S.I. No. 199/1981:

GARDA SÍOCHÁNA PENSIONS ORDER, 1981.

GARDA SÍOCHÁNA PENSIONS ORDER, 1981.

I, GERARD COLLINS, Minister for Justice, in exercise of the powers conferred on me by section 13 of the Police Forces Amalgamation Act, 1925 (No. 7 of 1925) (as adapted by the Public Service (Transfer of Departmental Administration and Ministerial Functions) Order, 1973 ( S.I. No. 294 of 1973 )), with the sanction of the Minister for the Public Service and after due compliance with subsection (2) of the said section 13, hereby order as follows:

1. (1) This Order may be cited as the Garda Síochána Pensions Order, 1981.

(2) The collective citation "the Garda Síochána Pensions Orders, 1925 to 1981", shall include this Order.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3. (1) In this Order--

"adoption order" means an adoption order made under the Adoption Acts, 1952 to 1976;

"annual pay" has the meaning assigned to it by Article 4 of the Garda Síochána Pensions Order, 1930, as amended by Article 35 of the Order of 1950 and Article 5 of the Garda Síochána Pensions Order, 1965 ( S.I. No. 149 of 1965 );

"approved service" means service which for the purposes of the Garda Síochána (Pensions) Act, 1933 (No. 32 of 1933), may be reckoned as service in the Force or service in the Force which would be reckoned under the Order of 1925, as amended by the provisions set out in paragraph (5) of this Article, as approved service in the Force if paragraph (9) of Article 9 of the said Order, inserted by Article 25 of the Order of 1950 and amended by Article 4 of the Order of 1976, were deleted;

"benefit under the Social Welfare Acts" means a widow's (contributory) pension or an orphan's (contributory) allowance under the Widows' and Orphans' Pensions Acts, 1935 to 1979, or a widow's pension or an orphan's pension under the Social Welfare (Occupational Injuries) Act, 1966 (No. 16 of 1966), or an old age (contributory) pension or a retirement pension under the Old Age Pensions Acts, 1908 to 1979;

"child", subject to paragraph (2) of this Article, means a legitimate or lawfully adopted person who is--

( a ) a person under sixteen years of age, or

( b ) a person under the age of twenty-one years and is receiving full-time instruction at any university, college, school or other educational establishment, or

( c ) a person under the age of twenty-one years and is undergoing full-time instruction or training by any person (in this Order referred to as "the employer") for any vocation, profession or trade, being instruction or training approved of by the Minister for the purposes of this Order, or

( d ) a person under the age of twenty-one years who is permanently incapacitated by reason of mental or physical infirmity from maintaining himself and who became so incapacitated whilst a person described in any of the foregoing paragraphs of this definition;

"children's contributory pension" has the meaning assigned to it by Article 5;

"children's ordinary allowance" means an allowance or gratuity, other than a children's special allowance, under Article 10 of the No. 2 Order of 1938, as amended by Article 39 of the Order of 1950 and Article 5 of the Garda Síochána Pensions Order, 1955 ( S.I. No. 115 of 1955 );

"children's special allowance" means a children's allowance calculated under subparagraph 1 of paragraph C of Part II of the First Schedule to the Order of 1925, as amended by Article 31 of the Order of 1950, or a gratuity in lieu thereof under Article 10 of the No. 2 Order of 1938, as amended by Article 39 of the Order of 1950;

"death gratuity" has the meaning assigned to it by Article 11 of the Order of 1951;

"the deceased" has the meaning assigned to it by Article 5 of this Order;

"the deceased's pension" means--

( a ) where he is awarded an ordinary pension, the rate of such pension that is payable at the date of his death,

( b ) where he is awarded a special pension or a short service gratuity, the rate of the ordinary pension that would have been payable to him at the date of his death if "5 years" had at that date stood substituted for "10 years" in Article 4 (1) (d) of the Order of 1925 and that Article, as so amended, had been applied to him on retirement,

( c ) where a death gratuity is payable, the rate of the ordinary pension calculated by reference to--

(i) his annual pay at the date of death, and

(ii) the approved service which he would have had if he had served to retiring age,

that would have been payable to him at the date of his death if he had then retired on a medical certificate;

"employer" has the meaning assigned to it by this Article;

"the Force" means the Garda Síochána;

"medical certificate" means, in relation to the retirement of any member, a medical certificate having regard to which the Minister, with the agreement of the Minister for the Public Service, is satisfied that the member to whom the certificate relates is incapable from infirmity of mind or body of discharging the duties of his situation in the Force and that that infirmity is likely to be permanent;

"member" means a member of the Force and includes a person who has been such a member;

"the Minister" means the Minister for Justice;

"new scheme" means the provisions of this Order other than Articles 14, 15, 16 and 20;

"the No. 2 Order of 1938" means the Garda Síochána Pensions (No. 2) Order, 1938 (S.R. and O., No. 234 of 1938);

"the Order of 1925" means the Garda Síochána Pensions Order, 1925 (S.R. and O., No. 63 of 1925);

"the Order of 1950" means the Garda Síochána Pensions Order, 1950 ( S.I. No. 154 of 1950 );

"the Order of 1951" means the Garda Síochána Pensions Order, 1951 ( S.I. No. 410 of 1951 );

"the Order of 1976" means the Garda Síochána Pensions Order, 1976 ( S.I. No. 120 of 1976 );

"ordinary pension" means a pension payable under Article 4 of the Order of 1925 or Article 5 of the Garda Síochána Pensions Order, 1938 (S.R. and O., No. 82 of 1938), other than a pension referred to in the said Article 4 as a "special pension";

"periodic contributions" has the meaning assigned to it by Article 9 (2);

"reckonable service" means, in relation to a member, the aggregate of his completed years of approved service and, except in a case in which the provisions of paragraph (9) of Article 9 of the Order of 1925 (inserted by Article 25 of the Order of 1950 and amended by Article 4 of the Order of 1976) fall to be applied, where a member has more than twenty completed years of approved service, then, in ascertaining such aggregate in relation to him, an additional year shall be included for each completed year of his approved service after the twentieth;

"relevant period" means, in relation to a member, the period, or the aggregate of periods, of approved service given by the member at any time subsequent to the 22nd day of July, 1968;

"retirement gratuity" has the meaning assigned to it by Article 8 of the Order of 1951;

"retiring age" means the age at which a member would be required to retire under the Garda Síochána (Retirement) Regulations, 1934 (S.R. and O., No. 146 of 1934), as amended;

"short service gratuity" has the meaning assigned to it by Article 10 of the Order of 1951;

"the Social Welfare Acts" means the Social Welfare Acts, 1975 to 1979;

"special pension" means a special pension payable to a member under Article 4 of the Order of 1925;

"widow's contributory pension" has the meaning assigned to it by Article 5 of this Order;

"widow's ordinary pension" means a pension or gratuity, other than a widow's special pension, payable under Article 7 or 8 of the No. 2 Order of 1938, as amended by Article 37 and 38, respectively, of the Order of 1950, or a gratuity in lieu of such pension under Article 9 of the No. 2 Order of 1938;

"widow's special pension" means a widow's special pension payable under Article 7 (b) or 8 (b) of the No. 2 Order of 1938, as amended by Article 37 and 38, respectively, of the Order of 1950, or a gratuity in lieu thereof under Article 9 of the No. 2 Order of 1938.

(2) ( a ) Where, in relation to a person referred to in paragraph (b) or (c) of the definition of "child" in paragraph (1) of this Article, a break occurs in his full-time instruction or training, then, unless the Minister otherwise directs, he shall, for the duration of such break, be regarded as having ceased to be a child for the purposes of this Order.

( b ) The following shall not be regarded as a child within the meaning of this Order, namely:

(i) a person who was not wholly or mainly dependent on a member immediately prior to the member's death,

(ii) a person who is married or is cohabiting with another as man and wife, or

(iii) a person referred to in paragraph (c) of the definition of "child" in paragraph (1) of this Article to whom, or in respect of whom, emoluments in respect of his instruction or training are payable by, or on behalf of, the employer which are of such an amount as makes the person self-supporting,

provided that if there are compassionate grounds for so doing, the Minister, with the agreement of the Minister for the Public Service, may as regards a person who apart from this subparagraph would be such a child direct that notwithstanding this subparagraph the person shall, with effect from such date as is specified in the direction, be regarded as being such a child, and in case the Minister gives a direction under this subparagraph, then for so long as the direction is in force this Order shall, as regards the person to whom the direction relates, be construed and have effect in accordance with the direction.

(3) ( a ) Any reference in this Order to an adopted child of a member shall be construed as a reference to a child adopted by him (whether alone or jointly with any other person) either in pursuance of an adoption order or in accordance with the law of a country or territory other than the State and recognised by the law of the State as valid, and references to lawfully adopted or to a person by whom another person has been adopted shall be construed accordingly.

( b ) Where a married member applies, before the termination of his approved service, for an adoption order in respect of a child and dies before the adoption procedure is completed and the child is subsequently adopted by the member's widow, the child shall, from the date on which the member has custody of him, be deemed, for the purposes of this Order, to be the member's duly adopted child.

(4) Any reference in this Order to an enactment is a reference to that enactment as amended or extended by any other enactment.

(5) The provisions referred to in the definition of "approved service" contained in paragraph (1) of this Article are the following, namely, Article 7 of the Garda Síochána Pensions Order, 1938 (S.R. and O., No. 82 of 1938), Articles 13 and 14 of the No. 2 Order of 1938, Articles 25 and 26 of the Order of 1950, Article 18 of the Order of 1951, Article 8 of the Garda Síochána Pensions Order, 1955 ( S.I. No. 115 of 1955 ) (inserted by Article 3 of the Garda Síochána Pensions Order, 1969 ( S.I. No. 136 of 1969 )), and Article 4 of the Order of 1976.

4. The new scheme applies to any male person who--

( a ) is appointed to membership of the Force on or after the 1st day of January, 1972, or

( b ) serves as a member during the whole or any part of the period beginning on the 23rd day of July, 1968, and ending on the 31st day of December, 1971, and who does not opt during that period not to have the provisions of the new scheme applied to or in respect of him.

5. Subject to the provisions of this Order and in particular to compliance with the requirements of Articles 9 (1) and 11 (1) (where applicable), where a member to whom the new scheme applies dies (in this Order referred to as "the deceased") having given at least five years' approved service and being a member to or in respect of whom--

( a ) an ordinary pension, a short service gratuity or a death gratuity is awarded, or

( b ) a special pension is granted but his death is not due to the injury in respect of which such pension is granted,

the Minister shall grant, in respect of the deceased's service--

( c ) where he leaves a widow, a pension to that widow (in this Order referred to as a "widow's contributory pension"), and

( d ) where he was married for any part of the relevant period (whether or not the marriage continues until his death and whether or not a widow's contributory pension is, or can be, granted), a pension for the children of the marriage (in this Order referred to as a "children's contributory pension"), and, in the circumstances specified in this Order, for other children of his,

provided that any marriage of the deceased which takes place after the termination of his approved service shall not be taken into account for the purposes of the new scheme, and accordingly any references to a marriage, a wife, the widow or the children of the deceased shall be construed in accordance with the foregoing.

6. (1) A widow's contributory pension--

( a ) shall not be granted if the widow is at the time of the death of the deceased cohabiting with a man other than the deceased as man and wife, and

( b ) shall cease if the widow remarries or at any time after the death of the deceased cohabits with any man as man and wife.

(2) Notwithstanding paragraph (1) of this Article, where--

( a ) a widow's contributory pension is not granted or ceases because of the provisions of the said paragraph (1), and

( b ) on an application being made to him by the widow concerned, the Minister is subsequently satisfied that the marriage or cohabitation, by reason of which the pension is not granted or ceases, has come to an end, or that there are compassionate grounds for the payment of a pension, he may, with the agreement of the Minister for the Public Service, grant or regrant, as may be appropriate, the pension as from--

(i) in case the marriage or cohabitation has come to an end, the date on which the marriage or cohabitation has ended,

(ii) in any other case, a date not earlier than the date on which the application is received by the Minister.

(3) Subject to paragraph (1) of this Article, a widow's contributory pension may be paid for the whole of the period beginning either on the death of the deceased or immediately after the end of the period in respect of which the deceased's pension is paid, whichever is the later, and ending on the death of the widow.

(4) The rate of a widow's contributory pension shall be one-half of the deceased's pension.

7. (1) A children's contributory pension may not be granted for a child--

( a ) if the deceased is unmarried for the whole of the relevant period, or

( b ) if the child is conceived after the end of the relevant period, or

( c ) if the child is adopted by the deceased after--

(i) the date of termination of the deceased's last marriage, or

(ii) the end of the relevant period,

whichever is the earlier.

(2) A children's contributory pension may not be granted for a child who is--

( a ) the step-child of the deceased, or

( b ) the step-child, adopted child or child of a wife of the deceased and who is not the child or adopted child of the deceased.

(3) A child shall not be eligible for a children's contributory pension in respect of more than one member. Where there would, apart from this paragraph, be an eligibility for children's pension in respect of two or more members, the child will count as eligible in respect of one of them in the way which, in the opinion of the Minister, gives the most favourable overall result for the child or children in question.

8. (1) A children's contributory pension will be paid to the member's widow if the eligible children are in her care, and in case any child in respect of whom the pension is payable is not in such care, the pension will be paid either to the child or to such person as the Minister may, with the agreement of the Minister for the Public Service, determine. If the children are in the care of more than one person different parts of the pension will be paid to those persons in such proportions as the Minister may determine. In all cases, the pension is to be applied for the benefit of the children for whom it is granted.

(2) A children's contributory pension shall only be paid in respect of the period beginning on the day immediately following the date of the death of the deceased, or, in case the deceased was at the time of his death in receipt of either an ordinary pension or a special pension, beginning on the day immediately following the expiration of the period in respect of which such a pension was last paid and ending on the day on which the person in respect of whom such contributory pension is paid ceases to be a child.

(3) The rate of a children's contributory pension shall be--

( a ) subject to paragraphs (4) and (5) of this Article, where the deceased leaves a widow--

(i) where there are not more than six children, one-twelfth of the deceased's pension for the first child, plus one-twelfth for each additional child up to a fifth additional child,

(ii) where there are more than six children a rate in respect of each child, determined by the formula

where X is six-twelfths of the deceased's pension and Y is the number of children.

( b ) where the deceased leaves no widow--

(i) where there is only one child two-twelfths of the deceased's pension,

(ii) where there are at least two and not more than five children a rate in respect of each child determined by the formula

where A is two-twelfths of the deceased's pension, B is one-twelfth of the deceased's pension, C is the number of eligible children in excess of one and D is the number of eligible children.

(4) Where the deceased leaves a widow and the widow dies, as from the end of the period in respect of which the widow's contributory pension is paid the rate of a children's contributory pension shall be calculated by reference to the rates specified in paragraph (3) (b) of this Article.

(5) ( a ) Where the children of the deceased are, at the time of, or at any time after, his death, in the care of some person other than his widow, the Minister may, with the agreement of the Minister for the Public Service, direct that for so long as they are in such care the rate of a children's contributory pension shall be calculated by reference to the rates specified in paragraph (3) (b) of this Article notwithstanding the fact that the widow is still alive, and in case the Minister so directs this Article shall be construed and shall have effect in accordance with the direction.

( b ) Where some but not all of the children of the deceased are, at the time of, or at any time after, his death, in the care of a person other than his widow, the rate of that portion of the children's contributory pension which is payable in respect of the children who are in the care of that person may be calculated by reference to the rates specified in paragraph (3) (b) of this Article, provided that the rate of the pension payable shall not exceed one-half of the rate of the deceased's pension.

(6) Notwithstanding the foregoing provisions of this Article, where the deceased leaves a widow and a widow's contributory pension is not granted to her, or is granted to her but ceases to be paid before her death, a children's contributory pension shall not be payable as respects any period comprised within the time in respect of which no widow's contributory pension is payable, unless the Minister in his absolute discretion directs that a children's contributory pension shall be payable, and in case the Minister gives a direction under this paragraph he may, with the agreement of the Minister for the Public Service, further direct that paragraph (5) of this Article shall apply as respects any such period.

9. (1) Contributions shall be payable by a member to whom the new scheme applies as follows:

( a ) the rate of the contribution shall be one and one half per cent. of the amount of the pay from time to time payable to him (or where he is in receipt of reduced pay because of absence from duty, of the amount of the pay that would be payable to him if he were not so absent),

( b ) the contributions shall be paid in respect of his pay for the whole of his approved service subsequent to the 31st day of December, 1971, and shall be paid at such times and in such manner as the Minister may determine.

(2) Contributions payable under this Article are referred to in this Order, apart from Article 11 (4), as "periodic contributions".

10. (1) Where a member to whom the new scheme applies--

( a ) is unmarried for the whole of the relevant period, or

( b ) is a married man at the end of his approved service and then has less than five years' approved service, or

( c ) is a married man at the end of his approved service and his approved service ends otherwise than by death and he is not then eligible for an ordinary pension or a special pension or a short service gratuity,

then, if his approved service cannot be transferred to another organisation or service for superannuation purposes, the whole of his periodic contributions may be returned to him or to his personal representative.

(2) In any case which is not a case mentioned in paragraph (1) of this Article a member may, on ceasing to give approved service, have returned to him, or, if his service ends by death, to his personal representative, such, if any, of his periodic contributions, beginning with his initial contribution and working forward, or, in case the member is a widower when his approved service ends, his final contribution and working back, as is necessary to secure that the period in respect of which such contributions are paid by him without being returned--

( a ) does not exceed forty years, and

( b ) is an exact number of years, and

( c ) if he is a widower when his approved service ends, does not exceed a period equal to the nearest whole number of years determined by the formula

where--

(i) in the case of a member who retires and is eligible for an ordinary pension or a special pension or a short service gratuity--

A is the number of completed years of approved service (subject to a maximum of forty completed such years) at the date of his wife's death,

B is the number of completed years of reckonable service (subject to such a maximum) at the date of retirement, and

C is the number of completed years of approved service (subject to such a maximum) at the date of retirement; and

(ii) in any other case,

A is the number of completed years of approved service (subject to a maximum of forty completed such years) at the date of his wife's death,

B is the number of completed years of reckonable service (subject to such a maximum) which he would have had if he had served to retiring age, and

C is the number of completed years of approved service (subject to such a maximum) which he would have had if he had served to retiring age.

(3) Where any contributions are returned under this Article, they shall be returned without interest.

(4) Where periodic contributions are returned in accordance with this Article to a person who subsequently becomes a member to whom the new scheme applies, he shall pay to the Minister a sum equal to the amount of the periodic contributions, together with compound interest on the said amount at such rate as stands determined for the purposes of this paragraph for the time being by the Minister with the agreement of the Minister for the Public Service.

11. (1) Where, as regards a member to whom the new scheme applies, other than a member referred to in Article 10 (1) hereof, the period in respect of which periodic contributions are paid is less than forty years, a contribution shall be paid by way of reduction in the amount of the member's retirement gratuity, death gratuity or short service gratuity or in such other manner as the Minister, with the agreement of the Minister for the Public Service, may require.

(2) A contribution under this Article shall be equal to one per cent. of the member's annual pay multiplied by the appropriate number.

(3) Any reduction effected under this Article in the amount of any retirement gratuity shall be left out of account for the purposes of Article 12 of the Order of 1951 (which provides for a supplemental death gratuity in case persons die shortly after becoming eligible for a pension) and, accordingly, the question whether any and, if so, what gratuity may be granted under that Article shall be determined as if no such reduction as aforesaid had been or had to be made.

(4) Where--

( a ) a member by or in respect of whom a contribution is payable under this Article gives approved service other than as a member, and

( b ) in relation to that service he paid periodic contributions under a scheme deemed by the Minister to correspond or be analogous to the scheme comprised in this Order, and

( c ) the contributions have not been returned to him,

that service may be disregarded when determining the appropriate number.

(5) In this Article "appropriate number" means--

( a ) in relation to a member who is a married man at the end of his approved service,

(i) if his approved service ends otherwise than by death, the number of completed years of his reckonable service (subject to a maximum of forty completed such years),

(ii) if his approved service ends by death, the number of completed years of reckonable service (subject to such a maximum) which he would have had if he had served in the Force to retiring age,

( b ) in relation to a member who is married for any part of the relevant period but is a widower when his approved service ends, the nearest whole number determined by the formula

where--

(i) in case the member retires and is eligible for an ordinary pension or a special pension or a short service gratuity,

A is the number of completed years of approved service (subject to a maximum of forty completed such years) at the date of his wife's death,

B is the number of completed years of reckonable service (subject to such a maximum) at the date of retirement, and

C is the number of completed years of approved service (subject to such a maximum) at the date of retirement and

(ii) in any other case,

A is the number of completed years of approved service (subject to a maximum of forty completed such years) at the date of his wife's death,

B is the number of completed years of reckonable service (subject to such a maximum) which he would have had if he had served to retiring age, and

C is the number of completed years of approved service (subject to such a maximum) which he would have had if he had served to retiring age,

reduced in each case by the number of completed years, if any, for which periodic contributions have been paid by him and are not returnable.

12. Where a member to whom the new scheme applies marries and--

( a ) he dies within the period of one year beginning on the date of the marriage, and

( b ) there are no children born of the marriage, and

( c ) the Minister is of the opinion that at the date of the marriage the death could have been foreseen by the member or by his wife,

for the purpose of this Order the marriage may, with the agreement of the Minister for the Public Service, be regarded by the Minister as not having taken place, and in case a marriage is so regarded under this Article all appropriate adjustments (including, if need be, the repayment to the Minister of sums paid, and the return by the Minister of contributions made, under this Order) shall be made.

13. (1) Where the widow of a member in respect of whom the new scheme applies qualifies for a widow's special pension or where a child of such a member qualifies for a children's special allowance no pension shall be payable under that scheme to or in respect of the widow or child, as may be appropriate.

(2) Where, by virtue of paragraph (1) of this Article, no pension is payable under the new scheme to a widow or to or in respect of a child, the deceased's periodic contributions shall be returned without interest to the deceased's personal representative and the contribution otherwise due under Article 11 of this Order shall not be payable or, if it has been paid, shall be so returned.

14. (1) Where a member who is serving in the Force on or after the 23rd day of July, 1968, becomes eligible to be insured under the Social Welfare Acts, whether during service in the Force or afterwards, entitlement to a widow's ordinary pension and a children's ordinary allowance shall cease in respect of his service.

(2) Paragraph (1) of this Article shall not be construed as affecting any widow's ordinary pension or any children's ordinary allowance which was granted before the making of this Order.

15. (1) This Article applies to--

( a ) a widow or child to whom Article 13 (1) of this Order applies if, and only if, the member concerned has completed at least five years' approved service,

( b ) a widow to whom Article 14 (1) of this Order applies and who, but for the provisions of the said Article 14 (1), would be entitled to a widow's ordinary pension,

( c ) a child to whom Article 14 (1) of this Order applies and who, but for the provisions of the said Article 14 (1), would be entitled to a children's ordinary allowance.

(2) A pension or allowance granted under this Article shall be subject to the terms and conditions contained in the Garda Síochána Pensions Orders, 1925 to 1976, in the same manner as if it were a widow's ordinary pension or a children's ordinary allowance, as may be appropriate, but subject to the proviso that the rate thereof shall be determined in accordance with the following provisions of this Article.

(3) Where a widow or child to whom this Article applies fails, through no fault or omission on the part of the member concerned, to qualify for benefit under the Social Welfare Acts in respect of such member's insurance, the Minister may grant a pension or allowance equivalent to the maximum rate of benefit payable under those Acts.

(4) Where a widow or child to whom this Article applies qualifies for benefit under the Social Welfare Acts in respect of the insurance of the member concerned but the benefit is, through no fault or omission on the part of such member, less than the maximum rate of benefit payable under those Acts, the Minister may grant a pension or allowance equivalent to the difference between the benefit for which such widow or child so qualifies and such maximum rate.

(5) Where a widow or child to whom this Article applies qualifies both for benefit under the Social Welfare Acts in respect of such widow's insurance and for the maximum rate of benefit payable under those Acts in respect of the insurance of the member concerned (though both benefits be not payable), the Minister may grant a pension or allowance equivalent to the benefit for which such widow or child qualifies in respect of such widow's insurance.

(6) In this Article "insurance" means insurance under the Social Welfare Acts.

16. Where a person--

( a ) who is a widow to whom Article 14 (1) of this Order applies, and

( b ) who is not a widow to whom Article 15 of this Order applies, and

( c ) who is a person who, but for the provisions of said Article 14 (1), would be entitled to a gratuity under Article 7 (d) of the No. 2 Order of 1938,

fails, through no fault or omission on the part of the member concerned, to qualify for benefit under the Social Welfare Acts in respect of such member's insurance, the Minister may grant to the person a gratuity calculated in accordance with paragraph B of Part II of the First Schedule to the Order of 1925.

17. (1) The rate of any widow's ordinary pension or children's ordinary allowance which may be payable as regards a member in respect of whom the new scheme applies shall not exceed the lowest rate that would be payable had all the relevant member's service been in the rank of Garda.

(2) Articles 7, 8 and 10 of the No. 2 Order of 1938, as amended by Article 37, 38 and 39, respectively, of the Order of 1950, shall be construed and have effect subject to paragraph (1) of this Article.

18. (1) A member to whom the new scheme applies shall give to the Minister such information as is necessary for the proper operation of the new scheme in relation to the member.

(2) The widow of a member in respect of whom the new scheme applies shall give to the Minister such information as is necessary for the proper operation of the new scheme in relation to her.

(3) The personal representative of a deceased member in respect of whom the new scheme applies shall give to the Minister such information as is necessary for the proper operation of the new scheme in relation to the widow or any children of that member.

(4) The widow, or any other person having the care of a child of a deceased member in respect of whom the new scheme applies, shall give to the Minister such information as is necessary for the proper operation of the new scheme in relation to that child.

(5) Payment of pension under this Order shall be subject to the making by the widow or, where a children's contributory pension is not payable to the widow, the person to whom it is payable, of a declaration in such form and at such times as the Minister may determine.

19. If at any time a person receives payments on foot of the new scheme and such person is not entitled to such payments, or if a person receives payments on foot of the new scheme which exceed those which are appropriate, such person or, in case such a person is dead, the personal representative of such person, shall pay to the Minister on demand such payments or excess payments, as may be appropriate, and such payments or excess payments shall in default of payment be recoverable by the Minister as a simple contract debt in any court of competent jurisdiction.

20. Paragraph (1), (2), (3) and (4) of Article 12 and Article 13 of the Order of 1925 shall apply to the pensions payable under this Order as they apply to pensions under that Order.

21. A member, in respect of whom pensions are payable under the provisions of Article 5 of this Order, and who, apart from this Article, is not pensionable in accordance with the Order of 1951 shall be so pensionable and, accordingly, the reference in Article 5 (1), of that Order to a "person pensionable in accordance with this Order" shall be construed as including a reference to such a member.

22. Every doubt, question or dispute arising from this Order shall be referred to the Minister who shall refer it to the Minister for the Public Service for decision by him, and any decision under this Article by that Minister shall be final and conclusive.

23. This Order shall be deemed to have come into operation on the 23rd day of July, 1968.

GIVEN under my Official Seal, this 28th day of May, 1981.

GERARD COLLINS.

The Minister for the Public Service hereby sanctions the provisions of this Order.

GIVEN under my Official Seal, this 28th day of May, 1981.

GENE FITZGERALD.

EXPLANATORY NOTE.

This Order provides pensions for widows and children of certain members of the Garda Síochána serving on or after the 23rd July, 1968.