S.I. No. 247/1964:

DEFENCE FORCES (PENSIONS) (AMENDMENT) SCHEME, 1964.

DEFENCE FORCES (PENSIONS) (AMENDMENT) SCHEME, 1964.

ARRANGEMENT OF ARTICLES.

Article.

1. Short title, construction and collective citation.

2. Commencement.

3. Application of Interpretation Act, 1937.

4. Definitions.

5. Increase of retired pay of officers who retired before 16th December, 1959.

6. Increase of retired pay to an officer whose retiring rank was General.

7. Further increase of retired pay to an officer whose retiring rank was General.

8. Increase of retired pay under Article 19 of Amending Scheme of 1960.

9. Further increase of retired pay under Article 19 of Amending Scheme of 1960.

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

11. Increase of pensions of widows of certain deceased officers.

12. Increase of pensions of children of certain deceased officers.

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

14. Increase of pensions of certain members of Army Nursing Service.

15. Increase of pensions of certain members of Chaplaincy Service.

16. Further amendment of Sixth Schedule to the Principal Scheme.

17. Amendment of First Schedule to Principal Scheme.

18. Amendment of Article 15 of Principal Scheme.

19. Amendment of Article 20 of Amending Scheme of 1953.

20. Effective dates of increases.

S.I. No. 247 of 1964.

DEFENCE FORCES (PENSIONS) (AMENDMENT) SCHEME, 1964.

I, GEARÓID MAC PHARTHALÁIN, 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, 1964.

(2) The Defence Forces (Pensions) Schemes, 1937 to 1962, and this Scheme shall be construed together as one Scheme and may be cited together as the Defence Forces (Pensions) Schemes, 1937 to 1964.

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

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 ), as amended by subsequent Schemes ;

"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 ) ;

"the Amending Scheme of 1957" means the Defence Forces (Pensions) (Amendment) Scheme, 1957 ( S.I. No. 152 of 1957 ) ;

"the Amending Scheme of 1960" means the Defence Forces (Pensions) (Amendment) Scheme, 1960 ( S.I. No. 135 of 1960 ) ;

"the No. 3 Amending Scheme of 1962" means the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1962 ( S.I. No. 204 of 1962 ) ;

"the Schemes" means the Defence Forces (Pensions) Schemes, 1937 to 1962.

5. The retired pay payable under Articles 5, 6, 7, 8, 9, 9A or 10 of the Principal Scheme, including retired pay increased under paragraph (a) of sub-article (1) of Article 13 of that Scheme, to an officer who retired or was retired before the 16th day of December, 1959, shall be the amount which would be payable to him under the Schemes if the date of his retirement had been the 16th day of December, 1959 (or, in the case of an officer whose retiring rank is Lieutenant-General, the 1st day of January, 1960), 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.

6. The retired pay payable to an officer who retired on the 31st day of January, 1949, and whose rank on that date was General, shall, with effect from the 1st day of August, 1962, be the amount obtained by--

(a) increasing by 73 per cent. the amount to which that officer was entitled under the Schemes on retirement, and

(b) increasing by six per cent. the amount obtained by that increase.

7. The retired pay payable to an officer who retired on the 31st day of January, 1949, and whose rank on that date was General, shall be the amount to which that officer was entitled under the Schemes on retirement, increased by 89 per cent.

8. The retired pay payable under Article 19 of the Amending Scheme of 1960 to an officer shall, with effect from the 1st day of August, 1962, be the amount which would be payable to him under the Schemes if the date of his retirement had been the 2nd day of November, 1955, 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 increased by six per cent.

9. The retired pay payable under Article 19 of the Amending Scheme of 1960 to an officer, as increased by Article 8 of this Scheme, shall be the amount which would be payable to him under the Schemes if the date of his retirement had been the 16th day of December, 1959, 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.

10. Every pension payable under Article 19 of the Principal Scheme shall be increased by five per cent.

11. Sub-article (1) of Article 20 of the Principal Scheme shall have effect as if for the Table thereto (inserted by Article 7 of the No. 3 Amending Scheme of 1962) there were substituted the following--

" TABLE to Article 20 (1)

12.--(1) Every child's pension shall be increased by five per cent.

(2) In this Article " child's pension " means a pension payable under sub-article (2) of Article 20 of the Principal Scheme, as amended by Article 14 of the Amending Scheme of 1953, Article 21 of the Amending Scheme of 1957, Articles 9 and 10 of the Amending Scheme of 1960 and Article 8 of the No. 3 Amending Scheme of 1962.

13. The pension (including married pension) payable under Article 26A of the Principal Scheme (inserted by Article 22 of the Amending Scheme of 1947 and amended by Article 9 of the No. 3 Amending Scheme of 1962) or Article 27A of the Principal Scheme (inserted by Article 24 of the Amending Scheme of 1947) to a soldier discharged before the 15th day of December, 1959, shall be the amount which would be payable to him under the Schemes if the date of his discharge had been the 15th day of December, 1959, 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. The 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 16th day of December, 1959, shall be the amount which would be payable to her under the Schemes if the effective date of her resignation or of the termination of her services had been the 16th day of December, 1959, and her rank, service in that rank and total service were the same as those on the actual effective date of her resignation or of the termination of her services.

15. The 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 16th day of December, 1959, shall be the amount which would be payable to him under the Schemes if the effective date of the termination of his services had been the 16th day of December, 1959, and his grade of appointment, service in that grade and total service were the same as those on the actual effective date of the termination of his services.

16. For the purpose of the Sixth Schedule to the Principal Scheme the hypothetical maximum (civil) pension " in relation to a person who retired from the Civil Service before the 15th day of December, 1959, or who retired from the Garda Siochana before the 1st day of March, 1960, shall, notwithstanding Rule 1 of that Schedule, mean an amount, equal to two-thirds of the pensionable salary of which such person would have been in receipt if the date of his retirement had been the 15th day of December, 1959, in the case of a person who retired from the Civil Service or the 1st day of March, 1960, in the case of a person who retired from the Garda Siochana, and his rank and service in that rank on whichever of these dates is appropriate were the same as those on the actual date of his retirement.

17. The First Schedule to the Principal Scheme is hereby amended by the insertion in Rule 3 after sub-rule (1) (inserted by Article 18 of the amending Scheme of 1957) of the following sub-rule :

" (j) in the case of an officer who is entitled to a gratuity under Defence Force Regulations S. 3, any period of service in respect of which such a gratuity has been paid."

18.--(1) Article 15 of the Principal Scheme shall have effect as if, for sub-articles (a) and (b) thereof, the following sub-articles were substituted :

" (a) if the amount of such remuneration equals or exceeds the appropriate maximum, such retired pay shall not be payable to such officer ;

(b) if the amount of such remuneration is less than the appropriate maximum, so much only of such retired pay shall be paid to such officer as will, when added to such remuneration, not exceed the appropriate maximum ;

(c) in this Article ' the appropriate maximum ' means--

(i) in the case of an officer who retired or was retired on or after the 16th day of December, 1959--the annual pay of which such officer was in receipt at the date of his retirement ;

(ii) in the case of an officer who retired or was retired before the 16th day of December, 1959--

(I) with effect during the period commencing on the 1st day of August, 1962, and ending on the 31st day of October, 1963--

(A) in the case of an officer who retired or was retired before the 2nd day of November, 1955, the sum of--

(1) the annual pay of which such officer would have been in receipt if he had been serving in the forces on the 2nd day of November, 1955 and his rank, service in that rank and single or married status were the same as those on the date of his actual retirement, and

(2) six per cent. of the annual retired pay which would have been payable to such officer if the date of his retirement had been the 2nd day of November, 1955, 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, and

(B) in the case of an officer who retired or was retired on or after the 2nd day of November, 1955, the sum of--

(1) the annual pay of which such officer was in receipt at the date of his retirement, and

(2) six per cent. of the annual retired pay which was granted to him on his retirement,

(II) with effect during the period commencing on the 1st day of November, 1963, and ending on the 30th day of September, 1964--the annual pay of which such officer would have been in receipt if he had been serving in the forces on the 16th day of December, 1959, and his rank, service in that rank and single or married status were the same as those on the date of his actual retirement."

(2) This Article shall not operate so as to reduce the amount of the retired pay payable to an officer and determined before the commencement of this Article.

(3) Article 12 of the Amending Scheme of 1953 is hereby repealed.

(4) Sub-articles (1) and (2) of this Article shall be deemed to have come into operation on the 1st day of August, 1962.

19. Article 20 of the Amending Scheme of 1953 is hereby amended by the substitution of " £242 " for " £150 " in sub-article (1).

20. Articles 5, 7, 9 to 16 and 19 of this Scheme shall be deemed to have come into operation on the 1st day of November, 1963.

GIVEN under my Official Seal, this 9th day of October, 1964.

GEARÓID MAC PHARTHALÁIN.

The Minister for Finance hereby consents to the foregoing scheme.

GIVEN under the Official Seal of the Minister for Finance, this 9th day of October, 1964.

SÉAMAS Ó RIAIN.

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 16th December, 1959. It also amends in other respects the Defence Forces (Pensions) Schemes, 1937 to 1962.