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 to 1949, 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, 1953.

(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 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 Amending Scheme of 1949 " means the Defence Forces (Pensions) (Amendment) Scheme, 1949 ( S.I. No. 209 of 1949 ) ;

" the Schemes " means the Principal Scheme as amended by subsequent Schemes including this Scheme ;

" Defence Force regulations " means regulations made under the Defence Forces (Temporary Provisions) Acts, 1923 to 1953 ;

" the Minister " means the Minister for Defence ;

" married officer " means, save where the context otherwise requires, an officer who was a married officer within the meaning of the Defence Force regulations with respect to the pay of officers in force on the day before the date of his retirement ;

" single officer " means, save where the context otherwise requires, an officer who is not a married officer

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

(3) The Principal Scheme, the Defence Forces (Pensions) (Amendment) Scheme, 1940 ( S. R. & O. No. 299 of 1940 ), the Amending Scheme of 1947, the Amending Scheme of 1949, the Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1949 ( S.I. No. 291 of 1949 ), and this Scheme may be cited together as the Defence Forces (Pensions) Schemes, 1937 to 1953.

Increase of retired pay of officers retiring on or after 2nd September, 1949.

4.--(1) Where retired pay is granted under Articles 5, 6, 7, 8, 9, 9A or 10 of the Principal Scheme to an officer who retires or is retired on or after the 2nd day of September, 1949, such pay shall be increased by the appropriate percentage indicated in the Table to this Article.

(2) For the purposes of this Article " retired pay " shall be deemed not to include any increase granted under Article 14 of the Amending Scheme of 1947 but, in relation to an officer who--

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

(b) does not exercise the election conferred on him by paragraph (b) of sub-article (1) of the said Article 13,

shall include the increase granted under paragraph (a) of sub-article (1) of the said Article 13.

(3) Article 14 of the Amending Scheme of 1947 shall not apply to an officer to whom this Article applies, and any payments made in respect of the increase granted under the said Article 14 shall be deemed to be payments on foot of the increase granted by this Article.

(4) In the Table to this Article, as respects an officer who retires or is retired between the 2nd day of September, 1949, and the 1st day of April, 1950--

" married officer " means an officer who was on the day before the date of his retirement, and had been during the whole of the two years ending on that day, either in occupation of married quarters or in receipt of lodging, fuel and light allowance at the married rate ;

" single officer " means an officer who is not a married officer.

(5) Sub-articles (1), (2) and (4) of this Article shall be deemed to have come into operation on the 2nd day of September, 1949.

TABLE.

Retiring Rank by reference to which retired pay was calculated.	Married Officer		Single Officer
Retirement before 16th January, 1951.	Retirement on or after 16th January, 1951.	Retirement before 16th January, 1951.	Retirement on or after 16th January, 1951.
Lieutenant-General	--	61%	--	--
Major-General	44%	69%	40%	62%
Colonel	52%	74%	48%	71%
Lieutenant-Colonel	47%	69%	41%	57%
Commandant	38%	53%	30%	43%
Captain	42%	58%	42%	59%
Lieutenant	32%	48%	30%	43%

Increase of gratuities of married officers retiring on or after 2nd September, 1949.

5.--(1) Where a gratuity is paid under Article 11 of the Principal Scheme (inserted by Article 9 of the Amending Scheme of 1947) to an officer (other than an officer whose retiring rank is lieutenant-general or general) who retires on or after the 2nd day of September, 1949, such gratuity shall be increased by the appropriate percentage indicated in the Table to this Article.

(2) In this Article and in the Table thereto " retiring rank " has the meaning assigned to it in Rule 1 of the Fifth Schedule to the Principal Scheme.

(3) This Article shall be deemed to have come into operation on the 2nd day of September, 1949.

TABLE.

Retiring Rank.	Retirement before 16th January, 1951.	Retirement on or after 16th January, 1951.
Major-General	44%	69%
Colonel	52%	74%
Lieutenant-Colonel	47%	69%
Commandant	38%	53%
Captain	42%	58%
Lieutenant	32%	48%

Amendment of Article 11 of the Principal Scheme.

6.--(1) Article 11 of the Principal Scheme (inserted by Article 9 of the Amending Scheme of 1947) shall have effect--

(a) as respects an officer who retired on or after the 2nd day of April, 1950, and before the 1st day of April, 1952, as if that Article applied to an officer--

(i) who was, during the whole of the period beginning on the 1st day of April, 1950, and ending on the day before the date of his retirement, a married officer within the meaning of the Defence Force regulations with respect to the pay of officers in force during the whole of that period ; and

(ii) who was, during the whole of the period ending on the 31st day of March, 1950, by which his pensionable service subsequent to that date falls short of a period of two years, either in occupation of married quarters or in receipt of lodging, fuel and light allowance at the married rate ;

(b) as respects an officer who retires on or after the 1st day of April, 1952, as if the following sub-article were substituted for sub-article (2) :

" (2) This Article applies to an officer--

(a) who, if he served as an officer during the whole of the two years ending on the day before the date of his retirement, was during the whole of the said two years, a married officer within the meaning of the Defence Force regulations with respect to the pay of officers in force during the whole of that period, and

(b) 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, during the whole of his period of service as an officer, a married officer within the meaning of the Defence Force regulations with respect to the pay of officers in force during the whole of such period."

(2) Where, before the coming into operation of this Scheme, an interim payment was made by the Minister to an officer who, under Article 11 of the Principal Scheme as amended by sub-article (1) of this Article, becomes entitled to a gratuity, such interim payment shall be deemed to be a payment on account of the gratuity now payable under the said Article 11 as amended by this Article.

(3) Where, before the coming into operation of this Scheme, an interim payment was made by the Minister to a widow or child who, by virtue of sub-article (1) of this Article, becomes entitled to a gratuity under Article 11A of the Principal Scheme (inserted by Article 10 of the Amending Scheme of 1947) such interim payment shall be deemed to be a payment on account of the gratuity now payable under the said Article 11A.

Amendment of Article 12 of the Principal Scheme.

7. Article 12 of the Principal Scheme is hereby amended by--

(a) the substitution, in sub-article (1), of " in the case of a single officer, twenty-five days, and in the case of a married officer, twenty " for " thirty " ;

(b) the substitution, in sub-article (2), of " in the case of a single officer, thirty-seven days, and in the case of a married officer, thirty " for " forty-five " ;

(c) the substitution, in sub-article (3), of " in the case of a single officer, thirty-seven days, and in the case of a married officer, thirty " for " forty-five ".

Gratuities for temporary officers in the Air Corps.

8. The Principal Scheme is hereby amended by the deletion of Article 12A (inserted by Article 6 of the Defence Forces (Pensions) (Amendment) Scheme, 1940, ( S. R. & O. No. 299 of 1940 ) ), and the substitution therefor of the following Article--

" 12A.--(1) Where an officer who has held temporary commissioned rank in the Air Corps and who immediately before his appointment to such temporary commissioned rank completed a course of Air Corps cadet training under the provisions of Part IV of Defence Force Regulations A.4., is retired without having been appointed to permanent commissioned rank, there may, subject to the provisions of the Principal Scheme, be granted to such officer--

(a) in case he held such temporary commissioned rank for not less than three and a half years and less than five and a half years, a gratuity of £300,

(b) in case he held such temporary commissioned rank for not less than five and a half years, a gratuity of £500.

(2) Where a gratuity is granted to an officer under this Article, no other benefit under the Schemes shall be granted to such officer in respect of service rendered prior to his retirement."

Amendment of Article 12B of the Principal Scheme.

9.--(1) Article 12B of the Principal Scheme (inserted by Article 12 of the Amending Scheme of 1947) is hereby amended by the insertion in sub-article (1), after paragraph (iv), of--

" (v) in respect of the period (if any) of such service during which he held the rank of lieutenant-commander and was not a married man, at the rate of £50 per annum, and

(vi) in respect of the period (if any) of such service during which he held the rank of lieutenant-commander and was a married man, at the rate of £55 per annum."

(2) This Article shall be deemed to have come into operation on the commencement of the Amending Scheme of 1947.

Gratuities to dental officers holding temporary commissions in Army Medical Corps.

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

" 12C. (1) Where a person, appointed to temporary commissioned rank as a Dental Officer in the Army Medical Corps retires or is retired, there may, subject to the provisions of this Scheme, be granted to him a gratuity, in respect of service rendered by him while holding such temporary commissioned rank, of--

(a) if the period of such service is not less than two years and is less than three years--£250 ;

(b) if the period of such service is not less than three years and is less than five years--£400 ;

(d) if the period of such service is not less than seven years--£800.

(2) Where a gratuity is granted to a person under this Article, no other benefit under the Schemes shall be granted to such person in respect of service rendered prior to his retirement."

Amendment of Article 13 of the Principal Scheme.

11. Sub-article (1) of Article 13 of the Principal Scheme (inserted by Article 13 of the Amending Scheme of 1947) is hereby amended by--

(a) the substitution, in subparagraph (i) of paragraph (b), of " if he is a single officer, twenty thirty-thirds, and if he is a married officer, one-half " for " two-thirds " ;

(b) the substitution, in subparagraph (ii) of paragraph (b), of " if he is a single officer, one sixty-sixth, and if he is a married officer, one-eightieth " for " one-sixtieth ".

Amendment of Article 15 of the Principal Scheme.

12.--(1) In computing the remuneration of any office for the purpose of Article 15 of the Principal Scheme, any increase granted in such remuneration subsequent to the date of an officer's retirement may, to such extent as may be determined by the Minister with the consent of the Minister for Finance, be disregarded, provided always that such officer shall not as a result of such determination receive by way of retired pay an amount which, when added to the actual remuneration of the office, would exceed what the pay of such officer immediately prior to his retirement would have been if the rates of pay for officers in force on the date of such determination had been in force immediately prior to such officer's retirement.

(2) This Article shall be deemed to have come into operation on the 1st day of April, 1953.

Amendment of Article 17 of the Principal Scheme.

13. Article 17 of the Principal Scheme is hereby amended by the deletion of " under sub-section (2) of section 213 of the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923) " and of " under the said sub-section (2) ".

Increase of child's pension under Article 20 of the Principal Scheme.

14. A child's pension mentioned in sub-article (2) of Article 20 of the Principal Scheme, shall, with effect from the 1st day of January, 1953, be increased by 50 per cent.

Amendment of Article 21 of the Principal Scheme.

15. Sub-article (1) of Article 21 of the Principal Scheme is hereby amended by the substitution of " twenty days " for " thirty days ".

Amendment of Article 22 of the Principal Scheme.

16.--(1) Article 22 of the Principal Scheme is hereby amended, with effect from the 1st day of April, 1950, by the deletion of paragraph (c) and paragraph (d) of sub-article (3), and the substitution of the following paragraphs--

" (c) to the widow or child of a deceased officer who died on or before the 31st day of March, 1950, while serving in the Forces unless, on the day of his death, he was in occupation of married quarters or was in receipt of lodging, fuel and light allowance at the married rate, or

(d) to the widow or child of a deceased officer who died on or after the 1st day of April, 1950, while serving in the Forces unless, on the day of his death, he was a married officer within the meaning of the Defence Force regulations with respect to the pay of officers in force on the day of his death, or

(e) to the widow or child of a deceased officer who retired on or before the 1st day of April, 1950, and who died after retirement unless, on the day before the date of his retirement he was in occupation of married quarters or was in receipt of lodging, fuel and light allowance at the married rate, or

(f) to the widow or child of a deceased officer who retired on or after the 2nd day of April, 1950, and who died after retirement unless, on the day before the date of his retirement, he was a married officer within the meaning of the Defence Force regulations with respect to the pay of officers in force on that day."

(2) Where, before the coming into operation of this Scheme, an interim payment was made by the Minister to a widow or child who, by virtue of sub-article (1) of this Article becomes entitled to a pension under Article 20 of the Principal Scheme, such payment shall be deemed to be a payment on foot of the pension payable under the said Article 20 by virtue of sub-article (1) of this Article.

Amendment of Article 23A of the Principal Scheme.

17. Article 23A of the Principal Scheme (inserted by Article 19 of the Amending Scheme of 1947) is hereby amended--

(a) by the deletion in paragraph (b) of sub-article (1) of the words " or, if he is a married officer, the loss of lodging, fuel and light allowance." ;

(b) by the substitution of the words " or additional pay " for the words " additional pay or, if a married officer, lodging, fuel and light allowance " in both cases where those words occur.

Amendment of Article 26A of the Principal Scheme.

18.--(1) Article 26A of the Principal Scheme (inserted by Article 22 of the Amending Scheme of 1947) shall, as respects any long-service soldier have effect--

(a) in the case of a soldier who was discharged from the Forces on or after the 1st day of September, 1949, as if the pension payable to such soldier under sub-article (1) of that Article, in lieu of being payable at the rate specified in the Table set out therein, were payable at the rate specified in the Table to this sub-article opposite the mention of his retiring rank ;

(b) in the case of a soldier who was discharged from the Forces on or after the 1st day of September, 1949, and before the 15th day of January, 1951, as if the married pension payable to any such soldier under sub-article (3) of that Article, in lieu of being payable at the rate of seven shillings per week, were payable at the rate of seven shillings and ninepence per week ;

(c) in the case of a soldier who is discharged from the Forces on or after the 15th day of January, 1951, as if such married pension, in lieu of being payable at the rate of seven shillings per week, were payable at the rate of eight shillings and ninepence per week.

TABLE.

Retiring Rank	Rate per week of pension in respect of 21 years' qualifying service.
Discharge before 15th January, 1951.		Discharge on or after 15th January, 1951.
	s.	d.	s.	d.
Sergeant-Major	32	0	37	0
Battalion Quarter-master-Sergeant	28	6	33	6
Company Sergeant	26	6	30	0
Company Quarter-master-Sergeant	25	0	28	6
Sergeant	23	0	25	0
Corporal	21	0	24	0
Private	18	0	20	0

(2) In sub-article (1) of this Article and in the Table thereto " retiring rank " has the meaning assigned to it by Article 25 of the Principal Scheme.

(3) This Article shall be deemed to have come into operation on the 1st day of September, 1949.

Amendment of Article 28A of the Principal Scheme.

19.--(1) Article 28A of the Principal Scheme (inserted by Article 26 of the Amending Scheme of 1947) shall have effect as if the gratuity payable thereunder to a soldier, in lieu of being calculated by reference to the Table to sub-article (1) of the said Article 28A--

(a) were, in the case of a soldier discharged on or after the 1st day of September, 1949, and before the 15th day of January, 1951, calculated by reference to Table I to this sub-article ;

(b) were, in the case of a soldier discharged on or after the 15th day of January, 1951, calculated by reference to Table II to this sub-article .

TABLE I.

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	15	0	3	10	0	5	0	0
2	Any rank being that of Corporal or Sergeant	2	5	0	4	10	0	6	10	0
3	Any rank being that of Company Quartermaster-Sergeant, Company Sergeant, Battalion Quartermaster-Sergeant, or Sergeant Major	2	15	0	5	10	0	8	0	0

TABLE II.

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	2	0	0	3	15	0	5	10	0
2.	Any rank being that of Corporal or Sergeant	2	10	0	4	15	0	7	0	0
3.	Any rank being that of Company Quarter-Master-Sergeant, Company Sergeant, Battalion Quartermaster-Sergeant, or Sergeant Major	3	0	0	6	0	0	9	0	0

(2) This Article shall be deemed to have come into operation on the 1st day of September, 1949.

Amendment of Article 38 of the Principal Scheme.

20.--(1) Notwithstanding anything to the contrary in Article 38 of the Principal Scheme, no reduction of service pension shall be made under that Article so as to reduce the total of the service pension and the disablement pension to less than the greater of the following amounts--

(a) the sum of £150 a year,

(b) the sum of the greater of such pensions and one-half the lesser.

(2) Sub-article (1) of Article 38 of the Principal Scheme is hereby amended, with effect from the 27th day of October, 1937, by the addition at the end of the definition of the expression " disablement pension " of the words " and, where there is more than one such pension, the sum thereof."

Restoration of pensions forfeited or terminated.

21.--(1) Where a pension has been forfeited or terminated under Article 40 of the Principal Scheme, the Minister may by order, made with the consent of the Minister for Finance, restore such pension either in whole or in part.

(2) Where a pension is restored in part under sub-article (1) of this Article, the Minister may by order, made with the consent of the Minister for Finance, restore the balance of such pension.

(3) Payment of any pension or part of a pension which has been restored under this Article shall be made from such date (not being earlier than the date of the order restoring it) as the Minister may determine.

Amendment of Article 41 of the Principal Scheme.

22. Article 41 of the Principal Scheme is hereby amended by the insertion in sub-article (2), after " payment " of " either in whole or in part ".

Amendment of the Schemes.

23. The Schemes shall have effect as if, for references either to permanent infirmity of mind or body or to infirmity of mind or body, there were substituted references to mental or physical incapacity.

Extension of application of Rule 2 of the First Schedule to the Principal Scheme.

24. In the case of an officer placed on the half-pay list during the periods from the 22nd day of March, 1943, to the 20th day of March, 1944, and from the 22nd day of March, 1944, to the 28th day of February, 1945, for the purpose of performing duties under a local authority, such duties shall be treated as duties in a Department of State for the purposes of sub-paragraph (a) of Rule 2 of the First Schedule to the Principal Scheme.

Increase of married officers' gratuities for Lieutenant-Generals and Generals.

25.--(1) The Table to Rule 2 of the Fifth Schedule to the Principal Scheme is hereby amended by--

(a) the deletion from the first column of " or higher rank " ;

(b) the insertion in the first column under " Major-General " of " Lieutenant-General " and under " Lieutenant-General " of " General " ;

(2) Sub-article (1) of this Article shall have effect only as respects officers who retire or are retired after the day on which this Scheme comes into operation.

Increase of pensions payable to certain retired officers

26. Each appropriate sum mentioned in the Table to the Sixth Schedule to the Principal Scheme shall, with effect from the Ist day of January, 1953, be increased by thirty per cent.

Amendment of the Eighth Schedule to the Principal Scheme.

27.--(1) Rule 1 of the Eighth Schedule to the Principal Scheme (inserted by Article 18 of the Amending Scheme of 1949) is hereby amended by--

(a) the substitution, for clause (ii) of subparagraph (b) of paragraph (1), of the following clause--

" (ii) an allowance in respect of accommodation which shall be determined by the Minister from time to time with the consent of the Minister for Finance";

(b) the deletion of subparagraph (b) of paragraph (3).

(2) Sub-article (1) of this Article shall be deemed to have come into operation on the 1st day of February, 1950.

Amendment of Article 15 of the Amending Scheme of 1947.

28. Article 15 of the Amending Scheme of 1947 is hereby amended, with effect from the 1st day of April, 1950, by the addition of the following sub-article :

"(3) This Article shall apply only as respects an officer who retired or was retired on or before the 1st day of April, 1950."

Gratuities under Article 42 of the Amending Scheme of 1947.

29. References in Article 42 of the Amending Scheme of 1947 to Article 26A and Article 28A of the Principal Scheme shall, with effect from the 1st day of September, 1949, be construed as references to those Articles as amended by this Scheme.

Amendment of Article 20 of the Amending Scheme of 1940

30. Article 20 of the Amending Scheme of 1949 is hereby amended by--

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

"(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 12A of the Principal Scheme as amended by this Scheme or under Article 12C of the Principal Scheme (inserted by Article 10 of this Scheme) on his retirement from the Forces if he had retired or had been retired 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 which could have been granted to such officer under the said Article 12A or the said Article 12C, as the case may be, if he had retired or had been retired on the date of his death.",

(b) the substitution, in paragraph (I) of sub-article (3), of "if he is a single officer, twenty-eight days, and if he is a married officer, twenty-four " for" thirty",

(c) the substitution, in paragraph (II) of sub-article (3), of "if he is a single officer, three hundred and thirty-five days, and if he is a married officer, two hundred and ninety-three "for" three hundred and sixty-five ",

(d) the substitution, in paragraph (I) of sub-article (4), of "if he is a single officer, forty-one days, and if he is a married officer, thirty-six "for" forty-five", and of "if he is a single officer, twenty-eight days, and if he is a married officer, twenty-four "for" thirty", and

(e) the substitution, in paragraph (II) of sub-article (4), of "if he is a single officer, three hundred and thirty-five days, and if he is a married officer, two hundred and ninety-three "for" three hundred and sixty-five".

GIVEN under my Official Seal, this 25th day of July, 1953.

OSCAR TRAYNOR,

Minister for Defence.

I consent to the foregoing Scheme.

SEAN MacENTEE,

Minister for Finance.

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Irish Statutory Instruments

S.I. No. 259/1953 -- Defence Forces (Pensions) (Amendment) Scheme, 1953.