S.I. No. 126/1962:

DEFENCE FORCES (PENSIONS) (AMENDMENT) (No. 2) SCHEME, 1962

DEFENCE FORCES (PENSIONS) (AMENDMENT) (No. 2) SCHEME, 1962

ARRANGEMENT OF ARTICLES

Article

1. Short title, construction and collective citation.

2. Commencement.

3. Application of Interpretation Act, 1937.

4. Definitions.

5. Increase of retired pay of officers retiring on or after 2nd November, 1961.

6. Increase of gratuities of certain married officers.

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

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

S.I. No. 126 of 1962.

I, GEARÓID MAC PHARTHALÁIN, 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, 1962.

(2) The collective citation, the Defence Forces (Pensions) Schemes, 1937 to 1962, shall include this Scheme.

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

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

4. In this Scheme--

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

" the Amending Scheme of 1947 " means the Defence Forces (Pensions) (Amendment) Scheme, 1947 (S.R. & O., No. 81 of 1947);

" the Amending Scheme of 1953 " means the Defence Forces (Pensions) (Amendment) Scheme, 1953 ( S.I. No. 259 of 1953 );

" the Amending Scheme of 1956 " means the Defence Forces (Pensions) (Amendment) Scheme, 1956 ( S.I. No. 35 of 1956 );

" the Amending Scheme of 1957 " means the Defence Forces (Pensions) (Amendment) Scheme, 1957 ( S.I. No. 152 of 1957 );

" the Amending Scheme of 1960 " means the Defence Forces (Pensions) (Amendment) Scheme, 1960 ( S.I. No. 135 of 1960 );

" the Amending Scheme of 1962 " means the Defence Forces (Pensions) (Amendment) Scheme, 1962 ( S.I. No. 42 of 1962 ).

5.--(1) Where retired pay is granted under Articles 5, 6, 7, 8, 9, 9A, 10 or 10A of the Principal Scheme to an officer who retires or is retired on or after the 2nd day of November, 1961, such pay shall be increased by the appropriate percentage indicated in the Table to this Article opposite the mention of such officer's retiring rank.

(2) For the purpose of this Article " retired pay " shall be deemed not to include any increase granted under Article 14 of the Amending Scheme of 1947, Article 4 of the Amending Scheme of 1953, Article 4 of the Amending Scheme of 1956, Article 21 or 22 of the Amending Scheme of 1960 or Article 5 of the Amending Scheme of 1962 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 that sub-article.

(3) This Article shall be deemed to have come into operation on the 2nd day of November, 1961.

TABLE

6.--(1) Where a gratuity is payable under Article 11 of the Principal Scheme (inserted by Article 9 of the Amending Scheme of 1947) to an officer who retires or is retired on or after the 2nd day of November, 1961, such gratuity shall be increased by the appropriate percentage indicated in the Table to this Article opposite the mention of such officer's retiring rank and Article 11A of the Principal Scheme (inserted by Article 10 of the Amending Scheme of 1947) shall have effect accordingly.

(2) In this Article and in the Table hereto " retiring rank " has the meaning assigned to it in Rule 1 (inserted by Article 19 of the Amending Scheme of 1957) of the Fifth Schedule to the Principal Scheme.

(3) For the purposes of this Article a gratuity under Article 11 of the Principal Scheme shall be deemed not to include any increase granted under Article 5 of the Amending Scheme of 1953, Article 5 of the Amending Scheme of 1956, Article 23 or 24 of the Amending Scheme of 1960 or Article 6 of the Amending Scheme of 1962.

(4) This Article shall be deemed to have come into operation on the 2nd day of November, 1961.

TABLE

7.--(1) Article 26A of the Principal Scheme (inserted by Article 22 of the Amending Scheme of 1947) shall, as respects a long-service soldier discharged on or after the 1st day of November, 1961, have effect as if--

(a) the pension payable to him under sub-article (1) of that Article, as amended by Article 7 of the Amending Scheme of 1962, in lieu of being payable at the rate specified in the Table to the said Article 7, were payable at the rate specified in the Table to this Article opposite the mention of his retiring rank,

(b) a married pension payable to him under sub-article (3) of that Article, as amended by the said Article 7, in lieu of being payable at the rate of fourteen shillings and four pence per week, were payable at the rate of sixteen shillings and seven pence per week.

(2) In this Article and in the Table hereto " retiring rank " has the meaning assigned to it in Article 25 of the Principal Scheme.

(3) This Article shall be deemed to have come into operation on the 1st day of November, 1961.

TABLE

8.--(1) Article 29A of the Principal Scheme (inserted by Article 26 of the Amending Scheme of 1947) as amended by Article 8 of the Amending Scheme of 1962 shall, as respects a soldier discharged or transferred to the Reserve on or after the 1st day of November, 1961, have effect as if the gratuity payable thereunder to such soldier, in lieu of being calculated by reference to the Table to the said Article 8, were calculated by reference to the Table to this Article.

(2) This Article shall be deemed to have come into operation on the 1st day of November, 1961.

TABLE

GIVEN under my Official Seal, this 26th day of July, 1962.

GEARÓID MAC PHARTHALÁIN,

Minister for Defence.

The Minister for Finance hereby consents to the foregoing scheme.

GIVEN under the Official Seal of the Minister for Finance, this 26th day of July, 1962.

SÉAMAS Ó RIAIN.

EXPLANATORY NOTE.

This statutory instrument provides for increases in the amount of retirement benefits payable to certain officers of the Permanent Defence Force retiring on or after 2nd November, 1961 and in the pensions or gratuities payable to soldiers discharged or transferred to the Reserve Defence Force on or after 1st November, 1961.