S.I. No. 337/1982:

DEFENCE FORCES (PENSIONS) (AMENDMENT) (NO. 4) SCHEME, 1982.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (NO. 4) SCHEME, 1982.

ARRANGEMENT OF ARTICLES.

Article

1. Short title, collective citation and construction.

2. Commencement.

3. Application of Interpretation Act, 1937.

4. Definitions.

5. Marriage gratuities for members of the Army Nursing Service.

6. Pensions for certain members of the Army Nursing Service.

7. Revocation of Article 32 (2) of the Principal Scheme.

S.I. No. 337 of 1982.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (NO. 4) SCHEME, 1982.

I, PATRICK POWER, 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:

1. (1) This Scheme may be cited as the Defence Forces (Pensions) (Amendment) (No. 4) Scheme, 1982.

(2) The collective citation, the Defence Forces (Pensions) Schemes, 1937 to 1982, shall include this Scheme.

(3) The Defence Forces (Pensions) Schemes, 1937 to 1982, 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).

5. (1) Where a member of the Army Nursing Service, whose qualifying service is less than five years, is serving on the date of the coming into operation of this Scheme and resigns--

( a ) within two months before the date of her marriage,

or

( b ) not later than the date of her marriage,

or

( c ) within two years after that date

there may be granted to such member a gratuity equal to one month's pay for each year of her qualifying service up to the date of resignation or marriage, whichever is the earlier.

(2) In this Article "pay" means--

( a ) in the case of resignation on or before the date of marriage, pensionable pay on the last day of reckonable service,

( b ) in the case of resignation within two years after the date of marriage, the up-rated equivalent, at the date of resignation, of the rate of pensionable pay which applied at the date of marriage; increments or changes in pay due to change of grade after the date of marriage shall not be taken into account in calculating up-rated pay.

(3) Where a member resigns from the Army Nursing Service before marriage such member must indicate her intention of marrying and, in the normal course, must marry within two months of the date of her resignation, to qualify for the grant of a gratuity under this Article.

(4) Where the marriage of a member does not take place within the time limit prescribed in sub-article (1) (a) of this Article, and the Minister is satisfied that there are exceptional circumstances in any such case, he may, notwithstanding the said sub-article (1) (a), grant a gratuity under this Article.

6. (1) Notwithstanding anything contained in Article 30 (1) (d) of the Principal Scheme, where a member, other than a member to whom the provisions of Article 12 of the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1970 ( S.I. No. 298 of 1970 .) apply, resigns from the Army Nursing Service, without a grant of pension, and is re-appointed to that Service, different periods of qualifying service may be aggregated for the purposes of pensionable service subject to such recovery of any gratuities paid in respect of the previous qualifying service together with interest (if any) at such rates as may be determined by the Minister from time to time with the consent of the Minister for the Public Service.

(2) This Article shall not apply as regards any period of service in the Army Nursing Service which is reckonable for superannuation purposes in any other organisation or service.

7. Article 32 (2) of the Principal Scheme is hereby revoked.

GIVEN under my Official Seal, this 22nd day November, 1982.

PATRICK POWER,

Minister for Defence.

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

GIVEN under the Official Seal of the Minister for the Public Service, this

22nd day of November, 1982.

GENE FITZGERALD.

EXPLANATORY NOTE.

This statutory instrument provides for amendments to the provisions of the Defence Forces (Pensions) Schemes relating to the Army Nursing Service.