of this Article each of the following and no other persons shall be deemed to be a relative of a deceased soldier, his-- |
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( a ) widow, |
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( b ) widower, |
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( c ) son, |
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( d ) daughter, |
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( e ) mother, |
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( f ) father, |
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( g ) brother, |
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( h ) sister, |
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( i ) legal personal representative.". |
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(2) Article 10 of the No. 2 Amending Scheme of 1981 is hereby revoked. |
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(3) This Article shall be deemed to have come into operation on the 1st day of January, 1982. |
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Amendment of Article 20 of Defence Forces (Pensions) (Amendment) Scheme, 1949. | ||
6. (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:-- |
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"(7) For the purposes of this Article each of the following and no other persons shall be deemed to be a relative of a deceased officer, his-- |
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( a ) widow, |
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( b ) widower, |
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( c ) son, |
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( d ) daughter, |
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( e ) mother, |
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( f ) father, |
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( g ) brother, |
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( h ) sister, |
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( i ) legal personal representative.". |
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(2) Article 11 of the No. 2 Amending Scheme of 1981 is hereby revoked. |
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(3) This Article shall be deemed to have come into operation on the 1st day of January, 1982. |
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Amendment of Article 32A of the Principal Scheme. | ||
7. (1) Article 32A of the Principal Scheme (inserted by Article 12 of the Defence Forces (Pensions) (Amendment) Scheme, 1978 ( S.I. No. 246 of 1978 )), is hereby amended by the substitution for sub-article (4) of the following sub-article:-- |
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"(4) For the purposes of this Article each of the following and no other persons shall be deemed to be a relative of a deceased member-- |
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( a ) her widower, |
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( b ) her son, |
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( c ) her daughter, |
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( d ) her mother, |
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( e ) her father, |
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( f ) her brother, |
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( g ) her sister, |
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( h ) her legal personal representative.". |
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(2) This Article shall be deemed to have come into operation on the 1st day of January, 1982. |
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Restriction on grant of pensions and gratuities to soldiers. | ||
8. (1) The Principal Scheme is hereby amended by the insertion after Article 28B (inserted by Article 5 of the Defence Forces (Pensions) (Amendment) (No. 4) Scheme, 1984 ( S.I. No. 114 of 1984 )) of the following Article-- |
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"28C. Where a man of the Reserve of Men (First Line) is discharged from the Reserve Defence Force for the purpose of re-enlisting in the Permanent Defence Force, a pension or gratuity shall not be granted to him on such discharge in respect of any period of qualifying service prior to such re-enlistment." |
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(2) This Article shall be deemed to have come into operation on the 1st day of August, 1985. |
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GIVEN under my Official Seal, this 6th day of September, 1985. |
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PATRICK COONEY. |
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The Minister for the Public Service hereby consents to the foregoing Scheme. |
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GIVEN under the Official Seal of the Minister for the Public Service, |
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this 6th day of September, 1985. |
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JOHN BOLAND. |
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EXPLANATORY NOTE. |
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This Statutory Instrument provides for amendments to the list of defined relatives for death gratuity purposes and a prohibition on the grant of pensions and gratuities to soldiers discharged from the Reserve Defence Force for the purpose of re-enlisting in the Permanent Defence Force. |
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