S.I. No. 114/1984:

DEFENCE FORCES (PENSIONS) (AMENDMENT) (NO. 4) SCHEME, 1984.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (NO. 4) 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. Provisions in relation to certain pensions of long-service soldiers.

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

S.I. No. 114 of 1984.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (NO. 4) 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. 4) 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 1947" means the Defence Forces (Pensions) (Amendment) Scheme, 1947 (S.R. & O., No. 81 of 1947).

5. (1) The Principal Scheme is hereby amended by the insertion of the following Article after Article 28A (inserted by Article 26 of the Amending Scheme of 1947)--

"28B. (1) The foregoing Articles of this Part of this Scheme shall apply to and in respect of a long-service soldier to whom this Article applies in like manner as they apply to and in respect of other long-service soldiers, subject however, in any case in which a pension could be granted to a long service soldier to whom this Article applies to the following modification, that is to say, that the weekly amount of such pension shall be increased by an amount equal to 3 per cent of such pension, in respect of each addition to pay, mentioned in sub-article (2) of this Article, of which he is in receipt at the date of his discharge.

(2) This Article applies to every long-service soldier who is, at the date of his discharge and had been for five years or more immediately preceding such discharge, in receipt of any of the following additions to pay,

( a ) Technician Pay, or

( b ) Flying Pay, or

( c ) 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

( d ) Fire Protection Pay, or

( e ) Naval Pay, or

( f ) Grooms Allowance (Equitation School), or

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

( h ) Irish Language Teaching Allowance (Military College).

(3) For the purposes of this Article a soldier shall be deemed to have been in receipt of any of the additions to pay, mentioned in sub-article (2) of this Article, immediately preceding his discharge, notwithstanding that such addition to pay was not issued to him during any period of leave granted to him immediately prior to his 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 January, 1983.

6. The pension payable under Article 26A of the Principal Scheme (inserted by Article 22 of the Amending Scheme of 1947) (as amended by Article 7 of the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1983 ( S.I. No. 214 of 1983 )) or Article 27A of the Principal Scheme (inserted by Article 24 of the said Amending Scheme of 1947) to a solider, to whom Article 28B of the Principal Scheme (inserted by Article 5 of this Scheme) would have applied, if the said Article 28B had been in force before the 1st day of January, 1983, shall, with with effect from the 1st day of January, 1983, be increased in accordance with the provisions of the said Article 28B.

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

PATRICK COONEY

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 3rd day of May, 1984.

JOHN BOLAND

EXPLANATORY NOTE.

This Statutory Instrument provides a 3 per cent addition to pensions, for non-commissioned officers and privates who were in receipt of certain additions to pay for five years immediately prior to date of discharge from the Defence Forces.