S.I. No. 300/1985:

DEFENCE FORCES (PENSIONS) (AMENDMENT)(NO. 4) SCHEME, 1985.

DEFENCE FORCES (PENSIONS) (AMENDMENT)(NO. 4) 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. Amendment of Article 42 of Defence Forces (Pensions) (Amendment) Scheme, 1947.

6. Amendment of Article 20 of Defence Forces (Pensions) (Amendment) Scheme, 1949.

7. Amendment of Article 32A of the Principal Scheme.

8. Restriction on grant of pensions and gratuities to soldiers.

S.I. No. 300 of 1985.

DEFENCE FORCES (PENSIONS) (AMENDMENT)

(NO. 4) 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. 4) Scheme, 1985.

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

(3) The Defence Forces (Pensions) Schemes, 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 No. 2 Amending Scheme of 1981" means the Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1981 (S.I. No. 362 of 1981).

5. (1) Article 42 of the Defence Forces (Pensions) (Amendment) Scheme, 1947 (S. R. & O., No. 81 of 1947), is hereby amended by the substitution for sub-article (7) of the following sub-article:--

"(7) For the purposes of this Article each of the following and no other persons shall be deemed to be a relative of a deceased soldier, his--

( a ) widow,

( b ) widower,

( c ) son,

( d ) daughter,

( e ) mother,

( f ) father,

( g ) brother,

( h ) sister,

( i ) legal personal representative.".

(2) Article 10 of the No. 2 Amending Scheme of 1981 is hereby revoked.

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

6. (1) Article 20 of the Defence Forces (Pensions) (Amendment) Scheme, 1949 ( S.I. No. 209 of 1949 ), is hereby amended by the substitution for sub-article (7) of the following sub-article:--

"(7) For the purposes of this Article each of the following and no other persons shall be deemed to be a relative of a deceased officer, his--

( a ) widow,

( b ) widower,

( c ) son,

( d ) daughter,

( e ) mother,

( f ) father,

( g ) brother,

( h ) sister,

( i ) legal personal representative.".

(2) Article 11 of the No. 2 Amending Scheme of 1981 is hereby revoked.

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

7. (1) Article 32A of the Principal Scheme (inserted by Article 12 of the Defence Forces (Pensions) (Amendment) Scheme, 1978 ( S.I. No. 246 of 1978 )), is hereby amended by the substitution for sub-article (4) of the following sub-article:--

"(4) For the purposes of this Article each of the following and no other persons shall be deemed to be a relative of a deceased member--

( a ) her widower,

( b ) her son,

( c ) her daughter,

( d ) her mother,

( e ) her father,

( f ) her brother,

( g ) her sister,

( h ) her legal personal representative.".

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

8. (1) The Principal Scheme is hereby amended by the insertion after Article 28B (inserted by Article 5 of the Defence Forces (Pensions) (Amendment) (No. 4) Scheme, 1984 ( S.I. No. 114 of 1984 )) of the following Article--

"28C. Where a man of the Reserve of Men (First Line) is discharged from the Reserve Defence Force for the purpose of re-enlisting in the Permanent Defence Force, a pension or gratuity shall not be granted to him on such discharge in respect of any period of qualifying service prior to such re-enlistment."

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

GIVEN under my Official Seal, this 6th 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 6th day of September, 1985.

JOHN BOLAND.

EXPLANATORY NOTE.

This Statutory Instrument provides for amendments to the list of defined relatives for death gratuity purposes and a prohibition on the grant of pensions and gratuities to soldiers discharged from the Reserve Defence Force for the purpose of re-enlisting in the Permanent Defence Force.