S.I. No. 113/1984:

DEFENCE FORCES (PENSIONS) (AMENDMENT) (NO. 3) SCHEME, 1984.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (NO. 3) SCHEME, 1984.

ARRANGEMENT OF ARTICLES

Article

1. Short title, collective citation and construction.

2. Commencement.

3. Application of the Interpretation Act, 1937.

4. Definitions.

5. Amendment of Article 13 of the Principal Scheme.

6. Amendment of Article 34A of the Principal Scheme.

7. Amendment of Article 27 of the Principal Scheme.

8. Amendment of Article 10 of the No. 3 Amending Scheme of 1970.

9. Amendment of Article 6 of the No. 3 Amending Scheme of 1972.

10. Gratuities of certain officers in the Army Equitation School.

11. Retired pay and gratuities of certain Officers.

S.I. No. 113 of 1984.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (NO. 3) SCHEME, 1984.

I, PATRICK COONEY, 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. 3) Scheme, 1984.

(2) The collective citation, the Defence Forces (Pensions) Schemes, 1937 to 1984, shall include this Scheme.

(3) The Defence Forces (Pensions) Schemes, 1937 to 1984, 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 1940" means the Defence Forces (Pensions) (Amendment) Scheme, 1940 (S.R. & O., No. 299 of 1940);

"the No. 3 Amending Scheme of 1972" means the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1972 ( S.I. No. 306 of 1972 ).

5. (1) Sub-article (4) (inserted by Article 26 of the Defence Forces (Pensions) (Amendment) Scheme, 1960 ( S.I. No. 135 of 1960 )) of Article 13 of the Principal Scheme is hereby amended by the insertion in paragraph (a) after the word "Chemist" of ,or

"

,or

(vii) an Executive Branch Officer in the Naval Service, or

(viii) an Engineer Officer in the Naval Service, or

(ix) a Psychologist, or (x) a Military Analyst, or

(xi) an Accountant, Army Canteen Board;"

and the said paragraph, as so amended is set out in the Table to this Article.

(2) This Article shall be deemed to have come into operation on the 1st day of July, 1979.

TABLE.

( a ) an officer who is serving in an appointment for his particular qualifications and who is in receipt of a special rate of pay in excess of the regimental rate of pay for an officer of his rank and who is--

(i) a Medical Officer, or

(ii) a Dental Officer, or

(iii) a Legal Officer or an officer serving in the Legal Branch of the Office of the Adjutant General or as a Registrar to a Special Criminal Court (being, in each case, a barrister-at-law or a solicitor), or

(iv) an Engineer Officer (including an Aeronautical Engineer) a Signal Officer or an Ordnance Officer being--

(I) in each case, an officer who is required, as a condition of his appointment to be an officer, to hold a University Degree in Engineering or a University Degree in Architecture or to be a member of the Royal Institute of Architects of Ireland or to be a corporate member of the Institution of Civil Engineers of Ireland or of the Institution of Electrical Engineers (having been elected to corporate membership of either institution as a result of passing the examination prescribed and conducted by such Institution), or

(II) in the case of a Signal Officer or an Ordnance Officer, to hold a University Degree in Science, or

(v) a Veterinary Officer, or (vi) a Pharmaceutical Chemist, or

(vii) an Executive Branch Officer in the Naval Service, or

(viii) an Engineer Officer in the Naval Service, or

(ix) a Psychologist, or

(x) a Military Analyst, or

(xi) an Accountant, Army Canteen Board;

6. (1) Article 34A of the Principal Scheme (inserted by Article 12 of the Defence Forces (Pensions) (Amendment) Scheme, 1949 ( S.I. No. 209 of 1949 )) is hereby amended by the substitution in paragraph (b) of sub-article (1) of the words "unlimited in time" for the words "not exceeding thirty-one days in any one year" and the said paragraph (b), as so amended, is set out in the Table to this Article.

(2) This Article shall be deemed to have come into operation on the 1st day of July, 1982.

TABLE.

( b ) authorised leave of absence (unlimited in time) without pay shall not be treated as interrupting continuity of service;

7. (1) Article 27 of the Principal Scheme is hereby amended by--

( a ) the substitution for sub-article (4), as amended by Article 10 of the Amending Scheme of 1940, of the following sub-article--

"(4) In this Article the word "pay" in relation to a long service soldier means--

( a ) in the case of a soldier who had been in receipt of,

(i) Technician Pay, or

(ii) Flying Pay, or

(iii) Additional pay payable to a non-commissioned Officer holding the rank of Battalion Quartermaster-Sergeant who is filling a vacancy in Establishments as Assistant Stores Controller, or

(iv) Fire Protection Pay, or

(v) Naval Pay, or

(vi) Grooms Allowance (Equitation School), or

(vii) Band Instructors Allowance (Army School of Music), or

(viii) Irish Language Teaching Allowance (Military College),

for five years or more immediately preceding his discharge the pay appropriate to his retiring rank at that date together with any of the pay or allowances listed in this paragraph, or

( b ) in the case of any other soldier, the pay appropriate to his retiring rank at the date of his discharge."

( b ) the substitution for sub-article (5) (inserted by Article 10 of the Amending Scheme of 1940) of the following sub-article--

"(5) For the purpose of this Article a soldier shall be deemed to have been in receipt of any of the pay or allowances, mentioned in paragraph (a) of sub-article (4) of this Article, immediately preceding his discharge, notwithstanding that such pay or allowance was not issued to him during any period of leave granted to him immediately prior to such discharge, if he was in receipt of such pay or allowance immediately before such period of leave."

(2) This Article shall be deemed to have come into operation on the 1st day of July, 1979.

8. (1) Article 10 of the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1970 ( S.I. No. 298 of 1970 ), is hereby amended by the substitution for sub-article (1A) (inserted by Article 12 (1) of the No. 3 Amending Scheme of 1972) of the following sub-article--

"(1A) In this Article 'pay' in relation to a long service soldier has the meaning assigned to it in sub-article (4) of Article 27 of the Principal Scheme (as inserted by Article 7 of this Scheme)."

(2) This Article shall be deemed to have come into operation of the 1st day of July, 1979,

9. (1) Article 6 of the No. 3 Amending Scheme of 1972 is hereby amended by the substitution for sub-article (2) of the following sub-article--

"(2) For the purpose of sub-article (1) of this Article, the pay of a soldier at the date of his death shall be either--

( a ) his actual pay at that date, or

( b ) if he was at that date in receipt of,

(i) Technician Pay, or

(ii) Flying Pay, or

(iii) Additional Pay payable to a non-commissioned officer holding the rank of Battalion Quartermaster-Sergeant who is filling a vacancy in Establishments as Assistant Stores Controller, or

(iv) Fire Protection Pay, or

(v) Naval Pay, or

(vi) Grooms Allowance (Equitation School), or

(vii) Band Instructors Allowance (Army School of Music), or

(viii) Irish Language Teaching Allowance (Military College),

his actual pay at that date together with any of the pay or allowances listed in this paragraph."

(2) This Article shall be deemed to have come into operation on the 1st day of July, 1979.

10. (1) The Principal Scheme shall be construed and have effect as if there were inserted after Article 12C the following new Article--

"12D (1) Where a person, appointed as a Riding Officer in the Army Equitation School for a period of three years, retires on expiration of that period without being appointed to be an officer without limitation as to time, there may be granted to such officer a gratuity of an amount equal to twenty days of his daily pay at the date of his retirement for each year of pensionable service.

(2) For the purpose of this Article the pay of an officer at the date of his retirement shall be calculated by reference to the maximum rate of pay appropriate to the rank of Second Lieutenant at that date."

(2) This Article shall be deemed to have come into operation on the 1st day of July, 1983.

11. (1) Where an officer who was appointed Adjutant-General on the 16th day of March, 1980--

( a ) was granted special leave without pay and allowances to take up an appointment as Force Commander of the United Nations Force in Lebanon, and

( b ) did not qualify for any superannuation benefits from the United Nations Organisation other than a refund of his own superannuation contributions to that Organisation, and

( c ) retires from the Permanent Defence Force in the rank of Lieutenant-General--

(i) on attaining the age of 63 years, or

(ii) with effect from the day after the date on which he ceases to hold his appointment as Force Commander of the United Nations Force in Lebanon,

whichever is the earlier,

the yearly rate of his retired pay shall be the rate appropriate to the rank of Major-General, increased by twenty per cent.

(2) For the purpose of the calculation of the gratuity payable on his retirement to an officer to whom sub-article (1) of this Article applies, his pay at the date of his retirement shall be calculated by reference to the annual rate of pay appropriate to the rank of Lieutenant General (Chief of Staff) at that date.

GIVEN under my Official Seal, this 3rd day of May, 1984.

PATRICK COONEY

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 3rd day of May, 1984.

JOHN BOLAND

EXPLANATORY NOTE.

This Statutory Instrument provides for the extension of the definition of a special service officer, the aggregation of service in the Chaplaincy Service in certain circumstances, the reckoning of certain allowances in the calculation of pay-related gratuities payable to soldiers and the grant of gratuities to Riding Officers. It also amends, in other respects, the Defence Forces (Pensions) Schemes, 1937 to 1984.