S.I. No. 247/1982:

DEFENCE FORCES (PENSIONS) (AMENDMENT) (No. 3) SCHEME, 1982.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (No. 3) SCHEME, 1982.

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 December, 1981.

6. Increase of gratuities of officers retiring on or after 2nd day of December, 1981.

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

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

9. Amendment of Article 20 of the Principal Scheme.

S.I. No. 247 of 1982.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (NO. 3) SCHEME, 1982.

I, PATRICK POWER, 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, 1982.

(2) The collective citation, the Defence Forces (Pensions) Schemes, 1937 to 1982, shall include this Scheme.

(3) The Defence Forces (Pensions) Schemes, 1937 to 1982, 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. 2 Amending Scheme of 1981" means the Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1981 (S.I. No. 362 of 1981).

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 December, 1981, such pay (as increased by Article 5 of the No. 2 Amending Scheme of 1981) 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 December, 1981.

TABLE.

6. (1) Where a gratuity is payable under Article II 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 December, 1981, such gratuity (as increased by Article 6 of the No. 2 Amending Scheme of 1981) 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 11 A 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 December, 1981.

TABLE.

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 No. 2 Amending Scheme of 1981);

"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 December, 1981, 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 December, 1981.

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. 2 Amending Scheme of 1981) shall have effect as if the gratuity payable thereunder to a soldier, in lieu of being calculated by reference to Table III 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 December, 1981, and before the 1st day of March, 1982, 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 March, 1982, calculated by reference to Table II to this Article.

(2) This Article shall be deemed to have come into operation on the 1st day of December, 1981.

TABLE I.

TABLE II.

9. Article 20 of the Principal Scheme is hereby amended by the insertion after Sub-article (3A) (inserted by Article 9 of the No. 2 Amending Scheme of 1981) of the following sub-article--

"(3B) Every pension restored under sub-article 3A of this Article shall be subject to such conditions as the Minister may determine."

GIVEN under my Official Seal, this 23rd day of July, 1982.

PATRICK POWER.

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

GIVEN under the Official Seal of the Minister for the Public Service, this

23rd day of July, 1982.

GENE FITZGERALD.

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 December, 1981 and in the pensions and gratuities payable to soldiers discharged or transferred to the Reserve Defence Force on or after 1st December, 1981. It also amends the conditions governing the restoration of certain widows' pensions under the Schemes.