S.I. No. 152/1957:

DEFENCE FORCES (PENSIONS) (AMENDMENT) SCHEME, 1957.

DEFENCE FORCES (PENSIONS) (AMENDMENT) SCHEME, 1957.

ARRANGEMENT OF ARTICLES.

Article.

1. Short title and commencement.

2. Application of Interpretation Act, 1937.

3. Interpretation, construction and collective citation.

4. The appropriate sum.

5. Increase of retired pay of officers retiring before 2nd November, 1952, whose retired pay and disablement pension (if any) does not exceed £450.

6. Increase of retired pay of officers retiring before 2nd November, 1952, whose retired pay and disablement pension (if any) exceeds £450.

7. Restriction of application of Article 7 of the Principal Scheme.

8. Amendment of Article 12B of the Principal Scheme.

9. Retired pay of certain officers retiring with twelve and less than twenty years service.

10. Increase of pensions under Article 19 of the Principal Scheme.

11. Amendment of Article 20 of the Principal Scheme.

12. Further amendment of Article 20 of the Principal Scheme.

13. Increase of pensions under Articles 26A and 27A of the Principal Scheme.

14. Increase of pensions to members of Army Nursing Service resigning, etc., before 2nd November, 1952.

15. Increase of pensions to members of Chaplaincy Service whose services were terminated before 2nd November, 1952.

16. Amendment of the Principal Scheme.

17. Amendment of First Schedule to the Principal Scheme.

18. Further amendment of First Schedule to the Principal Scheme.

19. Amendment of Fifth Schedule to the Principal Scheme.

20. Amendment of Sixth Schedule to the Principal Scheme.

21. Amendment of the Amending Scheme of 1953.

22. Commencement of Articles 5, 6, 10, 11, 13, 14, 15, 20 (1) and 21.

23. Miscellaneous amendments.

SCHEDULE.

MISCELLANEOUS AMENDMENTS.

S.I. No. 152 of 1957.

DEFENCE FORCES (PENSIONS) (AMENDMENT) SCHEME, 1957.

I, CAOIMHGHÍN Ó BEOLÁIN, 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), hereby, with the consent of the Minister for Finance, make the following Scheme :

1. (1) This Scheme may be cited as the Defence Forces (Pensions) (Amendment) Scheme, 1957.

(2) This Scheme shall come into operation immediately upon its being confirmed by resolution of each House of the Oireachtas.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Scheme.

3. (1) In this Scheme--

" the Principal Scheme " means the Defence Forces (Pensions) Scheme, 1937 ( S. R. & O. No. 249 of 1937 ), as amended by subsequent Schemes but not including this Scheme ;

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

" the Amending Scheme of 1953 " means the Defence Forces (Pensions) (Amendment) Scheme, 1953 ( S.I. No. 259 of 1953 ) ;

" retired pay " means retired pay under any provision of the Principal Scheme.

(2) The Defence Forces (Pensions) Schemes, 1937 to 1956, and this Scheme shall be construed together as one Scheme.

(3) The Defence Forces (Pensions) Schemes, 1937 to 1956, and this Scheme may be cited together as the Defence Forces (Pensions) Schemes, 1937 to 1957.

4. (1) For the purposes of this Scheme " the appropriate sum " means--

(a) where the amount of the retired pay or pension does not exceed £100 a year, fifteen per cent. of the amount of the retired pay or pension,

(b) where the amount of the retired pay or pension exceeds £100 a year but does not exceed £125 a year, £15 a year,

(c) where the amount of the retired pay or pension exceeds £125 a year but does not exceed £150 a year, twelve per cent. of the amount of the retired pay or pension,

(d) where the amount of the retired pay or pension exceeds £150 a year but does not exceed £200 a year, £18 a year,

(e) where the amount of the retired pay or pension exceeds £200 a year but does not exceed £300 a year, nine per cent. of the amount of the retired pay or pension,

(f) where the amount of the retired pay or pension exceeds £300 a year but does not exceed £450 a year, £27 a year.

(2) For the purposes of paragraph (1) of this Article, the amount of the retired pay and of a pension shall be, respectively, the amount of the retired pay in full and of the full pension (including, in the case of a person entitled to a married pension under Article 26A or Article 27A of the Principal Scheme, such married pension) whether the retired pay or pension is in course of payment in full, in part or not at all.

5. (1) This Article applies to an officer who retired or was retired before the 2nd day of November, 1952, and who was granted retired pay the amount of which taken alone or the net amount of which when aggregated with any disablement pension payable to him does not exceed £450 per annum.

(2) The retired pay of an officer to whom this Article applies shall, subject to paragraph (3) of this Article, be increased to whichever of the following amounts is the lesser--

(a) the amount of his retired pay, increased by the appropriate sum,

(b) the amount of the retired pay which would be payable to him if the date of his retirement was the 2nd day of November, 1952, and his rank, service in that rank, total service and single or married status were the same as those on the date of his actual retirement.

(3) Where--

(a) an officer to whom this Article applies is in receipt of retired pay, and

(b) he is also in receipt of a disablement pension, and

(c) the aggregate amount of--

(i) the net amount of his retired pay, and

(ii) the amount of the disablement pension,

is £450 or less per annum but would, if his retired pay were increased under paragraph (2) of this Article, exceed £477 per annum, then, his retired pay shall be increased under the said paragraph (2) only by such amount as will bring the aggregate of the net amount of his retired pay and of the amount of the disablement pension up to £477 per annum.

6. (1) This Article applies to an officer who retired or was retired before the 2nd day of November, 1952, and who was granted retired pay the amount of which taken alone or the net amount of which when aggregated with any disablement pension payable to him exceeds £450 per annum.

(2) The retired pay of an officer to whom this Article applies shall be increased to whichever of the following amounts is the lesser--

(a) the amount of his retired pay, increased by six per cent.,

(b) the amount of the retired pay which would be payable to him if the date of his retirement was the 2nd day of November, 1952, and his rank, service in that rank, total service and single or married status were the same as those on the date of his actual retirement.

7. Article 7 of the Principal Scheme (inserted by Article 6 of the Amending Scheme of 1947) shall not apply in the case of an officer to whom Article 12B (inserted by Article 12 of the Amending Scheme of 1947) of the Principal Scheme, as amended by Article 8 of this Scheme, relates and who is retired on the expiry of the period for which his appointment to temporary commissioned rank was intended to last.

8. (1) Sub-article (1) of Article 12B of the Principal Scheme is hereby amended--

(a) by the insertion immediately after paragraph (a) of--

" (aa) an officer of the forces who was serving in the Naval Service on or after the 28th day of February, 1957, was appointed to temporary commissioned rank in the forces before the commencement of the Defence Forces (Pensions) (Amendment) Scheme, 1957, and retires or is retired without being appointed to permanent commissioned rank in the forces or to be an officer without limitation as to time, as the case may be, or " ;

(b) by the substitution in paragraph (vi) of " £65 " for " £55 " ; and

(c) by the insertion after paragraph (vi) of--

" (vii) in respect of the period (if any) of such service during which he held the rank of commander and was a married man, at the rate of £75 per annum, and

(viii) in respect of the period (if any) of such service during which he held the rank of ensign and was a married man, at the rate of £40 per annum."

(2) No gratuity shall be payable under the said Article 12B of the Principal Scheme, as amended by this Article, to an officer to whom an award is made under any other provision of the Principal Scheme, as amended by this Scheme.

(3) Paragraph (1) of this Article shall be deemed to have come into operation on the 28th day of February, 1957.

9. The Principal Scheme shall be construed and have effect as if there were inserted, after Article 10, the following new Article :

" 10A. Where an officer to whom Article 12B of this Scheme as amended by Article 8 of the Defence Forces (Pensions) (Amendment) Scheme, 1957, relates whose pensionable service is twelve years or more and less than twenty years is retired on the expiry of the period for which his appointment to temporary commissioned rank was intended to last or is required to retire on the grounds of age, there may, subject to the provisions of the Defence Forces (Pensions) Schemes, 1937 to 1957, be granted to such officer retired pay of an amount computed in accordance with the rules contained in the Fourth Schedule hereto ".

10. Every pension payable under Article 19 of the Principal Scheme shall be increased by the appropriate sum.

11. Sub-article (1) of Article 20 of the Principal Scheme shall have effect as if for the Table thereto there were substituted the following :

" TABLE TO ARTICLE 20 (1)

"

12. (1) Article 20 of the Principal Scheme is hereby amended by the substitution for paragraph (b) of sub-article (6) of the following :

" (b) who retired on the grounds of age or who was compulsorily retired for causes other than misconduct or inefficiency or who was retired on the grounds of permanent infirmity of mind or body, and ".

(2) Sub-article (1) of Article 9 of the Defence Forces (Pensions) (Amendment) Scheme, 1940 ( S. R. & O. No. 299 of 1940 ), is hereby revoked.

(3) This Article shall be deemed to have come into operation on the commencement of the Defence Forces (Pensions) Scheme, 1937 ( S. R. & O. No. 249 of 1937 ).

13. A pension payable under Article 26A or Article 27A of the Principal Scheme (inserted, respectively, by Article 22 and Article 24 of the Amending Scheme of 1947) to a soldier discharged from the Forces before the 1st day of November, 1952, shall be increased to whichever of the following amounts is the lesser--

(a) the amount of the pension payable to him under the said Article 26A or the said Article 27A, as the case may be, increased by the appropriate sum,

(b) the amount which would be payable to him under those Articles if the date of his discharge was the 1st day of November, 1952, and his rank, service in that rank, total service and single or married status were the same as those on the date of his actual discharge.

14. A 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 November, 1952, shall be increased to whichever of the following amounts is the lesser--

(a) the amount of the pension payable to her under the said Part IV, increased by the appropriate sum,

(b) the amount which would be payable to her under the said Part IV if the date of her resignation or of the termination of her services was the 2nd day of November, 1952, and her retiring grade, service in that grade and total service were the same as those on the date of her actual resignation or of the actual termination of her services (as the case may be).

15. A pension payable under Part IVA 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 November, 1952, shall be increased to whichever of the following is the lesser--

(a) the amount of the pension payable to him under the said Part IVA, increased by the appropriate sum,

(b) the amount which would be payable to him under the said Part IVA if the date of termination of his services was the 2nd day of November, 1952, and his grade of appointment, service in that grade and total service were the same as those on the date of the actual termination of his services.

16. The Principal Scheme is hereby amended by the substitution for Article 37 of the following Article--

" 37. Pensions shall be payable monthly in arrear, subject to such conditions as the Minister may direct.".

17. (1) The First Schedule to the Principal Scheme is hereby amended by the insertion after sub-rule (2) of Rule 1 of the following sub-rule :

" (2A) In the case of a person who, on the day immediately preceding the day of his being commissioned in the Forces, had continuous service comprising as follows :

(i) service (in one or more periods) in non-commissioned rank in the Forces, and

(ii) full-time service as an officer of the Reserve of Officers at any time during the period which commenced on the 3rd day of September, 1939, and ended on the 31st day of October, 1946,

such continuous service shall be deemed to be service in commissioned rank in the National Army."

(2) Where--

(a) an officer was, before the coming into operation of this Scheme, paid a short service gratuity under Article 12 of the Principal Scheme in respect of any period of pensionable service, and

(b) that period formed part of a total period of pensionable service in respect of which a grant of retired pay or a grant of retired pay and married officer's gratuity is, by virtue of paragraph (1) of this Article, payable to such officer under the Principal Scheme, the amount of the short service gratuity shall be recoverable from any payment accruing due on foot of such retired pay or such retired pay and married officer's gratuity.

(3) This Article shall be deemed to have come into operation on the 1st day of September, 1950.

18. (1) Sub-rule (d) of Rule 3 of the First Schedule to the Principal Scheme shall not apply in the case of the officers referred to in paragraph (a) and paragraph (b) of sub-article (1) of Article 12B of the Principal Scheme.

(2) The First Schedule to the Principal Scheme is hereby amended by the addition to Rule 3 of the following sub-rule :

" (i) in the case of the officers referred to in paragraph (a) and paragraph (b) of sub-article (1) of Article 12B of this Scheme, any period of service before the 1st day of November, 1946."

19. The Fifth Schedule to the Principal Scheme is hereby amended by the substitution for Rule 1 of the following Rule :

"1. In this Schedule ' retiring rank '--

(a) in relation to an officer (other than an officer to whom Article 6 of this Scheme applies) whose pensionable service is twenty years or more, has the same meaning as in the Second Schedule to this Scheme,

(b) in relation to an officer whose pensionable service is less than twenty years, has the same meaning as in the Third Schedule to this Scheme, and

(c) in relation to an officer to whom Article 6 of this Scheme applies, means the actual rank held by him at the date of his retirement."

20. (1) For the purposes of the Sixth Schedule to the Principal Scheme " the hypothetical maximum (civil) pension " in relation to a person who retired from the Civil Service or the Garda Síochána before the 1st day of November, 1952, shall, notwithstanding Rule 1 of that Schedule, mean two-thirds of the pensionable salary of which such person was in receipt at the date of such retirement, increased by six per cent.

(2) The Sixth Schedule to the Principal Scheme is hereby amended by the insertion in column (1) of the Table thereto of " Second Lieutenant or " before " Lieutenant ".

21. The Amending Scheme of 1953 is hereby amended by the substitution for Article 14 of the following Article :

" 14. A child's pension mentioned in sub-article (2) of Article 20 of the Principal Scheme shall be increased by seventy-two and one-half per cent."

22. Articles 5, 6, 10, 11, 13, 14 and 15, paragraph (1) of Article 20 and Article 21 of this Scheme shall be deemed to have come into operation on the 1st day of August, 1956.

23. Each Scheme mentioned in the first column of the Schedule to this Scheme is hereby amended in the manner indicated in the second column of the Schedule opposite the mention of such Scheme.

SCHEDULE.

MISCELLANEOUS AMENDMENTS.

GIVEN under my Official Seal, this 12th day of July, 1957.

CAOIMHGHÍN Ó BEOLÁIN,

Minister for Defence.

The Minister for Finance hereby consents to the foregoing Scheme.

SÉAMAS Ó RIAIN.

GIVEN under the Official Seal of the Minister for Finance, this 12th day of July, 1957.

Explanatory Note.

This statutory instrument provides increases in the pensions of Army personnel (including members of the Nursing and Chaplaincy Services) whose services ceased before 1st November, 1952. It also extends and amends in other respects the Defence Forces (Pensions) Schemes, 1937 to 1956.