S.I. No. 217/1994:

DEFENCE FORCES (PENSIONS) (AMENDMENT) SCHEME, 1994.

DEFENCE FORCES (PENSIONS) (AMENDMENT) SCHEME, 1994.

ARRANGEMENT OF ARTICLES.

Article

1. Short title, collective citation and construction.

2. Commencement.

3. Application of the Interpretation Act, 1937.

4. Retired pay and gratuity of a certain officer.

S.I. No. 217 of 1994.

DEFENCE FORCES (PENSIONS) (AMENDMENT) SCHEME, 1994.

I, DAVID ANDREWS, 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), hereby, with the consent of the Minister for Finance, make the following Scheme:

1. (1) This Scheme may be cited as the Defence Forces (Pensions) (Amendment) Scheme, 1994.

(2) The Defence Forces (Pensions) Schemes, 1937 to 1993, and this Scheme shall be construed together as one Scheme and may be cited together as the Defence Forces (Pensions) Schemes, 1937 to 1994.

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) This Article applies to an officer who--

( a ) was promoted to the acting rank of Major-General with effect from the 1st day of April, 1992,

( b ) was granted special leave without pay and allowances to take up the appointment of Force Commander of the United Nations Peacekeeping Force in Cyprus, and

( c ) retires from the Permanent Defence Force in the rank of Major-General.

(2) The yearly rate of retired pay of an officer to whom this Article applies shall be 50 per cent of the annual rate of pay appropriate to the rank of Major-General at the date of his retirement, provided that he does not either at that date or subsequently qualify for any superannuation benefits from the United Nations Organisation other than a refund of his own superannuation contributions to that Organisation.

(3) For the purposes of the calculation of the gratuity payable on his retirement to an officer to whom this Article applies, his pay at the date of his retirement shall, subject to the proviso in sub-article (2) of this Article, be calculated by reference to the annual rate of pay appropriate to the rank of Major-General at that date.

GIVEN under my Official Seal, this 20th day of July, 1994.

DAVID ANDREWS.

The Minister for Finance hereby consents to the making of the foregoing Scheme.

GIVEN under the Official Seal of the Minister for Finance, this 20th day of July, 1994.

BERTIE AHERN.

EXPLANATORY NOTE.

This Statutory Instrument provides for the payment of retired pay and gratuity at rates appropriate to the rank of Major-General to a certain officer of the Permanent Defence Force.