S.I. No. 223/1974:

DEFENCE FORCES (PENSIONS) (AMENDMENT) (NO. 2) SCHEME, 1974.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (NO. 2) SCHEME, 1974.

ARRANGEMENTS OF ARTICLES.

Article

1. Short title, collective citation and construction.

2. Commencement.

3. Application of Interpretation Act, 1937.

4. Definitions.

5. Increase of retired pay of officers retiring on or after 2nd June, 1974.

6. Increase of gratuities of certain married officers.

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

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

S.I. No. 223 of 1974.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (NO. 2) SCHEME, 1974.

I, PÁDRAIG S. Ó DONNAGÁIN, 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. 2) Scheme, 1974.

(2) The collective citation, the Defence Forces (Pensions) Schemes, 1937 to 1974, shall include this Scheme.

(3) The Defence Forces (Pensions) Schemes, 1937 to 1974, 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 1973 "means the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1973 ( S.I. No. 295 of 1973 ).

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 June, 1974, such pay (as increased by Article 5 of the No. 3 Amending Scheme, 1973) 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 June, 1974.

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 June, 1974, such gratuity (as increased by Article 6 of the No. 3 Amending Scheme of 1973) 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 June, 1974.

TABLE

7. (1) Article 26A of the Principal Scheme (inserted by Article 22 of the Amending Scheme of 1947) shall, in relation to a long service soldier discharged on or after the 1st day of June, 1974, have effect as if--

( a ) the pension payable to him under sub-article (1) of that Article (as amended by Article 7 of the No. 3 Amending Scheme of 1973), in lieu of being payable at the rate specified in the Table to the said Article 7, were payable at the rate specified in Table I to this Article opposite the mention of his retiring rank,

( b ) the additional increase payable under sub-article (2) of that Article (as amended by Article 7 of the No. 3 Amending Scheme of 1973), in lieu of being payable at the rate specified in the Table to the said Article 7 were payable at the rate specified in Table II to this Article,

( c ) a married pension payable to him under sub-article (3) of that Article (as amended by the said Article 7), in lieu of being payable at the rate of three pounds thirty-six new pence per week, were payable at the rate of three pounds seventy-three new pence per week.

(2) In this Article and in the Tables hereto "retiring rank" has the meaning assigned to it in Article 25 of the Principal Scheme.

(3) This Article shall be deemed to have come into operation on the 1st day of June, 1974.

TABLE I

TABLE II

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 1973) 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 June, 1971.

TABLE

GIVEN under my Official Seal, this 17th day of July, 1974.

PÁDRAIG S. Ó DONNAGÁIN,

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 17th

day of July, 1974.

RICHIE RYAN.

EXPLANATORY NOTE.

This statutory instrument provides for increases in the amount of retirement benefits payable to certain officers of the Permanent Defence Force retiring on or after 2nd June, 1974 and in the pensions or gratuities payable to soldiers discharged or transferred to the Reserve Defence Force on or after 1st June, 1974.