S.I. No. 194/1957:

DEFENCE FORCES (PENSIONS) (AMENDMENT) (NO. 2) SCHEME, 1957.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (NO. 2) SCHEME, 1957.

I, CAOIMHGHÍN Ó BEOLÁIN, 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. 2) Scheme, 1957.

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

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

3.--(1) In this Scheme--

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

" officer to whom this Scheme applies " means an officer of the Permanent Defence Force who--

(a) was awarded the 1916 Medal or the Service (1917/1921) Medal or both those Medals, and

(b) is not a person specified in paragraph (a) of sub-article 4 of Article 13 of the Principal Scheme.

(2) The Defence Forces (Pensions) Schemes, 1937 to 1957, and this Scheme shall be construed together as one Scheme.

(3) The collective citation, the Defence Forces (Pensions) Schemes, 1937 to 1957, shall be deemed to include this Scheme.

4.--(1) For the purposes of this Scheme " the appropriate age " means, in relation to an officer to whom this Scheme applies and who holds at the date of his retirement the rank specified in the first column of the Table to this paragraph, the age specified in the second column of that Table opposite the mention of such rank.

TABLE.

(2) In the case of an officer who is promoted to a higher rank on the day immediately preceding the date of his retirement, the rank held by him immediately prior to such promotion shall, for the purposes of paragraph (1) of this Article, be deemed to be the rank held by him at the date of his retirement.

5.--(1) Where, on or after the 1st day of November, 1957, an officer to whom this Scheme applies retires on the grounds of age or retires with the permission of the Minister on or after the date on which he reaches the appropriate age, there may, subject to the provisions of this Scheme, be granted to him supplementary retired pay at an annual rate equal to the difference between the annual rate of retired pay for which he is eligible and the appropriate annual rate or rates of pay (including flying pay but excluding all allowances) which would be payable to him if he had continued to serve as an officer of the Permanent Defence Force in the same rank as he held at the date of his retirement until the date on which supplementary retired pay ceases to be payable to him.

(2) The annual rate or rates of pay of an officer who is promoted to a higher rank on the day immediately preceding the date of his retirement shall, for the purpose of the calculation of supplementary retired pay under paragraph (1) of this Article, be deemed to be the annual rate or rates of pay appropriate to the rank held by him immediately prior to such promotion.

(3) Supplementary retired pay shall be payable as from the date of the retirement of the officer to whom it is payable.

(4) Supplementary retired pay shall not be payable to an officer in respect of any period after--

(a) the date of the expiration of two years from the date on which he reached or reaches the appropriate age, or

(b) the day immediately preceding the date on which he reaches the age of sixty-five years,

whichever is the earlier.

(5) Where an officer who is in receipt of supplementary retired pay dies, such pay shall not be payable in respect of any period after the date of his death.

6.--Where an officer is in receipt of a disablement pension in respect of any period in respect of which supplementary retired pay is payable to him, the supplementary retired pay in respect of that period shall not exceed such amount as will when added to the sum of--

(a) the disablement pension, and

(b) the net amount of the retired pay,

for which he is eligible in respect of that period, equal but not exceed the appropriate amount of pay (including flying pay but excluding all allowances) which would be payable to him in respect of that period if he had continued to serve as an officer of the Permanent Defence Force until the date on which supplementary retired pay ceases to be payable to him in the same rank as he held--

(i) in the case of an officer promoted to a higher rank on the day immediately preceding the date of his retirement, immediately prior to such promotion, and

(ii) in any other case, at the date of his retirement.

7.--(1) In the case of an officer who is in receipt of supplementary retired pay, Article 15 of the Principal Scheme shall have effect as if the references therein to retired pay included references to supplementary retired pay.

(2) Articles 16 and 17 of the Principal Scheme shall have effect as if the references therein to retired pay under that Scheme and to retired pay included references to supplementary retired pay.

(3) Article 18 of the Principal Scheme shall have effect as if the references therein to retired pay icluded references to supplementary retired pay.

(4) Article 35 of the Principal Scheme and Part V of that Scheme (except sub-article (2) of Article 36, Article 38 and sub-article (1) of Article 41) and Article 21 of the Defence Forces (Pensions) (Amendment) Scheme, 1953 ( S.I. No. 259 of 1953 ), shall have effect as if the reference in the definition of the word " pension " in sub-article (1) of the said Article 35 to retired pay included a reference to supplementary retired pay.

(5) Article 12 of the Defence Forces (Pensions) (Amendment) Scheme, 1953, shall have effect as if the reference therein to retired pay included a reference to supplementary retired pay.

GIVEN under my Official Seal, this 8th October 1957.

CAOIMHGHÍN Ó BEOLÁIN.

The Minister for Finance hereby consents to the foregoing Scheme.

SEÁN MAC ENTEE.

GIVEN under the Official Seal of the Minister for Finance, this 8th October, 1957.

Explanatory Note.

This statutory instrument provides supplementary retired pay for certain officers on retirement who were awarded the 1916 Medal or the Service (1917/1921) Medal or both those Medals.