S.I. No. 344/1991:

DEFENCE FORCES (PENSIONS) (AMENDMENT) (No. 5) SCHEME, 1991.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (No. 5) SCHEME, 1991.

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 24 of the Principal Scheme.

6. Amendment of Article 25 of the Principal Scheme.

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

8. Amendment of Article 27 of the Principal Scheme.

9. Amendment of Article 27A of the Principal Scheme.

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

11. Amendment of Article 28B of the Principal Scheme.

12. Gratuities to certain soldiers.

13. Amendment of Article 32A of the Principal Scheme.

14. Amendment of Article 42 of the Amending Scheme of 1947.

15. Amendment of Article 20 of the Defence Forces (Pensions) (Amendment) Scheme, 1949.

16. Amendment of Article 6 of the Defence Forces (Pensions) (Amendment) Scheme, 1969.

17. Amendment of Article 10 of the No. 3 Amending Scheme of 1970.

18. Amendment of Article 5 of the No. 3 Amending Scheme of 1972.

19. Amendment of article 6 of the No. 3 Amending Scheme of 1972.

20. Retired pay of a certain officer.

21. Retired pay and gratuity of a certain officer.

22. Revocation of certain provisions.

S.I. No. 344 of 1991.

DEFENCE FORCES (PENSIONS) (AMENDMENT)

(No. 5) SCHEME, 1991.

I, VINCENT BRADY, 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), hereby, with the consent of the Minister for Finance, make the following scheme:

1. (1) This Scheme may be cited as the Defence Forces (Pensions) (Amendment) (No. 5) Scheme, 1991.

(2) The collective citation, "the Defence Forces (Pensions) Schemes, 1937 to 1991," shall include this Scheme.

(3) The Defence Forces (Pensions) Schemes, 1937 to 1991, 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. (1) 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 1970" means the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1970 ( S.I. No. 298 of 1970 );

"the No. 3 Amending Scheme of 1972" means the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1972 ( S.I. No. 306 of 1972 );

"the No. 2 Amending Scheme of 1977" means the Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1977 ( S.I. No. 283 of 1977 );

"the No. 3 Amending Scheme of 1984" means the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1984 ( S.I. No. 113 of 1984 );

"the No. 4 Amending Scheme of 1985" means the Defence Forces (Pensions) (Amendment) (No. 4) Scheme, 1985 ( S.I. No. 300 of 1985 ).

5. (1) Article 24 (1) of the Principal Scheme is hereby amended by the substitution for paragraphs (c) and (d) (inserted by Article 7 of the Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1987 ( S.I. No. 186 of 1987 ) and Article 5 of the Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1988 ( S.I. No. 376 of 1988 ), respectively) of the following paragraph:

"(c) in addition to the period set out in paragraph (a) or (b) preceding, as the case may be, the period during which such soldier served full-time on security duties, as a man of the Reserve of Men (An Forsa Cosanta Áitiúil), pursuant to paragraph 40A of Defence Force Regulations R.5.".

(2) The extension of Article 24 of the Principal Scheme effected by sub-article (1) of this Article shall apply only in the case of a soldier who was serving in the Permanent Defence Force on the 1st day of January, 1990.

(3) this article shall be deemed to have come into operation on the 1st day of January, 1990.

6. (1) Article 25 of the Principal Scheme is hereby amended by--

( a ) the deletion of the definitions of "long-service soldier" and "short-service soldier"; and

( b ) the deletion of "long-service" in the definition of "retiring rank".

(2) This Article shall be deemed to have come into operation on the 1st day of October, 1987.

7. (1) Article 26A of the Principal Scheme (inserted by Article 22 of the Amending Scheme of 1947, as substituted by Article 7 of the Defence Forces (Pensions) (Amendment) Scheme, 1987 ( S.I. No. 149 of 1987 )) is hereby amended by the deletion of "long-service" in sub-article (1).

(2) This article shall be deemed to have come into operation on the 1st day of October, 1987.

8. (1) Article 27 of the Principal Scheme is hereby amended by the deletion of sub-article (2) and "long-service" wherever it occurs in sub-articles (3) and (4) (inserted by Article 7 of the No. 3 Amending Scheme of 1984).

(2) This Article shall be deemed to have come into operation on the 1st day of October, 1987.

9. (1) Article 27A of the Principal Scheme (inserted by Article 24 of the Amending Scheme of 1947, as amended by Article 15 of the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1975 ( S.I. No. 172 of 1975 )) is hereby amended by--

( a ) the substitution for "fifteen years" of "twelve years" in sub-article (1);

( b ) the deletion of "long-service" wherever it occurs in sub-articles (1) and (2); and

( c ) the insertion in sub-article (2) after paragraph (b) of the following paragraph:

"(c) every soldier who was enlisted under the provisions of Defence Force Regulations 4 of 1988 and who is discharged on account of age.".

(2) Paragraphs (a) and (b) of sub-article (1) of this Article shall be deemed to have come into operation on the 1st day of October, 1987.

(3) Paragraph (c) of sub-article (1) of this Article shall be deemed to have come into operation on the 1st day of December, 1990.

10. (1) Article 28A of the Principal Scheme (inserted by Article 26 of the Amending Scheme of 1947) is hereby amended by--

( a ) the substitution for sub-article (1) (a) of the following sub-article:

"(1) (a) Where a soldier whose qualifying service is 3 years or more and less than 21 years is discharged or transferred to the Reserve of Men (First Line), there may, subject to the provisions of this Article, be granted to such soldier a gratuity calculated at the appropriate rate for each year of his qualifying service.";

( b ) the deletion of the definition of "retiring rank" in sub-article (1) (b); and

( c ) in sub-article (2)--

(i) the insertion before paragraph (b) of the following paragraph:

"(a) he is granted a pension under Article 27A of this Scheme, or", and

(ii) the deletion of "being a short-service soldier" in paragraph (c).

(2) This Article shall be deemed to have come into operation on the 1st day of October, 1987.

11. (1) Article 28B of the Principal Scheme (inserted by Article 5 of the Defence Forces (Pensions) (Amendment) (No. 4) Scheme, 1984 ( S.I. No. 114 of 1984 )) is hereby amended by the deletion of "long-service" wherever it occurs in sub-articles (1) and (2).

(2) This Article shall be deemed to have come into operation on the 1st day of October, 1987.

12. (1) The Principal Scheme is hereby amended by the insertion after Article 28D (inserted by Article 6 of the Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1988 ( S.I. No. 376 of 1988 )) of the following Article:

"Gratuities to certain soldiers.

28E. (1) Where a soldier whose qualifying service is 12 years or more and less than 21 years is granted a pension under Article 27A of this Scheme, there may, subject to the provisions of this Scheme, be granted to such soldier such proportion of the gratuity which would have been granted under sub-article (2) of this Article to such soldier if the period of his qualifying service had in fact been 21 years as the actual number of years of his qualifying service bears to the number 21.

(2) Where a soldier whose qualifying service is 21 years is granted a pension under Article 26A of this Scheme, there may be granted to such soldier a gratuity of an amount equal to 25 weeks' pay at the rate appropriate to his retiring rank.

(3) Where a soldier whose qualifying service is 22 years or more is granted a pension under Article 26A of this Scheme, there may be granted to such soldier a gratuity of an amount equal to the aggregate of--

( a ) 25 weeks' pay at the rate appropriate to his retiring rank, and

( b ) 2 weeks' pay at that rate for each year of his qualifying service in excess of 21 years but not in excess of 31 years.

(4) In this Article, "pay" means--

( a ) in the case of a soldier who is, at the date of his discharge and had been for 5 years or more immediately preceding that date, in receipt of any of the following additions to pay,

(i) Technician Pay, or

(ii) Flying Pay, or

(iii) Additional pay payable to a non-commissioned officer holding the rank of Battalion Quartermaster-Sergeant who is filling a vacancy in Establishments as Assistant Stores Controller, or

(iv) Fire Protection Pay, or

(v) Naval Pay, or

(vi) Grooms Allowance (Equitation School), or

(vii) Band Instructors Allowance (Army School of Music), or

(viii) Irish Language Teaching Allowance (Military College),

the pay appropriate to his retiring rank at the date of his discharge together with any such addition to pay, and

( b ) in any other case, the pay appropriate to his retiring rank at the date of his discharge.

(5) For the purpose of this Article, a soldier shall be deemed to have been in receipt of any of the additions to pay mentioned in sub-article (4) (a) of this Article immediately preceding his discharge notwithstanding that such addition to pay was not issued to him during any period of leave granted to him immediately prior to such discharge, if he was in receipt of such addition to pay immediately before such period of leave.".

(2) This Article shall be deemed to have come into operation on the 1st day of January, 1989.

13. (1) Article 32A of the Principal Scheme (inserted by Amendment of Article 12 of the Defence Forces (Pensions) (Amendment) Scheme, 1978 ( S.I. No. 246 of 1978 )) is hereby amended by the substitution for sub-article (4) (inserted by Article 7 of the No. 4 Amending Scheme of 1985) of the following sub-article:

"(4) For the purposes of this Article each of the following and no other persons shall be deemed to be a relative of a deceased member, her--

( a ) widower,

( b ) son,

( c ) daughter,

( d ) mother,

( e ) father,

( f ) brother,

( g ) sister,

( h ) foster mother,

( i ) foster father,

( j ) legal personal representative.".

(2) This Article shall be deemed to have come into operationn on the 1st day of February, 1984.

14. (1) Article 42 of the Amending Scheme of 1947 is hereby amended by the substitution for sub-article (7) (inserted by Article 5 of the No. 4 Amending Scheme of 1985) of the following sub-article:

"(7) For the purposes of this Article each of the following and no other persons shall be deemed to be a relative of a deceased soldier, his--

( a ) widow,

( b ) widower,

( c ) son,

( d ) daughter,

( e ) mother,

( f ) father,

( g ) brother,

( h ) sister,

( i ) foster mother,

( j ) foster father,

( k ) legal personal representative.".

(2) This Article shall be deemed to have come into operation on the 1st day of February, 1984.

15. (1) Article 20 of the Defence Forces (Pensions) (Amendment) Scheme, 1949 ( S.I. No. 209 of 1949 ), is hereby amended by the substitution for sub-article (7) (inserted by Article 6 of the No. 4 Amending Scheme of 1985) of the following sub-article:

"(7) For the purposes of this Article each of the following and no other persons shall be deemed to be a relative of a deceased officer, his--

( a ) widow,

( b ) widower,

( c ) son,

( d ) daughter,

( e ) mother,

( f ) father,

( g ) brother,

( h ) sister,

( i ) foster mother,

( j ) foster father,

( k ) legal personal representative.".

(2) This article shall be deemed to have come into operation on the 1st day of February,1984.

16. (1) Article 6 (2) of the Defence Forces (Pensions) (Amendment) Scheme, 1969 ( S.I. No. 34 of 1969 ) is hereby amended by the deletion of "short-service".

(2) This Article shall be deemed to have come into operation on the 1st day of October, 1987.

17. (1) Article 10 of the No. 3 Amending Scheme of 1970 is hereby amended by the deletion of "long-service" in sub-articles (1) and (1A) (inserted by Article 8 of the No. 3 Amending Scheme of 1984).

(2) Sub-article (1) of this Article shall be deemed to have come into operation on the 1st day of October, 1987.

18. (1) Article 5 of the No. 3 Amending Scheme of 1972 (as amended by Article 23 of the No. 2 Amending Scheme of 1977) is hereby amended by the insertion after sub-article (2) of the following sub-article:

"(2A) Notwithstanding sub-articles (1) and (2) of this Article, the amount of the gratuity under the said sub-article (1) may, in exceptional circumstances in any particular case and with the previous approval of the Minister for Finance, be computed by reference to a rate of pay higher than the pay of the officer at the date of his death.".

(2) This Article shall be deemed to have come into operation on the 1st day of July, 1988.

19. (1) Article 6 of the No. 3 Amending Scheme of 1972 (as amended by Article 24 of the No. 2 Amending Scheme of 1977 and Article 9 of the No. 3 Amending Scheme of 1984) is hereby amended by the insertion after sub-article (2) of the following sub-article:

"(2A) Notwithstanding sub-articles (1) and (2) of this Article, the amount of the gratuity under the said sub-article (1) may, in exceptional circumstances in any particular case and with the previous approval of the Minister for Finance, be computed by reference to a rate of pay higher than the pay of the soldier at the date of his death.".

(2) This Article shall be deemed to have come into operation on the 1st day of July, 1988.

20. (1) This Article applies to an officer who--

( a ) was promoted to the rank of Major-General with effect from the 24th day of May, 1989, and

( b ) was appointed to be Adjutant-General with effect from the 16th day of October, 1989.

(2) The yearly rate of retired pay of an officer to whom this Article applies shall be 50 per cent of the annual rate of pay appropriate to the rank of Major-General at the date of his retirement.

21. (1) This Article applies to an officer who--

( a ) was promoted to the rank of Brigadier-General with effect from the 19th day of June, 1989, and

( b ) was granted special leave without pay and allowances to take up the appointment of Chief Military Observer of the United Nations Military Observer Group in India and Pakistan.

(2) The yearly rate of retired pay of an officer to whom this Article applies shall be 50 per cent of the annual rate of pay appropriate to the rank of Brigadier-General at the date of his retirement, provided that he does not either at that date or subsequently qualify for any superannuation benefits from the United Nations Organisation other than a refund of his own superannuation contributions to that Organisation.

(3) For the purposes of the calculation of the gratuity payable on his retirement to an officer to whom this Article applies, his pay at the date of his retirement shall, subject to the proviso in sub-article (2) of this article, be calculated by reference to the annual rate of pay appropriate to the rank of Brigadier-General at that date.

22. (1) Article 10 of the No. 3 Amending Scheme of 1970 (as amended by Article 8 of the No. 3 Amending Scheme of 1984 and Article 16 of this Scheme) and Articles 11 and 12 of the Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1975 ( S.I. No. 171 of 1975 ), are hereby revoked.

(2) This Article shall be deemed to have come into operation on the 1st day of January, 1989.

GIVEN under my Official Seal, this 18th day of December, 1991.

VINCENT BRADY.

The Minister for Finance hereby consents to the making of the foregoing Scheme.

GIVEN under the Official Seal of the Minister for Finance, this

18th day of December, 1991.

BERTIE AHERN.

EXPLANATORY NOTE.

This Statutory Instrument provides for (a) the abolition of the concept of long-service and short-service soldiers, (b) a reduction from 15 to 12 years in the service requirement to qualify for a modified pension on discharge on medical grounds, (c) improvements in the gratuities payable to soldiers with 21 or more years' service, (d) changes in the provisions governing the payment of death gratuities, and (e) other miscellaneous matters.