I, PÁDRAIG S. Ó DONNAGÁIN, 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), as adapted by the Public Service (Transfer of Departmental Administration and Ministerial Functions) Order, 1973 ( S.I. No. 294 of 1973 ), hereby, with the consent of the Minister for the Public Service, make the following Scheme :

Short title, collective citation and construction.

1. (1) This Scheme may be cited as the Defence Forces (Pensions) (Amendment) (No. 4) Scheme, 1975.

(2) The collective citation, the Defence Forces (Pensions) Schemes, 1937 to 1975, shall include this Scheme.

(3) The Defence Forces (Pensions) Schemes, 1937 to 1975, shall be construed together as one Scheme.

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);

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

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

"the No. 3 Amending Scheme of 1973" means the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1973 ( S.I. No. 295 of 1973 );

"the No. 2 Amending Scheme of 1974" means the Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1974 ( S.I. No. 223 of 1974 );

"the Amending Scheme of 1975" means the Defence Forces (Pensions) (Amendment) Scheme, 1975 ( S.I. No. 145 of 1975 );

"the No. 3 Amending Scheme of 1975" means the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1975 ( S.I. No. 172 of 1975 ).

Increase of retired pay of officers retiring on or after 2nd September, 1975.

5. (1) Where retired pay is granted under Article 5, 6, 7, 8, 9, 10 or 10A of the Principal Scheme to an officer who retires or is retired on or after the 2nd day of September, 1975, such pay (as increased by Article 8 of the No. 3 Amending Scheme of 1975) shall be increased by the appropriate percentage indicated in the Table to this Article opposite the mention of such officer's retiring rank.

(2) This Article shall be deemed to have come into operation on the 2nd day of September, 1975.

TABLE

Retiring rank by reference to which retired pay was calculated	Married and Single Officers
Lieutenant-General	5%
Major-General	5%
Colonel	5%
Lieutenant-Colonel	5%
Commandant	5%
Captain	5%
Lieutenant	5%

Increase of gratuities of married officers retiring on or after 2nd September, 1975.

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 September, 1975, such gratuity (as increased by Article 12 of the No. 3 Amending Scheme of 1975) shall be further 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 said 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) This Article shall be deemed to have come into operation on the 2nd day of September, 1975.

TABLE

Retiring Rank	Percentage
Lieutenant-General	5%
Major-General	5%
Colonel	5%
Lieutenant-Colonel	5%
Commandant	5%
Captain	5%
Lieutenant	5%

Amendment of Article 7 of No. 2 Amending Scheme of 1974.

7. The No. 2 Amending Scheme of 1974 is hereby amended by the substitution for Article 7 of the following Article--

"7. (1) Article 26A of the Principal Scheme (inserted by Article 22 of the Amending Scheme of 1947) (as amended by Article 14 of the No. 3 Amending Scheme of 1975) shall, in relation to a long-service soldier discharged on or after the 1st day of April, 1974, have effect as if --

( a ) the pension payable to him under sub-article (1) of that Article (as amended by Article 7 of the No. 3 Amending Scheme of 1973), in lieu of being payable at the rate specified in Table I to the said Article 7, were payable at the rate specified in Table I to this Article opposite the mention of his retiring rank,

( b ) the additional increase payable under sub-article (2) of that Article (as amended by Article 7 of the No. 3 Amending Scheme of 1973), in lieu of being payable at the rate specified in Table II to the said Article 7 were payable at the rate specified in Table II to this Article,

( c ) in the case of a soldier discharged on or after the 1st day of April, 1974, and before the 1st day of June, 1974, a married pension payable to him under sub-article (3) of that Article (as amended by Article 7 of the No. 3 Amending Scheme of 1973) in lieu of being payable at the rate of three pounds thirty-six new pence per week, were payable at the rate of £3.53,

( d ) in the case of a soldier discharged on or after the 1st day of June, 1974, such married pension, in lieu of being payable at the rate of three pounds thirty-six new pence per week, were payable at the rate of £3.90.

(2) In this Article and in Table I 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 April, 1974.

TABLE I

Retiring Rank	Rate per week of pension in respect of 21 years qualifying service
Discharged before 1st June, 1974	Discharged on or after 1st June, 1974.
Sergeant-Major	£14 37	£1574
Battalion Quartermaster-Sergeant	£1300	£1424
Company-Sergeant	£1179	£1303
Company Quartermaster-Sergeant	£1113	£1230
Sergeant	£1055	£1166
Corporal	£1005	£1110
Private	£879	£979

TABLE II

Date of Discharge	Weekly rate of additional increase in respect of each year of qualifying service in excess of 21 years but not exceeding 31 years
1. On or after 1st day of April, 1974 and before 1st day of June, 1974	£045
2. On or after 1st day of June, 1974	£050

Amendment of Article 11 of Amending Scheme of 1975.

8. The Amending Scheme of 1975 is hereby amended by the substitution for Article 11 of the following Article--

"11. (1) Article 26A of the Principal Scheme (inserted by Article 22 of the Amending Scheme of 1947) (as amended by Article 14 of the No. 3 Amending Scheme of 1975) shall, in relation to a long-service soldier discharged on or after the 1st day of December, 1974, have effect as if--

( a ) the pension payable to him under sub-article (1) of that Article (as amended by Article 7 of the No. 2 Amending Scheme of 1974) in lieu of being payable at the rate specified in Table I to the said Article 7, were payable at the rate specified in Table I to this Article opposite the mention of his retiring rank,

( b ) the additional increase payable under sub-article (2) of that Article (as amended by Article 7 of the No. 2 Amending Scheme of 1974) in lieu of being payable at the rate specified in Table II to the said Article 7 were payable at the rate specified in Table II to this Article,

( c ) in the case of a soldier discharged on or after the 1st day of December, 1974, and before the 1st day of March, 1975, a married pension payable to him under sub-article (3) of that Article (as amended by Article 7 of the No. 2 Amending Scheme of 1974) in lieu of being payable at the rate of three pounds ninety-nine new pence per week were payable at the rate of £4.17,

( d ) in the case of a soldier discharged on or after the 1st day of March, 1975, such married pension in lieu of being payable at the rate of four pounds thirty-nine new pence per week were payable at the rate of £4.59.

(2) In this Article and in Table I 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 December, 1974.

TABLE I

Retiring Rank	Rate per week of pension in respect of 21 years qualifying service
Discharged before 1st March, 1975	Discharged on or after 1st March, 1975
Sergeant-Major	£1684	£1852
Battalion Quartermaster-Sergeant	£1524	£1676
Company-Sergeant	£1394	£1533
Company Quartermaster-Sergeant	£1316	£1448
Sergeant	£1248	£1373
Corporal	£1188	£1307
Private	£1057	£1163

TABLE II

Date of Discharge	Weekly rate of additional increase in respect of each year of qualifying service in excess of 21 years but not exceeding 31 years
1. On or after the 1st day of December, 1974 and before the 1st day of March, 1975	£054
2. On or after the 1st day of March, 1975	£059

Amendment of Article 26A of the Principal Scheme.

9. The Principal Scheme shall be construed and have effect as if the following Article were substituted for 26A (inserted by Article 22 of the Amending Scheme of 1947) (as amended by Article 14 of the No. 3 Amending Scheme of 1975):

"26A. (1) Subject to the provisions of this Scheme there may be granted to any long-service soldier who is discharged on or after the 1st day of June, 1975, and before the 1st day of September, 1975, and whose qualifying service is 21 years or more, a pension at the rate per week specified in the second column of Table I to this Article opposite the mention, in the first column of the said Table, of his retiring rank.

(2) Where--

( a ) a soldier is permitted to extend his service in the Forces beyond 21 years service, and

( b ) such soldier's qualifying service is 22 years or more and

( c ) such soldier is granted a pension under sub-article (1)

Table I to this Article shall have effect as if the weekly sum set out in the second column of the said Table opposite the mention in the first column of the said Table, of his retiring rank were increased, in respect of each year of his qualifying service in excess of twenty-one years but not in excess of thirty-one years, by £0.05 plus an additional increase at the rate specified in Table II to this Article.

(3) The additional increase specified in Table II to this Article shall cease to be payable when a soldier reaches the age of 70 years or becomes otherwise entitled to a retirement pension under the Social Welfare Acts, 1952 to 1975, as amended.

(4) Notwithstanding anything contained in sub-article (3), the additional increase specified in Table II to this Article shall continue to be payable when a soldier reaches the age of 70 years, if, without his own default, he fails to qualify for a contributory old age pension under the Social Welfare Acts, 1952 to 1975, as amended.

(5) This Article shall be deemed to have come into operation on the 1st day of June, 1975.

TABLE I

Retiring Rank	Rate per week of pension in respect of 21 years qualifying service
Sergeant-Major	£2630
Battalion Quartermaster-Sergeant	£2430
Company-Sergeant	£2267
Company Quartermaster-Sergeant	£2170
Sergeant	£2070
Corporal	£1970
Private	£1798

TABLE II

Date of Discharge	Weekly rate of additional increase in respect of each year of qualifying service in excess of 21 years but not exceeding 31 years
On or after the 1st day of June, 1975	£067

Increase of pensions to long-service soldiers discharged on or after 1st September, 1975.

10. (1) In relation to a long-service soldier discharged on or after the 1st day of September, 1975, Tables I and II to this Article shall be substituted for Tables I and II to Article 9.

TABLE I

Retiring Rank	Rate per week of pension in respect of 21 years qualifying service
Sergeant-Major	£2762
Battalion Quartermaster-Sergeant	£2552
Company-Sergeant	£2380
Company Quartermaster-Sergeant	£2279
Sergeant	£2174
Corporal	£2069
Private	£1888

TABLE II

Date of Discharge	Weekly rate of additional increase in respect of each year of qualifying service in excess of 21 years but not exceeding 31 years
On or after the 1st day of September, 1975	£070

(2) This Article shall be deemed to have come into effect on the 1st day of September, 1975.

Amendment of Article 8 of No. 2 Amending Scheme of 1974.

11. The No. 2 Amending scheme of 1974 is hereby amended by the substitution for Article 8 of the following article--

"8. (1) Article 28A of the Principal Scheme (inserted by Article 26 of the Amending Scheme of 1947) (as amended by Article 8 of the No. 3 Amending Scheme of 1973) shall have effect as if the gratuity payable thereunder to a soldier in lieu of being calculated by reference to Table II to the said Article 8--

( a ) were, in the case of a soldier discharged or transferred to the Reserve on or after the 1st day of April, 1974 and before the 1st day of June, 1974, calculated by reference to Table I to this Article;

( b ) were, in the case of a soldier discharged or transferred to the Reserve on or after the 1st day of June, 1974, calculated by reference to Table II to this Article.

(2) This Article shall be deemed to have come into operation on the 1st day of April, 1974.

TABLE I

Reference Number	Retiring Rank	Rate for each year of qualifying service where the total qualifying service is less than 7 years	Rate for each year of qualifying service where the total qualifying service is not less than 7 years but is less than 13 years	Rate for each year of qualifying service where the total qualifying service is not less than 13 years but is less than 21 years
(1)	(2)	(3)	(4)	(5)
1.	Private	£1676	£3352	£5028
2.	Any rank being that of Corporal or Sergeant	£2050	£4100	£6150
3.	Any rank being that of Company Quartermaster- Sergeant, Company-Sergeant, Battalion Quartermaster- Sergeant or Sergeant-Major	£2436	£4872	£7308

TABLE II

Reference Number	Retiring Rank	Rate for each year of qualifying service where the total qualifying service is less than 7 years	Rate for each year of qualifying service where the total qualifying service is not less than 7 years but is less than 13 years	Rate for each year of qualifying service where the total qualifying service is not less than 13 years but is less than 21 years
(1)	(2)	(3)	(4)	(5)
1.	Private	£1867	£3734	£5601
2.	Any rank being that of Corporal or Sergeant	£2264	£4528	£6792
3.	Any rank being that of Company Quartermaster- Sergeant, Company-Sergeant, Battalion Quartermaster- Sergeant or Sergeant-Major	£2668	£5336	£8004

Amendment of Article 12 of the Amending Scheme of 1975.

12. The Amending Scheme of 1975 is hereby amended by the substitution for Article 12 of the following Article--

"12. (1) Article 28A of the Principal Scheme (inserted by Article 26 of the Amending Scheme of 1947) (as amended by Article 8 of the No. 2 Amending Scheme of 1974) shall have effect as if the gratuity payable thereunder to a soldier, in lieu of being calculated by reference to Table II to the said Article 8--

( a ) were, in the case of a soldier discharged or transferred to the Reserve on or after the 1st day of December 1974 and before the 1st day of March 1975, calculated by reference to Table I to this Article;

( b ) were, in the case of a soldier discharged or transferred to the Reserve on or after the 1st day of March 1975, calculated by reference to Table II to this Article.

(2) This Article shall be deemed to have come into operation on the 1st day of December 1974.

TABLE I

Reference Number	Retiring Rank	Rate for each year of qualifying service where the total qualifying service is less than 7 years	Rate for each year of qualifying service where the total qualifying service is not less than 7 years but is less than 13 years	Rate for each year of qualifying service where the total qualifying service is not less than 13 years but is less than 21 years
(1)	(2)	(3)	(4)	(5)
1.	Private	£2016	£4032	£6048
2.	Any rank being that of Corporal or Sergeant	£2422	£4844	£7266
3.	Any rank being that of Company Quartermaster- Sergeant, Company-Sergeant, Battalion Quartermaster- Sergeant or Sergeant-Major	£2855	£5710	£8565

TABLE II

Reference Number	Retiring Rank	Rate for each year of qualifying service where the total qualifying service is less than 7 years	Rate for each year of qualifying service where the total qualifying service is not less than 7 years but is less than 13 years	Rate for each year of qualifying service where the total qualifying service is not less than 13 years but is less than 21 years
(1)	(2)	(3)	(4)	(5)
1.	Private	£2218	£4436	£6654
2.	Any rank being that of Corporal or Sergeant	£2664	£5328	£7992
3.	Any rank being that of Company Quartermaster- Sergeant, Company-Sergeant, Battalion Quartermaster- Sergeant or Sergeant-Major	£3141	£6282	£94.23

Amendment of Article 16 of the No. 3 Amending Scheme of 1975.

13. The No. 3 Amending Scheme of 1975 is hereby amended by the substitution for Article 16 of the following Article--

"16. (1) Article 28A of the Principal Scheme (inserted by Article 26 of the Amending Scheme of 1947) (as amended by Article 12 of the Amending Scheme of 1975) shall have effect as if the gratuity payable thereunder to a soldier, in lieu of being calculated by reference to Table II to the said Article 12--

( a ) were, in the case of a soldier discharged or transferred to the Reserve on or after the 1st day of June 1975 and before the 1st day of September 1975, calculated by reference to Table I to this Article;

( b ) were, in the case of a soldier discharged or transferred to the Reserve on or after the 1st day of September 1975, calculated by reference to Table II to this Article.

(2) This Article shall be deemed to have come into operation on the 1st day of June 1975.

TABLE I

Reference Number	Retiring Rank	Rate for each year of qualifying service where the total qualifying service is less than 7 years	Rate for each year of qualifying service where the total qualifying service is not less than 7 years but is less than 13 years	Rate for each year of qualifying service where the total qualifying service is not less than 13 years but is less than 21 years
(1)	(2)	(3)	(4)	(5)
1.	Private	£2440	£4880	£7320
2.	Any rank being that of Corporal or Sergeant	£2984	£5968	£8952
3.	Any rank being that of Company Quartermaster- Sergeant, Company-Sergeant, Battalion Quartermaster- Sergeant or Sergeant-Major	£3581	£7162	£10743

TABLE II

Reference Number	Retiring Rank	Rate for each year of qualifying service where the total qualifying service is less than 7 years	Rate for each year of qualifying service where the total qualifying service is not less than 7 years but is less than 13 years	Rate for each year of qualifying service where the total qualifying service is not less than 13 years but is less than 21 years
(1)	(2)	(3)	(4)	(5)
1.	Private	£2562	£5124	£7686
2.	Any rank being that of Corporal or Sergeant	£3133	£6266	£9399
3.	Any rank being that of Company Quartermaster- Sergeant, Company-Sergeant, Battalion Quartermaster- Sergeant or Sergeant-Major	£3760	£7520	£11280

GIVEN under my Official Seal, this 18th day of December, 1975.

PADRAIG S. Ó DONNAGÁIN.

The Minister for the Public Service hereby consents to the foregoing Scheme.

GIVEN under the Official Seal of the Minister for the Public Service, this 18th day of December, 1975.

RICHIE RYAN.

EXPLANATORY NOTE.

This statutory instrument provides for increases in the amount of retirement benefits payable to officers of the Permanent Defence Force retiring on or after 2nd September 1975 and in the pensions or gratuities payable to soldiers discharged or transferred to the Reserve Defence Force on or after 1st April 1974.

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Irish Statutory Instruments

S.I. No. 309/1975 -- Defence Forces (Pensions) (Amendment) (No. 4) Scheme, 1975.