S.I. No. 409/1985:

DEFENCE FORCES (PENSIONS) (AMENDMENT) (No. 7) SCHEME, 1985.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (No. 7) SCHEME, 1985.

ARRANGEMENT OF ARTICLES.

Article.

1. Short title, collective citation and construction.

2. Commencement.

3. Application of the Interpretation Act, 1937.

4. Definitions.

5. Amendment of Article 10 of the No. 2 Amending Scheme of 1980.

6. Amendment of Article 13 of the Principle Scheme.

7. Amendment of Article 6 of the No. 3 Amending Scheme of 1970.

8. Revocation of Article 13 of the No. 3 Amending Scheme of 1975.

S.I. No. 409 of 1985.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (No. 7) SCHEME, 1985.

I, PATRICK COONEY, 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) 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. This Scheme may be cited as the Defences Forces (Pensions) (Amendment) (No. 7) Scheme, 1985.

(2) The collective citation the Defence Forces (Pensions) Schemes, 1937 to 1985, shall include this Scheme.

(3) The Defence Forces (Pensions) Schemes, 1937 to 1985, 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);

5. (1) Article 10 of the Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1980 ( S.I. No. 366 of 1980 ) is hereby amended by the deletion of the words "other than a special service officer (within the meansing of Article 13 of the Principal Scheme)" in paragraph (a) of sub-article (1) of that Article and the said paragraph as so amended is set out in the Table to this Article.

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

TABLE.

( a ) where an officer

(i) has been granted, prior to the 1st day of 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.

6. (1) The Principal Scheme shall be construed and have effect as if the following Article were substituted for Article 13, as amended:

"13 (1) The foregoing Articles of this Part of this Scheme shall apply to an in respect of an officer who is immediately preceding his retirement a special service officer in like manner as they apply to and in respect of other officers, subject however, in any case in which retired pay could be granted to such officer, to the following modifications--

(a) the yearly amount of such pay shall, subject to the provisions of paragraph (b) of this sub-article, be increased by--

(i) in case such officer is serving in the Army Medical Corps as a Medical Officer or a Dental Officer, 20 per cent,

(ii) in case such officer is serving in the Legal Branch of the Office of the Adjutant-General or as a Legal Officer or as Registrar to a Special Criminal Court and was appointed before the operative date (as defined in article 3 of the Defence Forces (Pensions) (Amendment) Scheme, 1947 (S.R. & O., No. 81 of 1947)), 20 per cent,

(iii) in any other cases, 10 per cent; provided that where such officer retires or is retired on or after the 1st day of January, 1986, having been appointed to his retiring rank after that date, such pay as so increased shall not exceed fifty per cent, of his annual pay at the date of his retirement;

(b) if such officer so elects, the yearly amount of his retired pay shall, instead of being computed under whichever of the said foregoing Articles, as modified by paragraph (a) of this sub-article, would have been applicable, be a yearly amount equal to the amount arrived at by multiplying one-eightieth of his annual pay at the date of his retirement by a number equal to the number of years' pensionable service of such officer, subject to a maximum of forty such years.

(2) For the purpose of sub-article (1) of this Article, pay at the date of retirement of an officer--

( a ) whose pensionable service is 20 years or more means--

(i) in case he had at the said date, either one year's pensionable service in the rank held by him at the said date or less than one year's pensionable service in such rank but was reduced to such rank within one year from the said date, the following provisions shall have effect, that is to say:--

(I) his pay at the said date shall be taken to be his actual pay at the said date,

(II) if he was at the said date and had been for five years immediately proceding it in receipt of additional pay, his pay at the said date shall be taken to include such additional pay;

(ii) in any other case, the following provisions shall have effect, that is to say:--

(I) his notional retiring rank for the purposes of this subparagraph shall be taken to be the rank held by him on the day one year before the date of his retirement,

(II) his pay at the said date shall be taken to be the pay appropriate to his notional retiring rank,

(III) if the pay appropriate to his notional retiring rank varies with the number of years' service in that rank, he shall be deemed to have held that rank during the period he held his notional retiring rank and any higher rank,

(IV) if he was at the said date and had for five years immediately preceding it been in receipt of additional pay, his pay at the said date shall be taken to include the additional pay appropriate to his notional retiring rank;

( b ) whose pensionable service is less than 20 years means--

(i) in case he had at the said date, either five years' pensionable service in the rank held by him at the said date or less than five years' pensionable service in such rank but was reduced to such rank within five years from the said date, the following provisions shall have effect, that is to say:--

(I) his pay at the said date shall be taken to be his actual pay at the said date,

(II) if he was at the said date and had been for five years immediately proceding it in receipt of additional pay, his pay at the said date shall be taken to include such additional pay;

(ii) in any other case, the following provisions shall have effect, that is to say:--

(I) his notional retiring rank for the purposes of this sub-paragraph shall be taken to be the rank held by him on the day five years before the date of his retirement,

(II) his pay at the said date shall be taken to be the pay appropriate to his notional retiring rank,

(III) if the pay appropriate to his notional retiring rank varies with the number of years' service in that rank, he shall be deemed to have held that rank during the period he held his notional retiring rank and any higher rank,

(IV) if he was at the said date and had for five years immediately preceding it been in receipt of additional pay, his pay at the said date shall be taken to include the additional pay appropriate to his notional retiring rank.

(3) Each of the following shall be a special service officer for the purpose of this Article, that is to say:--

( a ) an officer who is serving in an appointment for his particular qualifications and who is in receipt of a special rate of pay in excess of the regimental rate of pay for an officer of his rank and who is--

(i) a Medical Officer, or

(ii) a Dental Officer, or

(iii) a Legal Officer or an officer serving in the Legal Branch of the Office of the Adjutant General or as a Registrar to a Special Criminal Court (being, in each case, a barrister-at-law or a solicitor), or

(iv) an Engineer Officer (including an Aeronautical Engineer) a Signal Officer or an Ordnance Officer being--

(I) in each case, an officer who is required, as a condition of his appointment to be an officer, to hold a University Degree in Engineering or a University Degree in Architecture or to be a member of the Royal Institute of Architects of Ireland or to be a corporate member of the Institution of Civil Engineers of Ireland or of the Institution of Electrical Engineers (having been elected to corporate membership of either institution as a result of passing the examination prescribed and conducted by such Institution), or

(II) in the case of a Signal Officer or an Ordnance Officer, to hold a University Degree in Science, or

(v) a Veterinary Officer, or

(vi) a Pharmaceutical Chemist, or

(vii) an Executive Branch Officer in the Naval Service, or

(viii) an Engineer Officer in the Naval Service, or

(ix) a Psychologist, or

(x) a Military analyst, or

(xi) an Accountant, Army Canteen Board;

( b ) an officer of the Army School of Music who is serving in the appointment of Director or Assistant Director or who is employed as a Band Conductor and who is at the date of his retirement, and was for not less than five years immediately preceding that date, in receipt of additional pay;

( c ) an officer of the Air Corps or of the Air Squadron, Signal Corps who is at the date of his retirement and was, for not less than five years immediately preceding that date, in receipt of flying pay."

(2) The provisions of Article 13 of the Principal Scheme, as substituted by this Article, shall apply to retired pay granted to a special service officer before the coming into operation of this Article.

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

7. (1) Article 6 of the Defence Force (Pensions) (Amendment) (No. 3) Scheme, 1970 ( S.I. No. 298 of 1970 ) (as amended by Article 10 of the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1972 ( S.I. No. 306 of 1972 )) is hereby further amended by the insertion in sub-article (1) after paragraph (b) of the following paragraph:

"(c) where a special service officer, whose pensionable service is twenty-one years or more, retires or is retired having served in the Forces beyond the retiring age prescribed by Defence Forces Regulations A15 for a line officer of similar rank and description, he may, subject to the provisions of the Defence Forces (Pensions) Schemes, 1937 to 1985, be paid an additional gratuity of such amount, as, when added to the gratuity payable to him under that Schedule, will not exceed one and one-half times the annual rate of his pay at the date of retirement."

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

8. (1) Article 13 of the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1975 ( S.I. No. 172 of 1975 ), is hereby revoked.

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

GIVEN under my Official Seal, this 6th day of December, 1985.

PATRICK COONEY.

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 6th day of December, 1985.

JOHN BOLAND.

EXPLANATORY NOTE.

This statutory instrument amends certain provisions of the Defence Forces (Pensions) Schemes, 1937 to 1985, relating to special service officers.