S.I. No. 366/1980:

DEFENCE FORCES (PENSIONS) (AMENDMENT) (NO. 2) SCHEME, 1980.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (NO. 2) SCHEME, 1980.

Arrangement of Articles.

Article

1. Short title, collective citation and construction.

2. Commencement.

3. Application of Interpretation Act, 1937.

4. Definitions.

5. Amendment of Article 5 of the Amending Scheme of 1980.

6. Amendment of Article 6 of the Amending Scheme of 1980.

7. Amendment of Article 4 of the No. 2 Amending Scheme of 1979.

8. Amendment of First Schedule to the Principal Scheme.

9. Pensionable service of certain officers.

10. Retired pay of certain officers.

S.I. No. 366 of 1980.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (NO. 2) SCHEME, 1980.

I, SYLVESTER BARRETT, 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, 1980.

(2) The collective citation, the Defence Forces (Pensions) Schemes, 1937 to 1980, shall include this Scheme.

(3) The Defence Forces (Pensions) Schemes, 1937 to 1980, 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. 4 Amending Scheme of 1979" means the Defence Forces (Pensions) (Amendment) (No. 4) Scheme, 1979 ( S.I. No. 398 of 1979 );

"the Amending Scheme of 1980" means the Defence Forces (Pensions) (Amendment) Scheme, 1980 ( S.I. No. 266 of 1980 ).

5. The Amending Scheme of 1980 is hereby amended by the substitution for Article 5 of the following Article--

"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 27th day of June, 1979, such pay (as increased by Article 5 of the No. 4 Amending Scheme of 1979) 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 27th day of June, 1979.

TABLE

6. The Amending Scheme of 1980 is hereby further amended by the substitution for Article 6 of the following Article--

"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 27th day of June, 1979, such gratuity (as increased by Article 6 of the No. 4 Amending Scheme of 1979) 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 27th day of June, 1979.

TABLE

7. (1) Article 4 of the No. 2 Amending Scheme of 1979 ( S.I. No. 245 of 1979 ) is hereby amended by--

( a ) the insertion in sub-article (4) of "Director of Naval Service" after Assistant Chief of Staff and "or Officer Commanding Air Corps" after Officer Commanding a Command, and

( b ) the deletion of "or" before Officer Commanding a Command and the said sub-article as so amended is set out in the Table to this Article.

TABLE.

Where an officer, other than an officer to whom sub-article (3) refers:--

( a ) retires or is retired on or after the 21st day of February, 1979, while holding the appointment of Assistant Chief of Staff, Director of Naval Service, Officer Commanding a Command or Officer Commanding Air Corps in the rank of Brigadier-General, and

( b ) has held the appointment for not less than one year,

the yearly rate of his retired pay shall be the rate appropriate to the rank of Colonel, increased by ten per cent.

8. Rule 3 (j) of the First Schedule to the Principal Scheme (as inserted by Article 17 of the Amending Scheme of 1964 ( S.I. No. 247 of 1964 )) is hereby amended by the insertion of "or short-service pay" after gratuity in each place where it occurs, and the said Rule as so amended is set out in the Table to this Article.

TABLE.

( j ) in the case of an officer who is entitled to a gratuity or short-service pay under Defence Force Regulations S.3, any period of service in respect of which such a gratuity or short-service pay has been paid.

9. (1) Where an officer--

( a ) who was granted a temporary appointment as an officer in the Naval Service for a limited period was subsequently granted an appointment as an officer of the Permanent Defence Force without limitation as to time, and

( b ) was paid a gratuity or gratuities under Defence Force Regulations S.3,

temporary service may be reckoned for purposes of pensionable service, subject to the repayment of any gratuities paid under Defence Force Regulations S.3, together with compound interest, at such rates as may be determined by the Minister with the consent of the Minister for the Public Service.

(2) The repayment of the gratuities specified in sub-article (1) of this Article shall be subject to such conditions as the Minister, with the consent of the Minister for the Public Service, may, from time to time, prescribe.

10. (1) Notwithstanding anything contained in the Second Schedule to the Principal Scheme (as amended by Article 13 of the Amending Scheme of 1978 ( S.I. No. 246 of 1978 ))--

( a ) where an officer, other than a special service officer (within the meaning of Article 13 of the Principal Scheme)

(i) has been granted, prior to the 1st January, 1981, the maximum retired pay for his rank, as defined in Rule 1 of the said Schedule, or

(ii) retires or is retired on or after the 1st day of January, 1981 and qualifies for the maximum retired pay for his rank as defined in the said Rule 1,

such retired pay may be increased by such amount as when added to the said retired pay will not exceed fifty per cent of the maximum regimental pay appropriate to his retiring rank.

( b ) where an officer, other than a special service officer (within the meaning of Article 13 of the Principal Scheme) retires or is retired on or after the 1st day of January, 1986, he may be granted--

(i) the retired pay applicable to his retiring rank, or

(ii) retired pay equal to fifty per cent of the maximum regimental pay for his retiring rank at the date of his retirement

whichever is the lesser.

(2) Sub-article (1) (b) of this Article shall not apply to an officer who was promoted to his retiring rank prior to the 1st day of January, 1986.

(3) Sub-article (1) (a) of this Article shall come into operation on the 1st day of January, 1981.

GIVEN under my Official Seal, this 3rd day of December, 1980.

S. BARRETT.

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 3rd Day of December, 1980.

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 27th June, 1979. It also amends in other respects the Defence Forces (Pensions) Schemes, 1937 to 1980.