I, SÉAMUS MAC GIOBÚIN, 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:

Short title, construction and collective citation

1. (1) This Scheme may be cited as the Defence Forces (Pensions) (Amendment) (No. 4) Scheme, 1969.

(2) The Defence Forces (Pensions) Schemes, 1937 to 1969, and this Scheme shall be construed together as one Scheme and may be cited together as the Defence Forces (Pensions) Schemes, 1937 to 1969.

Commencement

2. This Scheme shall come into force on the day after the date on which it is made.

Application of Interpretation Act, 1937

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

Definitions

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 1964 " means the Defence Forces (Pensions) (Amendment) Scheme, 1964 ( S.I. No. 247 of 1964 ).

Increase of retired pay of officers retired before 2nd January, 1964

5. The retired pay payable under Article 5, 6, 7, 8, 9, 9A, 10 or 10A of the Principal Scheme (including retired pay increased under Article 13 (1) (a) of that Scheme) to an officer who retired or was retired before the 2nd day of January, 1964, shall be increased as follows--

(a) in case the retirement took place before the 2nd day of February, 1961--

(i) by five per cent with effect from the 1st day of October, 1964,

(ii) with effect from the 1st day of August, 1965, to an amount equal to the retired pay payable to him under the Principal Scheme on the 30th day of September, 1964, increased by fourteen and one-half per cent,

(iii) by an additional twelve per cent with effect from the 1st day of August, 1967, and

(iv) by an additional five per cent with effect from the 1st day of August, 1968;

(b) in case the retirement took place on or after the 2nd day of February, 1961 and before the 2nd day of November, 1961--

(i) by five per cent with effect from the 1st day of October, 1964,

(ii) with effect from the 1st day of August, 1965, to an amount equal to the retired pay payable to him under the Principal Scheme on the 30th day of September, 1964, increased by nine per cent,

(iii) by an additional twelve per cent with effect from the 1st day of August, 1967, and

(iv) by an additional five per cent with effect from the 1st day of August, 1968;

(i) by nine per cent with effect from the 1st day of August, 1965,

(ii) by an additional twelve per cent with effect from the 1st day of August, 1967, and

(iii) by an additional five per cent with effect from the 1st day of August, 1968.

Increase of retired pay of officers retired before 2nd February, 1964

6. (1) An officer who retired or was retired on or after the 2nd day of January, 1964 and before the 2nd day of February, 1964, and who is in receipt of retired pay under Article 5 of the Principal Scheme (including retired pay increased under Article 13 (1) (a) of that Scheme), may be granted, in lieu thereof, retired pay of an amount equal to the retired pay which would be payable to him under the Principal Scheme, if the date of his retirement had been the 2nd day of November, 1961 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 22.08 per cent, if that is more favourable to him.

(2) This Article shall be deemed to have come into operation on the 1st day of August, 1967.

Increase of retired pay of officers retired before 2nd June, 1966

7. (1) The amount of retired pay payable under Article 5 of the Principal Scheme (including retired pay increased under Article 13 (1) (a) of that Scheme), as amended by Article 6 of this Scheme, to an officer who retired or was retired on or after the 2nd day of January, 1964 and before the 2nd day of February, 1964, shall be increased by five per cent.

(2) An officer who retired or was retired on or after the 2nd day of February, 1964 and before the 2nd day of June, 1966, and who is in receipt of retired pay under Article 5 or 10 of the Principal Scheme (including retired pay increased under Article 13 (1) (a) of that Scheme), may be granted, in lieu thereof, retired pay of an amount equal to the retired pay which would be payable to him under the Principal Scheme if the date of his retirement had been the 2nd day of November, 1961 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 28.184 per cent, if that is more favourable to him, provided that such retired pay does not exceed the amount of retired pay which would be payable to an officer of similar rank, service in that rank, total service and single or married status who retired on or after the 2nd day of June, 1966.

(3) This Article shall be deemed to have come into operation on the 1st day of August, 1968.

Increase of retired pay under Article 19 of Amending Scheme of 1960

8. The retired pay payable to an officer under Article 19 of the Defence Forces (Pensions) (Amendment) Scheme, 1960 ( S.I. No. 135 of 1960 ), as amended by Article 9 of the Amending Scheme of 1964, shall be increased--

(a) by five per cent with effect from the 1st day of October, 1964,

(b) with effect from the 1st day of August, 1965, to an amount equal to the retired pay payable to him under the Principal Scheme on the 30th day of September, 1964, increased by fourteen and one-half per cent,

(d) by an additional five per cent with effect from the 1st day of August, 1968.

Increase of pensions under Article 19 of Principal Scheme

9. Every pension payable under Article 19 of the Principal Scheme shall be increased--

(a) by five per cent with effect from the 1st day of October, 1964,

(b) by an additional nine per cent with effect from the 1st day of August, 1965,

(d) by an additional five per cent with effect from the 1st day of August, 1968.

Increase of pensions of certain deceased officers' widows

10.Article 20 (1) of the Principal Scheme shall have effect as if for the Table thereto (inserted by Article 11 of the Amending Scheme of 1964) there were substituted the following Table:

TABLE

Rank	Amount of Pension per annum
With effect from 1st October, 1964.			With effect from 1st August, 1865.			With effect from 1st August, 1967.			With effect from 1st August, 1968.
	£	s.	d.	£	s.	d.	£	s.	d.	£	s.	d.
Second Lieutenant or Lieutenant	116	10	0	127	0	0	142	0	0	149	0	0
Captain	143	0	0	156	0	0	174	10	0	183	0	0
Commandant	168	10	0	183	10	0	205	10	0	216	0	0
Major or Lieutenant-Colonel	191	10	0	208	10	0	233	10	0	245	0	0
Colonel	228	0	0	248	10	0	278	10	0	292	10	0
Major-General or higher rank	253	10	0	276	10	0	309	10	0	325	0	0

Increase of pensions of certain deceased officers' children

11. A pension payable under Article 20 (2) of the Principal Scheme to a child of a deceased officer shall be increased as follows--

(a) while the child's mother is living--

(i) to £39 per annum with effect from the 1st day of October, 1964,

(ii) to £42 10s. per annum with effect from the 1st day of August, 1965,

(iii) to £47 10s per annum with effect from the 1st day of August, 1967, and

(iv) to £50 per annum with effect from the 1st day of August, 1968;

(b) after the death of the child's mother--

(i) to £57 per annum with effect from the 1st day of October, 1964,

(ii) to £62 10s. per annum with effect from the 1st day of August, 1965,

(iii) to £70 per annum with effect from the 1st day of August, 1967, and

(iv) to £73 10s. per annum with effect from the 1st day of August, 1968.

Increase of pensions under Article 26A or 27A of Principal Scheme

12. (1) The pension (including married pension) payable under Article 26A (inserted by Article 22 of the Amending Scheme of 1947 and amended by Article 13 of the Amending Scheme of 1964) or Article 27A (inserted by Article 24 of the Amending Scheme of 1947 and amended by Article 13 of the Amending Scheme of 1964) of the Principal Scheme to a soldier discharged before the 1st day of January, 1964, shall be increased as follows--

(a) where he was discharged before the 1st day of February, 1961--

(i) by five per cent with effect from the 1st day of October, 1964,

(ii) with effect from the 1st day of August, 1965, to an amount equal to the pension payable to him under the Principal Scheme on the 30th day of September, 1964, increased by fourteen and one-half per cent,

(iii) by an additional twelve per cent with effect from the 1st day of August, 1967, and

(iv) by an additional five per cent with effect from the 1st day of August, 1968;

(b) where he was discharged on or after the 1st day of February, 1961 and before the 1st day of November, 1961--

(i) by five per cent with effect from the 1st day of October, 1964,

(ii) with effect from the 1st day of August, 1965, to an amount equal to the pension payable to him under the Principal Scheme on the 30th day of September, 1964, increased by nine per cent,

(iii) by an additional twelve per cent with effect from the 1st day of August, 1967, and

(iv) by an additional five per cent with effect from the 1st day of August, 1968;

(i) by nine per cent with effect from the 1st day of August, 1965,

(ii) by an additional twelve per cent with effect from the 1st day of August, 1967, and

(iii) by an additional five per cent with effect from the 1st day of August, 1968.

(2) (a) A soldier who was discharged on or after the 1st day of January, 1964 and before the 1st day of February, 1964, and who is in receipt of a pension (including married pension) under Article 26A of the Principal Scheme, may be granted, in lieu thereof, a pension of an amount equal to the pension which would be payable to him under the Principal Scheme, if the date of his discharge had been the 1st day of November, 1961 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 22.08 per cent, if that is more favourable to him.

(b) This sub-article shall be deemed to have come into operation on the 1st day of August, 1967.

Further increase of pensions under Article 26A or 27A of Principal Scheme

13. (1) The pension (including married pension) payable under Article 26A of the Principal Scheme, as amended by Article 12 (2) of this Scheme, to a soldier discharged on or after the 1st day of January, 1964 and before the 1st day of February, 1964 shall be increased by five per cent.

(2) A soldier who was discharged on or after the 1st day of January, 1964 and before the 1st day of February, 1964, and who is in receipt of a pension (including married pension) under Article 26A of the Principal Scheme, which is not increased under Article 12 (2) of this Scheme with effect from the 1st day of August, 1967, may be granted, in lieu thereof, a pension of an amount equal to the pension which would be payable to him under the Principal Scheme if the date of his discharge had been the 1st day of November, 1961 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 28.184 per cent.

(3) A soldier who was discharged on or after the 1st day of February, 1964 and before the 1st day of June, 1966, and who is in receipt of a pension (including married pension) under Article 26A or Article 27A of the Principal Scheme, may be granted, in lieu thereof, a pension of an amount equal to the pension which would be payable to him under the Principal Scheme if the date of his discharge had been the 1st day of November, 1961 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 28.184 per cent, if that is more favourable to him, provided that such pension does not exceed the amount of pension which would be payable to a soldier of similar rank, service in that rank, total service and single or married status who was discharged on or after the 1st day of June, 1966.

(4) This Article shall be deemed to have come into operation on the 1st day of August, 1968.

Increase of pensions of certain members of Army Nursing Service

14. 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 earlier than the 2nd day of January, 1964, shall be increased as follows--

(a) Where the resignation or termination of services occurred before the 2nd day of April, 1961--

(i) by five per cent with effect from the 1st day of October, 1964,

(ii) with effect from the 1st day of August, 1965, to an amount equal to the pension payable to her under the Principal Scheme on the 30th day of September, 1964, increased by fourteen and one-half per cent,

(iii) by an additional twelve per cent with effect from the 1st day of August, 1967, and

(iv) by an additional five per cent with effect from the 1st day of August, 1968;

(b) where the resignation or termination of services occurred on or after the 2nd day of April, 1961--

(i) by nine per cent with effect from the 1st day of August, 1965,

(ii) by an additional twelve per cent with effect from the 1st day of August, 1967, and

(iii) by an additional five per cent with effect from the 1st day of August, 1968.

Increase of pensions of certain members of Chaplaincy Service

15. The pension payable under Part IV A (inserted by Article 12 of the Defence Forces (Pensions) (Amendment) Scheme, 1949 ( S.I. No. 209 of 1949 )) of the Principal Scheme to a member of the Chaplaincy Service whose services were terminated with effect from a date earlier than the 2nd day of January, 1964, shall be increased as follows--

(a) where the termination of services occurred before the 2nd day of February, 1961--

(i) by five per cent with effect from the 1st day of October, 1964,

(iii) by an additional twelve per cent with effect from the 1st day of August, 1967, and

(iv) by an additional five per cent with effect from the 1st day of August, 1968;

(b) where the termination of services occurred on or after the 2nd day of February, 1961 and before the 2nd day of November, 1961--

(i) by five per cent with effect from the 1st day of October, 1964,

(ii) with effect from the 1st day of August, 1965, to an amount equal to the pension payable to him under the Principal Scheme on the 30th day of September, 1964, increased by nine per cent,

(iii) by an additional twelve per cent with effect from the 1st day of August, 1967, and

(iv) by an additional five per cent with effect from the 1st day of August, 1968;

(i) by nine per cent with effect from the 1st day of August, 1965,

(ii) by an additional twelve per cent with effect from the 1st day of August, 1967, and

(iii) by an additional five per cent with effect from the 1st day of August, 1968.

Further amendment of Sixth Schedule to Principal Scheme

16. 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 before the 15th day of December, 1959 or who retired from the Garda Síochána before the 1st day of March, 1960, 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 15th day of December, 1959 (in the case of a person who retired from the Civil Service) or the 1st day of March, 1960 (in the case of a person who retired from the Garda Síochána) and his rank and service in that rank on whichever of these dates is appropriate were the same as those on the actual date of his retirement, increased by--

(a) five per cent with effect from the 1st day of October, 1964,

(b) fourteen and one-half per cent with effect from the 1st day of August, 1965,

(d) an additional five per cent with effect from the 1st day of August, 1968.

Amendment of Article 15 of Principal Scheme

17. For the purposes of Article 15 of the Principal Scheme, as amended by Article 18 of the Amending Scheme of 1964, " the appropriate maximum ", with effect during the period commencing on the 1st day of October, 1964 and ending on the 31st day of December, 1964, shall mean--

(a) in the case of an officer who retired or was retired on or after the 2nd day of November, 1961--the annual pay of which such officer was in receipt at the date of his retirement;

(b) in the case of an officer who retired or was retired before the 2nd day of November, 1961--

(A) in case the retirement took place before the 16th day of December, 1959--

(i) the annual pay of which such officer would have been in receipt if he had been serving in the forces on the 16th day of December, 1959 and his rank, service in that rank and single or married status were the same as those on the date of his actual retirement, and

(ii) five per cent of the annual retired pay which would have been payable to such officer if the date of his retirement had been the 16th day of December, 1959 and his rank, total service and single or married status were the same as those on the date of his actual retirement;

(B) in case the retirement took place on or after the 16th day of December, 1959--

(i) the annual pay of which such officer was in receipt at the date of his retirement, and

(ii) five per cent of the annual retired pay granted to him on retirement.

Amendment of Article 20 of Amending Scheme of 1953

18. Article 20 of the Defence Forces (Pensions) (Amendment) Scheme, 1953 ( S.I. No. 259 of 1953 ), is hereby amended by the substitution for " £242 " (inserted by Article 19 of the Amending Scheme of 1964) of--

(a) " £254 " with effect from the 1st day of October, 1964,

(b) " £277 " with effect from the 1st day of August, 1965,

(d) " £325 10s." with effect from the 1st day of August, 1968.

GIVEN under my Official Seal, this 10th day of November, 1969.

SÉAMUS MAC GIOBÚIN.

The Minister for Finance hereby consents to the foregoing Scheme.

GIVEN under the Official Seal of the Minister for Finance, this 10th day of November, 1969.

CHARLES J. HAUGHEY.

EXPLANATORY NOTE.

This statutory instrument provides for the Budgetary increases effective from 1st October, 1964, 1st August, 1965, 1st August, 1967 and 1st August, 1968 in the pensions of Army personnel (including members of the Nursing and Chaplaincy Services) payable under the Defence Forces (Pensions) Schemes, 1937 to 1969.

	[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Irish Statutory Instruments
You are here: BAILII >> Databases >> Irish Statutory Instruments >> Defence Forces (Pensions) (Amendment) (No. 4) Scheme, S.I. No. 215/1969 URL: http://www.bailii.org/ie/legis/num_reg/1969/0215.html

Irish Statutory Instruments

S.I. No. 215/1969 -- Defence Forces (Pensions) (Amendment) (No. 4) Scheme, 1969.