I, OSCAR TRAYNOR, Minister for Defence, with the consent of the Minister for Finance, testified by his signature hereto, do hereby, in exercise of the powers conferred on me by the Defence Forces (Pensions) Acts, 1932 and 1938, and of every and any other power me in this behalf enabling, make the following Scheme, that is to say :—

Short title and commencement.

1. (1) This Scheme may be cited as the Defence Forces (Pensions) (Amendment) Scheme, 1947.

(2) This Scheme shall come into operation immediately upon its being confirmed by resolution of each House of the Oireachtas.

Application of the Interpretation Act, 1937 .

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

Interpretation.

3. (1) In this Scheme—

the expression " the Principal Scheme " means the Defence Forces (Pensions) Scheme, 1937 ( S. R. & O. No. 249 of 1937 ), as amended by the Amending Scheme of 1940 ;

the expression " the Amending Scheme of 1940 " means the Defence Forces (Pensions) (Amendment) Scheme, 1940 ( S. R. & O. No. 299 of 1940 ) ;

the expression " the operative date " means the date on which this scheme comes into operation.

(2) This Scheme shall be construed as one with the Principal Scheme.

(3) References in this Scheme to the Principal Scheme shall be construed as references to the Principal Scheme as amended by this Scheme.

Amendment of Article 3 of the Principal Scheme.

4. The Principal Scheme shall be construed and have effect as if the following were added to Article 3 thereof—

" the expression ` the Reserve ' means the Reserve Force established under Part III of the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923), as amended by any subsequent enactment."

Retired pay of officer serving as member of the Council of Defence who is compulsorily retired.

5. The Principal Scheme shall be construed and have effect as if the following Article were inserted therein in lieu of Article 6 thereof—

" 6. There may, subject to the provisions of this Scheme, be granted to an officer, who is compulsorily retired while serving as a member of the Council of Defence, retired pay at the rate per annum specified in the second column of the Table to this Article opposite the mention, in the first column of the said Table, of the rank held by him on such retirement.

TABLE TO ARTICLE 6.

Rank held on retirement	Rate per annum
(1)	(2)
	£
Colonel	400
Major General	500
Lieutenant-General or higher rank	600

Retired pay of officer retired for any cause (other than age, misconduct, inefficiency or incapacity) whose service is 12 years or more.

6. The Principal Scheme shall be construed and have effect as if the following Article were inserted therein in lieu of Article 7 thereof—

" 7. Where an officer whose pensionable service is twelve years or more is retired for any cause (other than age, misconduct, inefficiency, or mental or physical incapacity) there may, subject to the provisions of this Scheme, be granted to such officer retired pay of an amount computed—

(a) in case his pensionable service is less than twenty years, according to the rules contained in the Third Schedule hereto, or

(b) in case his pensionable service is twenty years or more, according to the rules contained in the Second Schedule hereto."

Retired pay of certain other officers retiring with 12 or more years' service.

7. The Principal Scheme shall be construed and have effect as if there were inserted after Article 9 the following new Article—

" 9A. (1) Where an officer to whom this Article applies, whose pensionable service is twelve years or more, retires or is retired for any cause (other than misconduct), there may, subject to the provisions of this Scheme, be granted to such officer retired pay of an amount computed in accordance with the rules contained in the Third Schedule hereto.

(2) This Article applies to any officer who was appointed to commissioned rank in the Forces on the 8th day of December, 1933, the 19th day of December, 1933, or the 17th day of February, 1934."

Retired pay of certain officers retiring with 12 and less than 20 years service.

8. (1) The Principal Scheme shall be construed and have effect as if the following Article were inserted therein in lieu of Article 10 thereof—

" 10. (1) Where an officer whose pensionable service is twelve years or more and less than twenty years retires, with the consent of the Minister, there may, subject to the provisions of this Scheme, be granted to such officer retired pay of an amount computed in accordance with the rules contained in the Fourth Schedule hereto."

(2) Sub-article (1) of this Article shall be deemed to have come into operation on, and shall have effect as on and from, the 30th day of June, 1945.

Married officers' gratuities.

9. (1) The Principal Scheme shall be construed and have effect as if the following Article were inserted therein in lieu of Article 11 (as amended by Article 4 of the Amending Scheme of 1940) thereof—

" 11. (1) Where a grant of retired pay is made under this Part of this Scheme to an Officer to whom this Article applies there may, subject to the provisions of this Scheme, be paid also to such officer a gratuity of an amount computed according to the rules contained in the Fifth Schedule hereto.

(2) This Article applies to an officer—

(a) who is either—

(i) an officer whose wife is alive, or

(ii) an officer who is a widower and the father of a child being, if a boy, under the age of eighteen years or, if a girl, under the age of twenty-one years and unmarried, and

(b) who, if he served as an officer during the whole of the two years ending on the date of his retirement, was—

(i) during the whole of the said two years either in occupation of married quarters or in receipt of lodging, fuel and light allowance at the married rate, or

(ii) in occupation of married quarters during part of the said two years and in receipt of lodging, fuel and light allowance at the married rate during the remainder of the said two years, and

(c) who, if he served as a soldier during part (in this paragraph referred to as his period of service as a soldier) of the said two years and served as an officer during the remainder (in this paragraph referred to as his period of service as an officer) of the said two years—

(i) was, during the whole of his period of service as a soldier, in receipt of marriage allowance, and

(ii) was,—

(I) during the whole of his period of service as an officer, either in occupation of married quarters or in receipt of lodging, fuel and light allowance at the married rate, or

(II) in occupation of married quarters during part of his period of service as an officer and in receipt of lodging, fuel and light allowance at the married rate during the remainder of his period of service as an officer.

(3) This Article also applies to an officer—

(a) who was married and whose wife died, and who, for not less than two years immediately before her death, had been in occupation of married quarters or in receipt of lodging, fuel and light allowance at the married rate, and

(b) who re-married, and

(c) who has been, for not less than one year immediately before his retirement, in occupation of married quarters or in receipt of lodging, fuel and light allowance at the married rate."

(2) This Article shall be deemed to have come into operation on, and shall have effect as on and from, the 30th day of September, 1946.

Gratuities to widows and children of certain deceased officers.

10. (1) The Principal Scheme shall be construed and have effect as if there were inserted, after Article 11, the following new Article :—

" 11A. (1) Where—

(a) an officer dies while serving in the Forces, and

(b) the circumstances are such that a gratuity could have been granted to him under Article 11 of this Scheme if he had been retired on the date of his death, and

the Minister may pay to the widow, a child or the children of such officer a gratuity of an amount equal to the amount of the gratuity which could have been granted to such officer under Article 11 of this Scheme if he had been retired on the date of his death.

(2) Where—

(a) an officer (being an officer to whom a gratuity could have been granted under Article 11 of this Scheme on his retirement from the Forces) dies after his retirement and before the grant of the said gratuity, and

(b) such officer leaves a widow or child,

the Minister may pay to the widow, a child or the children of such officer a gratuity of an amount equal to the amount of the gratuity which could have been so granted."

(2) The reference, in paragraph (b) of sub-article (6) of Article 9 of the Amending Scheme of 1940, to a gratuity under the Principal Scheme shall be construed as not including a reference to a gratuity under Article 11A (being the Article inserted by sub-article (1) of this Article) of the Principal Scheme.

(3) Sub-articles (1) and (2) of this Article shall be deemed to have come into operation on, and shall have effect as on and from, the 27th day of October, 1937.

Restrictions on grant of gratuities under Article 12 of the Principal Scheme.

11. No gratuity shall be payable under Article 12 of the Principal Scheme to an officer to whom Article 19 of the Principal Scheme applies.

Gratuities to certain officers holding temporary commissions who were previously officers of the Marine Service.

12. The Principal Scheme shall be construed and have effect as if there were inserted after Article 12A the following new Article—

" 12B. (1) Where—

(a) an officer of the Forces, who served in the Marine Service, has retired and is on such retirement appointed to temporary commissioned rank in the Forces, or

(b) an Officer of the Reserve of Officers, who served in the Marine Service, has resigned his commission and is on such resignation appointed to temporary commissioned rank in the Forces,

there may, subject to the provisions of this Scheme, be granted to such officer, on his ceasing to hold such temporary commissioned rank, a gratuity, in respect of service rendered by him while holding such temporary commissioned rank, of an amount calculated as follows—

(i) in respect of the period (if any) of such service during which he held the rank of sub-lieutenant and was not a married man, at the rate of £40 per annum, and

(ii) in respect of the period (if any) of such service during which he held the rank of sub-lieutenant and was a married man, at the rate of £45 per annum,

(iii) in respect of the period (if any) of such service during which he held the rank of Lieutenant and was not a married man, at the rate of £45 per annum, and

(iv) in respect of the period (if any) of such service during which he held the rank of lieutenant and was a married man, at the rate of £50 per annum.

(2) For the purposes of this Article a person shall be treated as having been a married man during a particular period if, but only if, during the whole of that period, either—

(a) his wife was alive, or

(b) being a widower, he was the father of a child who was, in the case of a boy, under the age of eighteen years or, in the case of a girl, under the age of twenty-one years and unmarried.

(3) Where a gratuity is granted to an officer under this Article in respect of any period of service, no other award shall be made under this Scheme to such officer in respect of the same period of service.

(4) No gratuity shall be payable to an officer in respect of a period of service reckonable for purposes of a gratuity under this Article, if the same period of service is also reckonable for purposes of the grant of a pension, allowance, or gratuity under the Superannuation Acts."

Amendment of Article 13 of the Principal Scheme.

13. (1) Article 13 of the Principal Scheme is hereby amended by the insertion, in lieu of sub-article (1), of the following sub-article—

" (1) The foregoing Articles of this Part of this Scheme shall apply to and 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, 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, 20 per cent.,

(iii) in any other cases, 10 per cent.;

(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, if he had not so elected, have been applicable, be a yearly amount equal to whichever of the following amounts is the less—

(i) two-thirds of his annual pay at the date of his retirement, and

(ii) the amount arrived at by multiplying one-sixtieth of his annual pay at the date of his retirement by a number equal to the number of years' pensionable service of such officer."

(2) Article 13 of the Principal Scheme is hereby also amended by the insertion, in lieu of sub-article (4), of the following sub-article :—

" (4) Each of the following shall be a special service officer for the purposes of this Article, that is to say :—

(a) a person

(i) who—

(I) is serving with any of the following branches of the Forces, namely—

the Army Medical Corps,

the Corps of Engineers,

the Legal Branch of the Office of the Adjutant-General,

the Army School of Music,

the Signal Corps,

the Army Ordnance Corps, or

(II) is serving with any branch of the Forces as a Legal Officer, or

(III) is a Registrar to a Special Criminal Court, or

(IV) is an Aeronautical Engineer, or

(V) is a Veterinary Officer, and

(ii) who—

(I) in case he is serving in the Legal Branch of the Office of the Adjutant-General or is a Legal Officer or a Registrar to a Special Criminal Court, is a barrister-at-law or a Solicitor, or

(II) in any other case, possesses professional or technical qualifications appropriate to the branch of the Forces in which he is serving, and

(iii) who is in receipt of a special rate of pay in excess of the regimental rate of pay for an officer of his rank or is at the date of his retirement and was for not less than five years immediately preceding that date in receipt of additional pay ;

(b) a person who—

(i) is serving with the Air Corps, and

(ii) 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."

(3) Subparagraph (ii) of paragraph (a) of sub-article (1) (inserted by sub-article (1) of this Article) of Article 13 of the Principal Scheme, shall, in respect of any officer to whom the said subparagraph (ii) applies and who is appointed on or after the operative date, have effect as if the figure and words " 10 per cent." were substituted therein for the figure and words " 20 per cent.".

(4) Sub-articles (1) and (4) of Article 13 of the Principal Scheme and Article 7 of the Amending Scheme of 1940 are hereby revoked.

Increase of retired pay of officers who retired on or after the 2nd September, 1946, and who are granted retired pay under Articles 5, 6, 7, 8, 9 or 10 of the Principal Scheme.

14. (1) Where—

(a) an officer retires or is retired on or after the 2nd September, 1946, and

(b) retired pay is granted to him under Articles 5, 6, 7, 8, 9, or 10 of the Principal Scheme,

such pay shall be increased by thirty per cent.

(2) In sub-article (1) of this Article the expression " retired pay ", in relation to any officer who—

(a) retires or is retired on or after the 2nd September, 1946, and

(b) is immediately preceding his retirement a special service officer, within the meaning of Article 13 of the Principal Scheme, and

means the retired pay of that officer as increased under paragraph (a) of sub-article (1) of the said Article 13.

(3) Sub-articles (1) and (2) of this Article shall be deemed to have come into operation on, and shall have effect as on and from, the 2nd day of September, 1946.

Amendment of Article 15 of the Principal Scheme.

15. (1) For the purposes of Article 15 of the Principal Scheme the pay of an officer immediately prior to his retirement shall be construed as including consolidated ration allowance and lodging, fuel and light allowance.

(2) For the purposes of Article 15 of the Principal Scheme, as amended by sub-article (1) of this Article,—

(a) an officer in receipt of rations in kind immediately prior to his retirement shall be deemed to be in receipt of consolidated ration allowance,

(b) an officer (being an officer whose wife is alive, or an officer who is a widower and is the father of a child who, in the case of a boy, is under the age of eighteen years or, in the case of a girl, under the age of twenty-one years and unmarried) in occupation of married quarters shall be deemed to be in receipt of lodging, fuel and light allowance at the married rate, and

(c) an officer (not being an officer to whom paragraph (b) of this sub-article applies) shall be deemed to be in receipt of lodging, fuel and light allowance at a rate equal to one-half of the married rate.

Amendment of Article 19 of the Principal Scheme.

16. (1) Article 19 of the Principal Scheme is hereby amended by the insertion at the end thereof of the following new sub-articles—

" (5) This Article also applies to a person—

(a) who was an officer of the Forces at any time during the period commencing on the 16th day of December, 1932, and ending on the 26th day of October, 1937, and

(b) who, during such period and while he was such officer, was appointed to be a member of the Gárda Síochána, and

(d) who did not receive on his retirement a gratuity in respect of his service in the National Army.

(6) This Article also applies to a person—

(a) who was, on or after the date of the coming into operation of this Scheme, an officer of the National Army, and

(b) who, on or after the said date, was, while such officer or within one month after his retirement, appointed to a pensionable post in the Civil Service or to be a member of the Gárda Síochána, and

(2) Article 8 of the Amending Scheme of 1940 is hereby revoked.

Amendment of Article 20 of the Principal Scheme.

17. The Table to sub-article (1) of Article 20 of the Principal Scheme is hereby amended by the insertion of the words " or Lieutenant-Colonel " after the word " Major ".

Amendment of Article 21 of the Principal Scheme.

18. Article 21 of the Principal Scheme is hereby amended by the substitution of the word " five " for the word " twelve ".

Certain officers deemed to have been in receipt of full pay, etc., during certain periods of absence from duty

19. (1) The Principal Scheme shall be construed and have effect as if there were inserted, after Article 23, the following new Article—

" 23A. (1) Where—

(a) an officer is absent from duty on authorised sick leave, and

(b) as a consequence such officer is, during any period during which he is so absent from duty, placed under stoppage of pay, or suffers the loss of additional pay or, if he is a married officer, the loss of lodging, fuel and light allowance,

then, for the purposes of this Part of this Scheme, such officer shall be deemed to have been in receipt for that period of the amount of pay, additional pay or, if a married officer, lodging, fuel and light allowance of which he was in receipt immediately prior to that period.

(2) Where an officer is placed on the half-pay list by the Minister, with the consent of the Minister for Finance, for the purpose of performing duties in a Department of State or with a local authority or generally in any civilian capacity, then, for the purposes of this Scheme, such officer shall, while he remains on the half-pay list, be deemed to have been in receipt of the amount of pay, additional pay or, if a married officer, lodging, fuel and light allowance of which he was in receipt immediately prior to being placed on the half-pay list."

(2) This amendment shall be deemed to have come into operation on, and shall have effect as on and from, the 31st October, 1939.

Amendment of Article 24 of the Principal Scheme.

20. Sub-article (2) of Article 24 of the Principal Scheme is hereby amended in the following respects—

(a) by the insertion, with effect as on and from the 1st day of October, 1940, of the following new paragraph—

" (g) in the case of a person who enlisted in the Corps known as the Construction Corps, the period from the date of such enlistment to the date of termination of his engagement in such Corps ;", and

(b) by the insertion, with effect as on and from the 23rd day of September, 1940, of the following new paragraph—

" (h) any period of absence on agricultural leave or indefinite leave ;" and

" (i) in the case of a member of the Reserve called out on permanent service, any period during which full-time service was not rendered and during which he was permitted to pursue his normal business or employment."

(d) by the insertion of the following new paragraph—

" (j) service rendered prior to his attaining the age of sixteen years ".

Amendment of Article 26 of the Principal Scheme.

21. Article 26 of the Principal Scheme is hereby amended by the insertion after the words " the appointed day " the words " and before the 2nd day of September, 1946 ".

Pensions of long-service soldiers with 21 years' qualifying service discharged on or after 2nd September, 1946.

22. (1) The Principal Scheme shall be construed and have effect as if the following new Article were inserted after Article 26 :—

" 26A. (1) Subject to the provisions of this Scheme, there may be granted to any long-service soldier, who is discharged from the Forces on or after the 2nd day of September, 1946, and whose qualifying service is 21 years or more, a pension at the rate per week specified in the second column of the Table to this sub-article opposite the mention, in the first column of the said Table, of his retiring rank.

TABLE TO SUB-ARTICLE (1) OF ARTICLE 26A.

Retiring Rank	Rate per week of pension in respect of 21 years' qualifying service
(1)	(2)
	s.	d.
Sergeant-Major	29	9
Battalion Quartermaster Sergeant	26	3
Company Sergeant	24	6
Company Quartermaster Sergeant	22	9
Sergeant	21	0
Corporal	19	3
Private	15	9

(2) Where—

(a) a soldier is permitted to extend his service in the Forces beyond 21 years' service, and

(b) such soldier's qualifying service is 22 years or more, and

the Table to sub-article (1) of this Article shall have effect as if the weekly sum set out in the second column of the said Table opposite the mention, in the first column, of the said Table, of his retiring rank were increased, in respect of each year of his qualifying service in excess of twenty-one years, but not in excess of thirty-one years, by one shilling.

(3) If a soldier to whom a pension is granted under sub-article (1) of this Article is at the date of his discharge a married man for the purposes of this Article, then, he shall, so long as he continues to be a married man for the purposes of this Article, be entitled to receive, in addition to such pension, a married pension at the rate of seven shillings per week.

(4) For the purposes of this Article—

(a) a soldier shall be deemed to have been a married man at the date of his discharge, if marriage allowance was payable to him on such date ;

(b) a soldier who was a married man at the date of his discharge shall continue to be a married man until the happening of whichever of the following events first happens and, save as provided by paragraph (c) of this sub-article, no longer—

(i) his own death,

(ii) the death of his wife,

(iii) the lawful annulment of his marriage,

(iv) the lawful dissolution of his marriage ;

(c) a soldier shall continue to be a married man for so long after the death of his wife or the lawful annulment or lawful dissolution of his marriage as he lives and has a child living the issue of such marriage who is a son under the age of eighteen years or a daughter under the age of twenty-one years and unmarried."

(2) Sub-article (1) of this Article shall be deemed to have come into operation on, and shall have effect as on and from, the 2nd day of September, 1946.

Amendment of Article 27 of the Principal Scheme.

23. Sub-article (1) of Article 27 of the Principal Scheme is hereby amended—

(a) by the insertion after the words " appointed day " of the words " and before the 2nd day of September, 1946," and

(b) by the substitution of the words and figures " Article 26 of this Scheme " for the words " the immediately preceding Article."

Pensions of long-service soldiers with 15 years' qualifying service and less than 21 years' qualifying service discharged on account of disability or age on or after 2nd September, 1946.

24. (1) The Principal Scheme shall be construed and have effect as if the following new Article were inserted after Article 27—

" 27A. (1) Where a long-service soldier to whom this Article applies whose qualifying service is fifteen years or more and less than twenty-one is discharged from the Forces on or after the 2nd day of September, 1946, there may, subject to the provisions of this Scheme, be granted to such soldier, such proportion of the pension (including married pension) which would have been granted under Article 26A. of this Scheme to such soldier, if the period of his qualifying service had in fact been twenty-one years, as the actual number of years of his qualifying service bears to the number 21.

(2) This Article applies to—

(a) every long-service soldier who is discharged on the ground of disability,

(b) every long-service soldier who—

(i) is serving in the Forces on the appointed day, and

(ii) is discharged on account of age."

(2) Sub-article (1) of this Article shall be deemed to have come into operation on, and shall have effect as on and from, the 2nd day of September, 1946.

Restrictions on grant of Gratuities under Article 28 of the Principal Scheme.

25. No gratuity shall be granted under Article 28 of the Principal Scheme to—

(a) any long-service soldier who is discharged from the Forces on or after the operative date, or

(b) any short-service soldier who is discharged from the Forces or transferred to the Reserve on or after the operative date.

Gratuities to certain soldier whose qualifying service is 3 years or more and less than 21 years.

26. (1) The Principal Scheme shall be construed and have effect as if the following new Article were inserted after Article 28—

" 28A. (1) (a) Where—

(i) a long-service soldier whose qualifying service is twelve years or more and less than twenty-one years is discharged from the Forces on or after the operative date on any grounds (other than disability or misconduct) or

(ii) a short-service soldier whose qualifying service is three years or more is, on or after the operative date, discharged from the Forces or transferred to the Reserve,

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) In this sub-article—

the expression ` the appropriate rate ' means, in relation to a soldier whose retiring rank is that set out in column (2) of the Table to this sub-article at any reference number, the rate set out in column (3), (4) or (5) (whichever is appropriate having regard to the number of his years of qualifying service) of the said Table at the said reference number ;

the expression " retiring rank " has, in relation to a short-service soldier, the meaning assigned to that expression by Article 25 of this Scheme in relation to a long-service soldier.

TABLE TO SUB-ARTICLE (1) OF ARTICLE 28A.

Ref. No.	Retiring Rank	Rate for each year of qualifying service where total qualifying service less than 7 years			Rate for each year of qualifying service where total qualifying service not less than 7 years but less than 13 years			Rate for each year of qualifying service where total qualifying service not less than 13 years but less than 21 years
(1)	(2)	(3)			(4)			(5)
		£	s.	d.	£	s.	d.	£	s.	d.
1	Private	1	10	0	3	0	0	4	10	0
2	Any rank being that of corporal or sergeant	2	0	0	4	0	0	6	0	0
3	Any rank being that of Company Quartermaster Sergeant, Company Sergeant, Battalion Quartermaster Sergeant or Sergean' Major	2	10	0	5	0	0	7	10	0

(2) A gratuity shall not be payable under this Article to any soldier if—

(a) being a short-service soldier he is discharged or transferred to the Reserve on compassionate grounds prior to the termination of his army service, or

(b) he is discharged as a result of his conviction by a Court-Martial or a Civil Court, or

(d) he is discharged for misconduct or inefficiency, or

(e) he is discharged or transferred to the Reserve to take up civil employment, or

(f) he is discharged for the purpose of being appointed to commissioned rank, or

(g) he is transferred to the Reserve at his own request prior to the expiration of his period of army service."

(2) The references in Article 28A (being the Article inserted therein by sub-article (1) of this Article) of the Principal Scheme to the operative date shall be construed as references to the date on which this Scheme comes into operation.

Provisions in relation to certain gratuities to soldiers.

27. Where—

(a) a gratuity (in this Article referred to as the said gratuity) under Part III of the Principal Scheme or under any regulation other than Defence Force Regulation 4 of 1945, made under the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923), has been paid to any soldier in respect of any period (in this Article referred to as the said period) of qualifying service in the National Army, and

(b) the said period is deemed by the Defence Forces (Temporary Provisions) Act, 1945 (No. 10 of 1945), to form part of a new period of enlistment in the Forces or is aggregated with another period or periods of service,

the following provisions shall have effect :—

(i) if the said period is so deemed to form part of such soldier's new period of enlistment in the Forces—

(I) he may, within such period as the Minister may determine, elect to count the said period as part of his qualifying service under his new enlistment,

(II) if he so elects, he shall pay to the Minister a sum equal to the said gratuity, and the said sum may be deducted from any pay due to him,

(III) if he does not so elect, then the said period shall not be reckonable as qualifying service for the purpose of any further award of gratuity or any award of pension under the Principal Scheme ;

(ii) if the said period is aggregated with another period or periods of service, then he shall pay to the Minister a sum equal to the said gratuity and the said sum may be deducted from any payments subsequently accruing due in respect of pension or gratuity.

Amendment of Article 31 of the Principal Scheme.

28. Article 31 of the Principal Scheme is hereby amended by the insertion, in lieu of sub-article (2), of the following sub-article—

" (2) This Article applies to—

(a) a member whose qualifying service is twenty years or more and who either resigns or has had her services terminated owing to causes other than misconduct,

(b) a member whose qualifying service is fifteen years or more or less than twenty years and whose services are terminated owing to re-organisation of the Army Nursing Service,

(c) a member whose qualifying service is ten years or more and less than twenty years and who has had her services terminated on account of permanent infirmity of body or mind."

Amendment of Article 32 of the Principal Scheme.

29. Article 32 of the Principal Scheme is hereby amended in the following respects—

(a) by the insertion, in lieu of sub-article (1), of the following sub-article—

" (1) (a) Subject to the provisions of this Scheme, there may be granted to a member to whom this sub-article applies a gratuity of an amount not exceeding a sum equal to one month's pay for each year of her qualifying service.

(b) This sub-article applies to—

(i) a member whose qualifying service is less than ten years and whose services are terminated on account of permanent infirmity of body or mind ;

(ii) a member whose qualifying service is less than twenty years and whose services are terminated for any causes (other than permanent infirmity of body or mind, misconduct or inefficiency)."

(b) by the insertion, in lieu of sub-article (3), of the following sub-article—

" (3) In this Article, the word ' pay ' includes, in the case of a member who was, at the date of her retirement and for not less than five years previous thereto, in receipt of additional pay, her additional pay."

Re-enactment with modifications of Article 33 of the Principal Scheme.

30. The Principal Scheme shall be construed and have effect as if there were substituted for Article 33 the following Article—

" 33. (1) Where—

(a) a pension or gratuity is payable to a member of the Army Nursing Service under this Part of this Scheme, and

(b) the services of such member were terminated on account of infirmity due to injury, and

the amount of such compensation may be taken into account in assessing the amount of such pension or gratuity.

(2) Where—

(a) a pension has been granted to a member of the Army Nursing Service under this Part of this Scheme, and

(b) the services of such member were terminated on account of infirmity due to injury, and

such pension may be revoked or reduced as on and from the date on which such compensation is paid."

Re-enactment with modifications of Article 34 of the Principal Scheme.

31. The Principal Scheme shall be construed and have effect as if there were substituted for Article 34 the following Article—

" 34. A pension under this part of this Scheme shall be payable as from the date on which the termination of the services of the member to whom it is payable becomes effective."

Amendment of Article 38 of the Principal Scheme.

32. Article 38 of the Principal Scheme is hereby amended in the following respects, that is to say—

(a) by the insertion, at the end of the definition (contained in sub-article (1)), of the expression " service pension " of the following new paragraph—

" (c) in relation to a member of the Army Nursing Service, a pension under Part IV of this Scheme ";

(b) by the insertion in sub-article (2) after the word " soldier " of the words " or a member of the Army Nursing Service ".

Deductions from pensions and gratuities.

33. (1) The Principal Scheme shall be construed and have effect as if the following new Article were inserted after Article 39—

" 39A. (1) (a) There may be deducted, from any pension or gratuity, any moneys or the amount of any public claim due or owing to a State authority by the person to whom such pension or gratuity is payable.

(b) For the purposes of this sub-article—

(i) each of the following shall be a public claim—

(I) the sum required to make good any loss, deficiency or irregular expenditure of public money,

(II) any deficiency, loss, damage or destruction of public stores, buildings or other public property of which, after due investigation, no explanation satisfactory to the Minister is given by the person or persons responsible ;

(ii) each of the following shall be a State authority—

(I) A Minister of State,

(II) the Commissioners of Public Works in Ireland,

(III) the Irish Land Commission.

(2) Where a deduction from a pension or gratuity may be made under Sub-article (1) of this Article, payment of the pension or gratuity may be withheld until the amount of the deduction is ascertained."

(2) Sub-article (2) of Article 39 of the Principal Scheme is hereby revoked.

Amendments of First Schedule to the Principal Scheme.

34. (1) The First Schedule to the Principal Scheme is hereby amended as follows—

(a) by the insertion, in lieu of sub-rule (2) of Rule 1, of the following sub-rule—

" (2) In the case of a person who before being commissioned held non-commissioned rank in the National Army, his qualifying service in non-commissioned rank shall be deemed to be service in commissioned rank in the National Army ".

(b) by the insertion in Rule 1 of the following two new sub-rules—

" (4) Where an officer of the Reserve of Officers is appointed to commissioned rank in the Forces, full time service rendered by him during the period, which commenced on the 3rd day of September, 1939, and ended on the 31st day of October, 1946, as an officer of the Reserve of Officers shall be deemed to be service in the Forces in commissioned rank.

(5) Where—

(a) an officer of the Reserve of Officers is appointed to commissioned rank in the Forces, and

(b) such officer served, as an officer, non-commissioned officer or volunteer, in the Reserve—The Volunteer Force before the 3rd day of September, 1939, and

(c) for the purposes of the age limits for such appointment such officer has been allowed to deduct from his actual age a period equal to portion of the time during which he so served in the Reserve—The Volunteer Force,

then, the period so deducted shall be deemed to be pensionable service in the Forces ".;

" (h) any period during which an officer was released from permanent service.".

(2) The amendment effected by paragraph (a) of sub-article (1) of this Article shall be deemed to have come into operation on, and shall have effect as on and from the 30th day of September, 1946.

Amendment of Second Schedule to the Principal Scheme.

35. (1) The Second Schedule to the Principal Scheme is hereby amended—

(a) by the insertion therein of the following new rule—

" 6. For the purposes of this Schedule, the number of years' pensionable service of an officer retired for any cause (other than age, misconduct, inefficiency, or mental or physical incapacity) whose actual pensionable service is twenty years or more, shall be a number equal to the number of his actual years of pensionable service and five, provided always that the number of years so computed shall not exceed the number of years which an officer would have been entitled to reckon for pension purposes had he served in the Forces until he had reached the age limit for retirement appropriate to his rank ".

(b) by the substitution, in lieu of the Table thereto, of the following—

TABLE TO SECOND SCHEDULE.

Retiring Rank	Service Element			Rank Element			Maximum Retired Pay
Basic (Service) Element	Incremental (Service) Element	Maximum (Service) Element	Basic (Rank) Element	Incremental (Rank) Element	Maximum (Rank) Element
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)
	£	£	£	£	£	£	£
Lieutenant	180	10	210	Nil	Nil	Nil	210
Captain	180	10	220	2	2	10	230
Commandant	180	10	240	16	8	80	290
Major or Lieutenant-Colonel	180	10	260	90	10	110	340
Colonel	180	10	300	120	10	140	400
Major-General	180	10	300	150	25	250	500
Lieutenant-General or higher rank	180	10	300	200	40	320	600

(2) Sub-article (1) of this Article shall be deemed to have come into operation on, and shall have effect as on and from the 30th day of September, 1946.

Re-enactment with modifications of the Third Schedule to the Principal Scheme.

36. The Principal Scheme shall be construed and have effect as if, for the Third Schedule, there were substituted the following—

" THIRD SCHEDULE.

Rules for computing retired pay of—

(a) Officers retired for any cause (other than age, misconduct, inefficiency or mental or physical incapacity) whose pensionable service is 12 years or more and less than 20 (Article 7) ;

(b) Officers retired on the grounds of permanent infirmity of body or mind whose pensionable service is 10 years or more and less than 20 (Article 8) ;

(c) existing officers retired on the grounds of age whose pensionable service is 5 years or more and less than 20 (Article 9) ;

(d) Officers retired or retiring for any cause (other than misconduct) who were appointed to commissioned rank on 8th December, 1933, 19th December, 1933, or 17tb February, 1934, and whose pensionable service is 12 years or more (Article 9A).

1. In this Schedule—

the expression " retiring rank ", when used in relation to an officer, means—

(a) in case he had at the date of his retirement either (i) five years' pensionable service in the rank held by him at such date or (ii) less than five years' service in such rank but was reduced to such rank from a higher rank within five years from such date, the rank held by him at such date, and

(b) in any other case, the rank held by him on the day five years before the date of his retirement or the rank of Second Lieutenant, whichever is the higher ;

the expression " the appropriate sum ", when used in relation to an officer, means the sum specified in the second column of the Table to this Schedule opposite the mention, in the first column, of the said Table of his retiring rank ;

the expression " the appropriate number " means—

(a) in relation to an officer (other than an officer appointed to commissioned rank on the 8th day of December, 1933, the 19th day of December, 1933, or the 17th day of February, 1934) retired for any cause (other than age, misconduct, inefficiency or mental or physical incapacity) whose pensionable service is twelve years or more, a number equal to the number of his actual years of pensionable service and five, and

(b) in relation to an officer retired for any cause (other than misconduct) whose pensionable service is twelve years or more who was appointed to commissioned rank on the 8th day of December, 1933, the 19th day of December, 1933, or the 17th day of February, 1934, a number equal to the number of his actual years of pensionable service and ten, and

(c) in relation to an officer retired on the ground of permanent infirmity of body or mind whose pensionable service is ten years or more and less than twenty or an existing officer retired on the ground of age whose pensionable service is five years or more, a number equal to the number of years of his pensionable service.

2. The yearly amount of the retired pay of an officer in whose case this Schedule is applicable shall be a sum equal to whichever is the less of the following—

(a) the yearly amount of the retired pay of such officer if his pensionable service had been twenty years and his retired pay were computed in accordance with the rules contained in the Second Schedule hereto, and

(b) the result obtained by multiplying the appropriate sum by the appropriate number.

TABLE

Retiring Rank	Appropriate Sum
(1)	(2)
	£
Second Lieutenant or Lieutenant	9
Captain	10
Commandant	12
Major or Lieutenant Colonel	14
Colonel	16
Major-General or higher rank	19

Amendment of Fourth Schedule to the Principal Scheme.

37. (1) The Fourth Schedule to the Principal Scheme is hereby amended as follows—

(a) by the substitution, in lieu of the heading, of the following—

" Rules for computing retired pay of officers who retire with the consent of the Minister and whose pensionable service is twelve years or more and less than twenty ";

(b) by the insertion in the Table thereto of the words " Second Lieutenant or " before the word " Lieutenant " and the words " or Lieutenant-Colonel " after the word " Major ".

(2) The heading to the Fourth Schedule to the Principal Scheme is hereby revoked.

Amendment of Fifth Schedule to the Principal Scheme.

38. The Table to Rule 2 of the Fifth Schedule to the Principal Scheme is hereby amended by the insertion of the words " Second Lieutenant or " before the word " Lieutenant " and the words " or Lieutenant-Colonel " after the word " Major ".

Amendment of Sixth Schedule to the Principal Scheme.

39. (1) The Sixth Schedule to the Principal Scheme shall be construed and have effect as if for the definition of the expression " retiring rank " there were substituted the following—

" retiring rank ", in relation to such person, means—

(a) if he retired before the 27th day of October, 1937, the rank held by him on the date of his retirement,

(b) if he retired on or after the 27th day of October, 1937,—

(i) in case he had at the date of his retirement either (I) five years' pensionable service in the rank held by him at such date or (II) less than five years' service in such rank but was reduced to such rank from a higher rank within five years from such date, the rank held by him at such date, and

(ii) in any other case, the rank held by him on the date five years before the date of his retirement or the rank of Second Lieutenant, whichever is the higher.

(2) The Table to the Sixth Schedule to the Principal Scheme is hereby amended by the insertion of the words " or Lieutenant-Colonel " after the word " Major ".

Re-enactment with modification of the Seventh Schedule to the Principal Scheme.

40. (1) The Principal Scheme shall be construed and have effect as if, for the Seventh Schedule, there were substituted the following—

" SEVENTH SCHEDULE.

Rules for computing pensions of members of the Army Nursing Service.

1. (1) For the purposes of this Schedule, the annual emoluments of a member shall be taken to be the sum of the following :—

(a) the annual pay of such member at the time of the termination of her service,

(b) in case such member was at the time of the termination of her service and for not less than five years previous thereto in receipt of additional pay the annual amount of such additional pay, and

(c) the annual amount of the allowances payable to such member at the time of the termination of her service, which shall include—

(i) consolidated ration allowance,

(ii) uniform allowance in respect of indoor and outdoor uniform,

(iii) an allowance in respect of accommodation which shall be fixed from time to time by the Minister with the consent of the Minister for Finance.

(2) For the purposes of paragraph (a) of sub-rule (1) of this Rule, the annual pay of a member at the time of the termination of her service shall, in case she held her retiring grade for less than twelve months, be taken to be the annual pay appropriate to the grade held by her immediately before the commencement of the period of twelve months ending on the date of the termination of her service.

(3) For the purposes of (1) of sub-rule (1) of this Rule—

(a) a member provided with rations in kind shall be deemed to be in receipt of consolidated ration allowance, and

(b) a member provided with uniform in kind shall be deemed to be in receipt of uniform allowance in respect of indoor and outdoor uniform.

2. (1) Where the services of—

(a) a member whose qualifying service is ten years or more but less than twenty years, are terminated on account of permanent infirmity of body or mind, due to disease or injury contracted as the actual result of the employment, or

(b) a member whose qualifying service is twenty years or more and less than thirty years, are terminated on account of disease or injury contracted as the actual result of the nature of the employment, or owing to reorganisation of the Army Nursing Service,

the Minister may, if he thinks fit, direct that, for the purposes of computing the amount of the pension of such member under this Schedule, there shall be added to her qualifying service a number of years (in this Rule referred to as the added years) not exceeding one-third of her years of qualifying service or the difference between her qualifying service and thirty years, whichever is the less, and in that case her qualifying service shall for the said purposes be taken to be her years of qualifying service increased by the added years.

(2) Where the services of a member, whose qualifying service is fifteen years or more but less than twenty years, are terminated owing to reorganisation of the Army Nursing Service, the Minister may, if he thinks fit, direct that, for the purposes of computing the amount of the pension of such member under this Schedule, there shall be added to her qualifying service a number of years (in this Rule referred to as the added years) not exceeding one-third of her years of qualifying service and in that case her qualifying service shall, for the said purposes, be taken to be her years of qualifying service increased by the added years.

3. (1) The amount of a pension payable to a member in whose case this Schedule is applicable shall be whichever is the less of the following, that is to say :—

(a) one-sixtieth of her annual emoluments for each year of her qualifying service, with an additional one-sixtieth for the twenty-first and each succeeding year of qualifying service;

(b) two-thirds of her annual emoluments."

(2) The Seventh Schedule to the Principal Scheme is hereby revoked.

Gratuities in respect of certain deceased officers.

41. (1) Where—

(a) an officer dies while serving in the Forces, and

(b) the circumstances are such that a gratuity could have been granted to him under sub-article (1) of Article 12 or under sub-article (2) of Article 12a of the Principal Scheme on his retirement from the Forces if be had retired voluntarily on the date of his death, and

the Minister may pay in respect of such officer a gratuity of an amount equal to the amount of the gratuity which could have been granted to such officer under sub-article (1) of Article 12 or under sub-article (2) of Article 12a (as the case may be) of the Principal Scheme if he had retired voluntarily on the date of his death.

(2) Where—

(a) an officer who held temporary commissioned rank dies while serving in the Forces, and

(b) the circumstances are such that a gratuity could have been granted to him under Article 12b of the Principal Scheme if he had ceased to hold such temporary commissioned rank on the date of his death, and

(c) such officer leaves a relative, the Minister may pay, in respect of such officer, a gratuity of an amount equal to the amount which could have been granted to such officer under Article 12B of the Principal Scheme if he had ceased to hold such temporary commissioned rank on the date of his death.

(3) Where—

(a) either—

(i) an officer, to whom a gratuity could have been granted, under sub-article (1) of Article 12 or under sub-article (2) of Article 12A of the Principal Scheme on his voluntary retirement from the Forces dies after his voluntary retirement and before the grant of the said gratuity, or

(ii) an officer who held temporary commissioned rank in the Forces and to whom a gratuity could have been granted under Article 12B of the Principal Scheme, dies after ceasing to hold such temporary commissioned rank and before the grant of the said gratuity, and

(b) such officer leaves a relative,

the Minister may pay, in respect of such officer, a gratuity of an amount equal to the amount of the gratuity which could have been so granted.

(4) Where a gratuity in respect of an officer may be paid under sub-article (1), sub-article (2) or sub-article (3) of this Article, such gratuity shall (if granted) be paid—

(i) if he leaves only one relative, to such relative,

(ii) if he leaves two or more relatives, to such one or more, exclusively of the others or other, of the said relatives as the Minister may appoint and, if such power is exercised in favour of more than one of them, in such shares as the Minister may appoint.

(5) For the purposes of this Article each of the following and no other persons shall be a relative of an officer—

(a) his widow,

(b) his son,

(d) his mother,

(e) his father,

(f) his brother,

(g) his sister.

(6) Nothwithstanding anything contained in this Article—

(a) where a gratuity would be payable, but for this sub-article, under this Article to any person, and

(b) a gratuity is also payable to such person under the Army Pensions Acts, 1923 to 1946, as amended by any subsequent enactment,

the gratuity under this Article shall, if it is less than or equal to the gratuity under the said Acts, not be payable and shall, if it is greater than the gratuity under the said Acts, be reduced by the amount of that gratuity.

(7) Sub-articles (1), (2), (3), (4), (5) and (6) of this Article shall be deemed to have come into operation on, and shall have effect as on and from, the 3rd day of September, 1946.

Gratuities in respect of certain deceased soldiers.

42. (1) Where—

(a) a soldier dies while serving in the Forces, and

(b) the circumstances are such, that a gratuity could have been granted to him under sub-article (2) of Article 27 or under Article 28 or Article 28A of the Principal Scheme if he had been discharged from the Forces on the date of his death, and

the Minister may pay, in respect of such soldier, a gratuity which shall be calculated—

(i) in case such soldier was a long-service soldier, in accordance with the rate mentioned in sub-article (2) of Article 27 of the Principal Scheme,

(ii) in case such soldier was a short-service soldier, in accordance with the rate mentioned in Article 28 or Article 28A of the Principal Scheme (as the case may be).

(2) Where—

(a) a soldier (being a soldier to whom a gratuity could have been granted under sub-article (2) of Article 27 or under Article 28 or Article 28A of the Principal Scheme on his discharge from the Forces) dies after his discharge and before the grant of the said gratuity, and

(b) such soldier leaves a relative,

the Minister may pay, in respect of the said soldier, a gratuity of an amount equal to the amount of the gratuity which could have been so granted.

(3) Where—

(a) a soldier dies while serving in the Forces, and

(b) his qualifying service was 15 years or more and less than 21 years, and

(c) the circumstances are such that he could have been granted a pension under the Principal Scheme if he had been discharged from the Forces on the date of his death, and

(d) such soldier leaves a relative,

the Minister may pay, in respect of the said soldier, a gratuity of an amount equal to 365 days' pay at the rate appropriate to the said soldier's rank at his death and calculated in accordance with sub-article (4) of Article 27 of the Principal Scheme.

(4) Where—

(a) (i) a soldier to whom a pension is payable under the Principal Scheme dies after his discharge from the Forces and before the grant of the pension to him, or

(ii) a soldier to whom a pension under the Principal Scheme is granted dies before receiving any payment on foot thereof, and

(b) such soldier leaves a relative,

the Minister may pay, in respect of the said soldier, a gratuity of an amount equal to 365 days' pay at the rate appropriate to the said soldier's rank at the date of his discharge calculated in accordance with sub-article (4) of Article 27 of the Principal Scheme.

(5) Where—

(a) a soldier dies while in receipt of a pension granted under Articles 26, 26A, 27 or 27A of the Principal Scheme, and

(b) the amount of the payments made to him on foot of the pension is less than the amount of the gratuity which could have been paid in respect of him under sub-article (2) of this Article if he had died while serving in the Forces, and

the Minister may pay, in respect of the said soldier, a gratuity equal to the difference between the payments so made to him on foot of the said pension and the gratuity referred to in paragraph (b) of this sub-article.

(6) Where a gratuity in respect of a soldier may be paid under sub-article (1), sub-article (2), sub-article (3), sub-article (4) or sub-article (5) of this Article, such gratuity shall (if granted) be paid—

(i) if he leaves only one relative, to such relative,

(7) For the purposes of this Article each of the following and no other persons shall be a relative of a deceased soldier—

(a) his widow,

(b) his son,

(d) his mother,

(e) his father,

(f) his brother,

(g) his sister,

(8) Article 14 of the Amending Scheme of 1940 is hereby revoked.

(9) Nothwithstanding anything contained in this Article—

(a) where a gratuity would be payable, but for this sub-article, under this Article to any person, and

(b) a gratuity is also payable to such person under the Army Pensions Acts, 1923 to 1946, as amended by any subsequent enactment,

(10) Sub-articles (1), (2), (3), (4), (5), (6), (7), (8) and (9) of this Article shall be deemed to have come into operation on, and shall have effect as on and from, the 3rd day of September, 1939.

Grant of reduced pensions and gratuities in certain cases.

43. Where a pension or gratuity may be granted under the Principal Scheme or this Scheme to a person who served as an officer or a soldier in the National Army or the Reserve, the Minister may, if in his opinion that person's defaults or demerits while so serving warrant such a course, grant to such person a pension or gratuity of a lesser amount than would, but for this Article, be granted.

References to Army Pensions Acts.

44. References in the Principal Scheme to the Army Pensions Acts, 1923 to 1937, shall be construed as references to the Army Pensions Acts, 1923 to 1946, as amended by any subsequent enactment.

GIVEN under my Official Seal, this 26th day of April, 1947.

OSCAR TRAYNOR,

Minister for Defence.

I consent to the foregoing Scheme.

PROINNSÍAS MAC AODHAGÁIN,

Minister for Finance.

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	Irish Statutory Instruments
You are here: BAILII >> Databases >> Irish Statutory Instruments >> Defence Forces (Pensions) (Amendment) Scheme, S.I. No. 81/1947 URL: http://www.bailii.org/ie/legis/num_reg/1947/0081.html

Irish Statutory Instruments

S.I. No. 81/1947 -- Defence Forces (Pensions) (Amendment) Scheme, 1947.