S.I. No. 307/1985:

DEFENCE FORCES (PENSIONS) (AMENDMENT)(NO. 5) SCHEME, 1985.

DEFENCE FORCES (PENSIONS) (AMENDMENT)(NO. 5) SCHEME, 1985.

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 retiring on or after 2nd day of July, 1985.

6. Increase of gratuities of officers retiring on or after 2nd day of July, 1985.

7. Amendment of Article 26A of the Principal Scheme.

8. Amendment of Article 28A of the Principal Scheme.

9. Increase of gratuity on retirement of certain officers.

10. Increase of gratuity on discharge of certain long service soldiers.

S.I. No. 307 of 1985.

DEFENCE FORCES (PENSIONS) (AMENDMENT)(NO. 5) SCHEME, 1985.

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. 5) Scheme, 1985.

(2) The collective citation, the Defence Forces (Pensions) Schemes, 1937 to 1985, shall include this scheme.

(3) The Defence Forces (Pensions) scheme, 1937 to 1985, 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. 3 Amending Scheme of 1970" means the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1970 ( S.I. No. 298 of 1970 );

"the No. 2 Amending Scheme of 1985" means the Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1985 ( S.I. No. 221 of 1985 ).

5. (1) Where retired pay is granted under Article 5, 6, 7, 8, 9, 9A, 10 or 10A of the Principal Scheme to an officer who retires or is retired on or after the 2nd day of July, 1985, such pay (as increased by Article 5 of the No. 2 Amending Scheme of 1985) shall be further 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 July, 1985.

TABLE

6. (1) Where a gratuity is payable under Article 11 of the Principal Scheme (inserted by Article 9 of the Amending 2nd Scheme of 1947) to an officer who retires or is retired on or after the 2nd day of July, 1985, such gratuity (as increased by Article 6 of the No. 2 Amending Scheme of 1985) 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 Defence Forces (Pensions) (Amendment) Scheme, 1957 ( S.I. No. 152 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 July, 1985.

TABLE

7. (1) The Principal Scheme shall be construed and have effect as if the following Article were substitued for Article 26A (inserted by Article 22 of the Amending Scheme of 1947) (as amended by Article 7 of the No. 2 Amending Scheme of 1985);

"26A. (1) Subject to the privisions of this Scheme, there may be granted to any long-service soldier who is discharged on or after the 1st day of July, 1985, and whose qualifying service is 21 years or more, a pension at the rate per week specified in Table 1 to this Article opposite the mention 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 soldire's qualifying service is 22 years or more and

( c ) such soldier is granted a pension under sub-article (1) of this Article,

Table 1 to this Article shall have effect as if the weekly sum set out in the appropriate column of the said Table opposite the mention 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 31 years, by £0.05 plus an additional increase at the rate specified in Table II to this Article.

(3) In the case of a soldier who is discharged before the 1st day of August, 1978, the additional increase specified in Table II of this Article shall cease to be payable when he reaches the age of 70 years or becomes otherwise entitled to a retirement pension under the Social Welfare Acts.

(4) Notwithstanding anything contained in sub-article (3) of this Article, 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.

(5) In the case of a soldier who is discharged on or after the 1st day of August, 1978, the additional increase specified in Table II to this Article shall cease to be payable when he reaches the age prescribed for a contributory old age pension or becomes otherwise entitled to a retirement pension under the Social Welfare Acts.

(6) Notwithstanding anything contained in sub-article (5) of this Article, the additional increase specified in Table II to this Article shall continue to be payable when a soldier reaches the age prescribed for a contributory old age pension, if, without his own default, he fails to qualify for a contributory old age pension under the Social Welfare Acts.

(7) In this Article and in Table I hereto "retiring rank" has the meaning assigned to it in Article 25 of the Principle Scheme.

TABLE II

"

(2) This article shall be deemed to have come into operation on the 1st day of July, 1985.

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. 2 Amending Scheme of 1985) shall have effect as if the gratuity payable thereunder to a soldier, in lieu of being calculated by reference to the Table to the said Article 8, were calculated by reference to the Table to this Article.

(2) This Article shall be deemed to have come into operation on the 1st day of July, 1985.

9. (1) The additional gratuity payable, under Article 6 of the No. 3 Amending Scheme of 1970, as amended to an officer, to whom sub-article (1) (a) of the said Article 6 applies, who retired within 122 days before the 1st day of July, 1985, shall, if he was alive on that date, be increased to an amount equal to the amount which would be payable to him if the date of his retirement had been the 2nd day of July, 1985, and his appointment, rank, service in that rank and total service were the same as those on the date of his actual retirement.

(2) This Article shall be deemed to have come into operation on the 1st day of July, 1985.

10. (1) The gratuity payable, under Article 10 of the No. 3 Amending Scheme of 1970, as amended, or under Article 12 of the Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1975 ( S.I. No. 171 of 1975 ), to a long service soldier, who was discharged within 122 days before the 1st day of July, 1985, on reaching the age limit prescribed in Defence Force Regulations, shall, if he was alive on that date, be increased to an amount equal to the amount which would be payable to him if the date of his discharge had been the 1st day of July, 1985, and his rank service in that rank and total service were the same as those on the date of his actual discharge.

(2) This Article shall be deemed to have come into operation on the 1st day of July, 1985.

GIVEN under my Official Seal, this 12th day of September, 1985.

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 12th day of September, 1985.

JOHN BOLAND.

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 July, 1985 and in the pensions and gratuities payable to soldiers discharged or transferred to the Reserve Defence Force on or after 1st July, 1985. It also provides for the increase of gratuities granted to officers who retired and soldiers who were discharged on age grounds within 122 days before 1st July, 1985.