S.I. No. 204/1962:

DEFENCE FORCES (PENSIONS) (AMENDMENT) (No. 3) SCHEME, 1962.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (No. 3) 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 who retired before 16th December, 1959.

6. Increase of pensions under Article 19 of the Principal Scheme.

7. Increase of pensions of widows of certain deceased officers.

8. Increase of pensions of children of certain deceased officers.

9. Increase of pensions under Articles 26A and 27A of the Principal Scheme.

10. Increase of pensions of certain members of Army Nursing Service.

11. Increase of pensions of certain members of Chaplaincy Service.

12. Further amendment of Sixth Schedule to the Principal Scheme.

13. Increases to have effect from 1st August, 1962.

S.I. No. 204 of 1962.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (No. 3) SCHEME, 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. 3) 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 );

" the No. 2 Amending Scheme of 1962 " means the Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1962 ( S.I. No. 126 of 1962 );

" the Schemes " means the Defence Forces (Pensions) Schemes, 1937 to 1962, but does not include this Scheme.

5. The retired pay payable under Articles 5, 6, 7, 8, 9, 9A or 10 of the Principal Scheme, including retired pay increased under paragraph (a) of subarticle (1) of Article 13 of that Scheme, to an officer who retired or was retired before the 16th day of December, 1959, shall be--

(a) in case such officer retired before the 2nd day of November, 1955, the amount which would be payable to him under the Schemes if the date of his retirement had been the 2nd day of November, 1955, and his rank, service in that rank, total service and single or married status were the same as those on the date of his actual retirement, increased by six per cent.,

(b) in case such officer retired on or after the 2nd day of November, 1955, the amount of retired pay payable to him under the Schemes, increased by six per cent.

6. Every pension payable under Article 19 of the Principal Scheme shall be increased by twenty per cent.

7. Subarticle (1) of Article 20 of the Principal Scheme shall have effect as if for the Table thereto (inserted by Article 10 of the Amending Scheme of 1960) there were substituted the following--

" TABLE to Article 20 (1)

"

8.--(1) Every child's pension shall be increased by twenty per cent.

(2) In this Article " child's pension " means a pension payable under subarticle (2) of Article 20 of the Principal Scheme as amended by Article 14 of the 1953 Scheme, Article 21 of the 1957 Scheme and Articles 9 and 10 of the 1960 Scheme.

9. The pension (including married pension) payable under Article 26A of the Principal Scheme (inserted by Article 22 of the Amending Scheme of 1947 and amended by Article 7 of the No. 2 Amending Scheme of 1962) or Article 27A of the Principal Scheme (inserted by Article 24 of the Amending Scheme of 1947) to a soldier discharged before the 15th day of December, 1959, shall be--

(a) in the case of a soldier discharged before the 1st day of November, 1955, the amount which would be payable to him under the Schemes if the date of his discharge had been the 1st day of November, 1955, and his rank, service in that rank, total service and single or married status were the same as those on the date of his actual discharge, increased by six per cent.,

(b) in the case of a soldier discharged on or after the 1st day of November, 1955, the amount payable to him under the Schemes, increased by six per cent.

10. The pension payable under Part IV of the Principal Scheme to a member of the Army Nursing Service who resigned or whose services were terminated with effect from a date prior to the 16th day of December, 1959, shall be--

(a) in the case of a member who resigned or whose services were terminated with effect from a date prior to the 2nd day of November, 1955, the amount which would be payable to her under the Schemes if the effective date of her resignation or of the termination of her services had been the 2nd day of November, 1955, and her rank, service in that rank and total service were the same as those on the actual effective date of her resignation or of the termination of her services, increased by six per cent.,

(b) in the case of a member who resigned or whose services were terminated with effect from the 2nd day of November, 1955, or a day subsequent to that date, the amount payable to her under the Schemes, increased by six per cent.

11. The pension payable under Part IVA of the Principal Scheme (inserted by Article 12 of the Defence Forces (Pensions) (Amendment) Scheme, 1949 ( S.I. No. 209 of 1949 ) ) to a member of the Chaplaincy Service whose services were terminated with effect from a date prior to the 16th day of December, 1959, shall be--

(a) in the case of a member whose services were terminated with effect from a date prior to the 2nd day of November, 1955, the amount which would be payable to him under the Schemes if the effective date of the termination of his services had been the 2nd day of November, 1955, and his grade of appointment, service in that grade and total service were the same as those on the actual effective date of the termination of his services, increased by six per cent.,

(b) in the case of a member whose services were terminated with effect from the 2nd day of November, 1955, or a day subsequent to that date, the amount payable to him under the Schemes, increased by six per cent.

12. For the purposes of the Sixth Schedule to the Principal Scheme " the hypothetical maximum (civil) pension " in relation to a person who retired from the Civil Service or the Gárda Síochána before the 1st day of November, 1955, shall, notwithstanding rule 1 of that Schedule, mean an amount, equal to two-thirds of the pensionable salary of which such person would have been in receipt if the date of his retirement had been the 1st day of November, 1955, and his rank and service in that rank on that date were the same as those on the actual date of his retirement, increased by 6 per cent.

13. Articles 5 to 12 of this Scheme shall be deemed to have come into operation on the 1st day of August, 1962.

GIVEN under my Official Seal, this 5th day of December, 1962.

GEARÓID MAC PHARTHALÁIN,

Aire Cosanta.

The Minister for Finance hereby consents to the foregoing scheme.

GIVEN under the Official Seal of the Minister for Finance, this fifth day of December, 1962.

SÉAMAS Ó RIAIN,

Aire Airgeadais.

EXPLANATORY NOTE

This statutory instrument provides increases in the pensions of Army personnel (including members of the Nursing and Chaplaincy Services) whose services ceased before 15th December, 1959.