S.I. No. 379/1978:

DEFENCE FORCES (PENSIONS) (AMENDMENT) (NO. 3) SCHEME, 1978.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (NO. 3) SCHEME, 1978.

ARRANGEMENT OF ARTICLES.

Article

1. Short title, collective citation and construction.

2. Commencement.

3. Application of the Interpretation Act, 1937.

4. Definitions.

5. Increase of retired pay of officers before 2nd day of March, 1978. 1978.

6. Increase of retired pay under Article 19 of the Amending Scheme of 1960.

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

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

9. Increase of pensions under Article 26A or 27A of the Principal Scheme.

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

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

12. Amendment of Article 20(1) of the Amending Scheme of 1953.

13. Provision regarding abatement of pensions of soldiers in certain cases.

14. Amendment of Article 15 of the Amending Scheme of 1978.

I, ROBERT MOLLOY, 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 ), and the Public Service (Delegation of Ministerial Functions) Order, 1978 ( S.I. No. 117 of 1978 ), hereby, with the consent of the Minister of State at the Department of Public Service, make the following Scheme:

1. (1) This Scheme may be cited as the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1978.

(2) The collective citation, the Defence Forces (Pensions) Schemes, 1937 to 1978, shall include this Scheme.

(3) The Defence Forces (Pensions) Schemes, 1937 to 1978. shall be construed together as one Scheme.

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

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);

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

"the No. 2 Amending Scheme of 1977" means the Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1977 ( S.I. No. 283 of 1977 ).

5. The retired pay payable under Articles 5, 6, 7, 8, 9A, 10 or 10A of the Principal Scheme (including retired pay increased under Article 13(1) (a) of the Principal Scheme) to an officer who retired or was retired before the 2nd day of March, 1978, shall, with effect from the 1st day of July, 1978, be the amount which would be payable to him if the date of his retirement had been the 2nd day of March, 1978, and his appointment, rank, service in that rank, and total service were the same as those on the date of his actual retirement.

6. The retired pay payable under Article 19 of the Defence Forces (Pensions) (Amendment) Scheme, 1960 ( S.I. No. 135 of 1960 ) to an officer shall, with effect from the 1st day of July, 1978, be the amount which would be payable to him if the date of his retirement had been the 2nd day of March, 1978, and his rank, service in that rank, and total service were the same as those on the date of his actual retirement.

7. (1) Article 20 (1) of the Principal Scheme shall, have effect as if for the Table thereto (inserted by Article 10 of the No. 2 Amending Scheme of 1977) there were substituted the following Table:

TABLE

"

(2) For purposes of Article 20 (1) of the Principal Scheme, as amended by this Article, a deceased officer's retired pay means--

( a ) in case the officer died while in receipt of retired pay, the retired pay which would be payable to him if the date of his retirement had been the 2nd day of July, 1978, and his appointment, rank, service in that rank and total service were the same as those on the date of his actual retirement,

( b ) in case the officer died before qualifying for retired pay, his accrued retired pay which will be calculated by crediting him with the amount of pensionable service including service in his rank which he would have had if he had served to the retiring age prescribed for his rank, or the age of 65 in the case of a person of higher rank than Major-General, and which will be based on the appropriate rate of retired pay in force on the 1st day of July, 1978, for an officer of his rank and service.

(3) Notwithstanding anything contained in Article 20 (1) of the Principal Scheme, where an officer--

( a ) died while serving prior to the 23rd day of July, 1968, with five years' pensionable service or more, or

( b ) retired prior to the 23rd day of July, 1968, and dies while in receipt of retired pay,

there may be paid to the widow of such deceased officer--

(i) the appropriate amount in the Table to the said Article 20 (1) (inserted by this Article), or

(ii) an amount equal to two-thirds of the pension which would be payable to her if her deceased husband had been a member of the Contributory Scheme administered by the Minister for the widows and children of officers of the Permanent Defence Forces and the date of his death or retirement had been the 2nd day of July, 1978, whichever is the greater.

(4) This Article shall be deemed to have come into effect on the 1st day of July, 1978.

8. (1) Every 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--to £206.04 a year

( b ) after the death of the child's mother--to £302.64 a year.

(2) Notwithstanding anything contained in Article 20 (2) of the Principal Scheme, where an officer--

( a ) died while serving prior to the 23rd day of July, 1968, with five years' pensionable service or more, or

( b ) retired prior to the 23rd day of July, 1968, and dies while in receipt of retired pay,

there may be paid to the child of such deceased officer--

(i) the appropriate amount under sub-article (1) of this Article, or

(ii) an amount equal to two-thirds of the pension which would be payable to the child if the deceased officer had been a member of the Contributory Scheme administered by the Minister for the widows and children of officers of the Permanent Defence Force and the date of his death or retirement had been the 2nd day of July, 1978,

whichever is the greater.

(3) This article shall be deemed to have come into effect on the 1st day of July, 1978.

9. The pension payable under Article 26A of the Principal Scheme (inserted by Article 22 of the Amending Scheme of 1947) or Article 27A of the Principal Scheme (inserted by Article 24 of the said amending Scheme of 1947) to a soldier discharged before the 1st day of March, 1978, shall, with effect from the 1st day of July, 1978, be the amount which would be payable to him if the date of his discharge had been the 1st day of March, 1978, and his rank, service in that rank and total service were the same as those on the date of his actual discharge.

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 2nd day of March, 1978, shall, with effect from the 1st day of July, 1978, be the amount which would be payable to her if the effective date of her resignation or of the termination of her services had been the 2nd day of March, 1978, 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.

11. The pension payable under Part IV A 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 2nd day of March, 1978, shall, with effect from the 1st day of July, 1978, be the amount which would be payable to him if the effective date of the termination of his services had been the 2nd day of March, 1978, 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.

12. Article 20 (1) of the Defence Forces (Pensions) (Amendment) Scheme, 1953 ( S.I. No. 259 of 1953 ), shall, with effect from the 1st day of July, 1978, have effect as if for the Table thereto (inserted by Article 21 of the No. 2 Amending Scheme of 1977) there were substituted the following Table:--

TABLE

"Notwithstanding anything to the contrary in Article 38 of the Principal Scheme, no reduction of service pension shall be made under that Article so as to reduce the total of the service pension and the disablement pension to less than the greater of the following amounts:--

( a ) the sum of £1,392 a year,

( b ) the sum of the greater of such pensions and one half the lesser."

13. The reference in Article 38 (1) (b) of the Principal Scheme to a pension under Part III of that Scheme, shall, in relation to a soldier discharged before the date of the coming into operation of Article 15 of the Defence Forces (Pensions)(Amendment) Scheme, 1956 ( S.I. No. 35 of 1956 ), be deemed to exclude £7.08 a week with effect from the 1st day of July, 1978.

14. Article 15 (2) of the Defence Forces (Pensions) (Amendment) Scheme, 1978 ( S.I. No. 246 of 1978 ), is hereby amended, with effect from the 1st day of July, 1978, by the substitution of "£1,392" for "£1,236" and the said Article 15 (2), as so amended, is set out in the Table to this Article.

TABLE

15 (2) Where the widow of an officer--

( a ) is granted a service pension, and

( b ) is also in receipt of an allowance,

there may be paid to such widow--

(i) the sum of the greater benefit plus one half of the lesser benefit, or, if greater

(ii) £1,392 a year,

provided that the total amount payable does not exceed one third of the officer's pensionable pay.

(3) For purposes of Article 15 (2) of the Amending Scheme of 1978, as amended by this Article, "pensionable pay"--

( a ) shall include any additional pay in respect of professional or technical qualifications which is reckonable for gratuity under Article 5 of the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1972 ( S.I. No. 306 of 1972 ),

( b ) in the case of an officer who died in service before the 2nd day of July, 1978, or who retired or was retired before the 2nd day of July, 1978 shall be taken as the pay which would be payable to him if he had been serving on the 2nd day of July, 1978, and

( c ) in any other case, the actual pay payable at date of death or retirement, as the case may be.

GIVEN under my Official Seal, this 28th day of December, 1978.

ROBERT MOLLOY.

The Minister of State at the Department of the Public Service hereby consents to the foregoing Scheme.

GIVEN under my hand and to which the Official Seal of the Minister

for the Public Service is attached, this 28th day of December, 1978.

RAY MAC SHARRY.

EXPLANATORY NOTE.

This Statutory Instrument provides for the Budgetary increases effective from 1st July, 1978 in the pensions of Army personnel (including members of the Nursing and Chaplaincy Services) payable under the Defence Forces (Pensions) Schemes, 1937 to 1978.