S.I. No. 186/1987:

DEFENCE FORCES (PENSIONS) (AMENDMENT) (No. 2) SCHEME, 1987

DEFENCE FORCES (PENSIONS) (AMENDMENT) (No. 2) SCHEME, 1987

Arrangement of Articles.

Article

1. Short title, collective citation and construction.

2. Commencement.

3. Application of the Interpretation Act, 1937.

4. Definitions.

5. Gratuities to Medical Officers appointed for specified period.

6. Construction of words -- Articles 20, 22 and 23 of the Principal Scheme.

7. Amendment of Article 24 of the Principal Scheme.

8. Amendment of Article 4 of the No. 2 Amending Scheme of 1979.

9. Amendment of Article 9 of the No. 2 Amending Scheme of 1980.

10. Amendment of Article 7 of the No. 6 Amending Scheme of 1985.

11. Amendment of Article 8 of the No. 6 Amending Scheme of 1985.

12. Retired pay and gratuity of a certain officer.

S.I. No. 186 of 1987.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (NO. 2) SCHEME, 1987.

I, MICHAEL J. NOONAN, 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) (No. 2) Scheme, 1987.

(2) The collective citation, the Defence Forces (Pensions) Schemes, 1937 to 1987, shall include this Scheme.

(3) The Defence Forces (Pensions) Schemes, 1937 to 1987, 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 1980" means the Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1980 ( S.I. No. 366 of 1980 );

"the No. 6 Amending Scheme of 1985" means the Defence Forces (Pensions) (Amendment) (No. 6) Scheme, 1985 ( S.I. No. 360 of 1985 ).

5. (1) The Principal Scheme is hereby amended by the insertion after Article 12D of the following Article:--

"12E. (1) This Article applies to a person who--

(a) is appointed to be an officer of the Permanent Defence Force for a period of three years for service as a Medical Officer, or

(b) having served for a period of three years as aforesaid, is, immediately following the expiration of the said period, appointed for a further period of two years for service as a Medical Officer.

(2) Where a person to whom sub-article (1) (a) of this Article applies retires from the Permanent Defence Force on the expiration of the said period of three years and such person has not been appointed to be an officer in the Permanent Defence Force either for a specified period or without limitation as to time, there may be granted to him, in respect of the service rendered by him in the Permanent Defence Force as a Medical Officer, a gratuity of an amount equal to ninety days of his pay at the date of retirement.

(3) Where a person to whom sub-article (1) (b) of this Article applies retires from the Permanent Defence Force and such person has not been appointed to be an officer in the Permanent Defence Force without limitation as to time, there may be granted to him, in respect of each year of the service rendered by him in the Permanent Defence Force as a Medical Officer, a gratuity of an amount equal to thirty days of his pay at the date of retirement.

(4) In this Article "pay at the date of retirement" means:--

(a) in the case of an officer who has not less than one year's pensionable service in the rank held by him at that date, his actual pay at that date including any additional pay payable to him as a special service officer (within the meaning of Article 13 of this Scheme); and

(b) in any other case--

(i) his actual pay at that date including any additional pay payable to him as a special service officer (within the meaning of Article 13 of this Scheme), or

(ii) the pay he would have been in receipt of at that date, including any such additional pay as would have been payable to him if there had not been a change of his rank during his last year of pensionable service, whichever is the lesser.

(5) Where a gratuity is granted to a person under this Article, no other award shall be made under the Schemes to such person in respect of that service."

(2) This Article shall be deemed to have come into operation on the 1st day of April, 1984.

6. (1) The provisions of Articles 20, 22 and 23 of the Principal Scheme, and all amendments thereof, shall, unless the contrary intention appears, be construed as if the references to "widow", "widow's pension" and "mother" in the said Articles also referred to "widower", "widower's pension" and "father" respectively.

(2) Article 22 of the Principal scheme is hereby amended by the substitution in sub-article (3) for "her marriage" of "her marriage or his marriage, as the case may be".

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

7. (1) Sub-article (1) of Article 24 of the Principal Scheme is hereby amended by the insertion after paragraph (b) of the following new paragraph:--

"(c ) in the case of a soldier enlisted in the Permanent Defence Force under the provisions of Defence Force Regulations 4 of 1982, the period, in addition to the period set out in whichever of the preceding paragraphs is applicable in his case, during which he served full-time on security duties, as a man of the Reserve of Men (An Forsa Cosanta Aitiuil), pursuant to paragraph 40A of Defence Force Regulations R.5."

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

8. (1) Article 4 of the Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1979 ( S.I. No. 245 of 1979 ), as amended by Article 7 of the No. 2 Amending Scheme of 1980 is hereby further amended by the insertion after sub-article (1) of the following sub-article--

"(1A) Notwithstanding sub-article (1) of this Article, where an officer:--

( a ) retires or is retired on or after the 1st day of February, 1986 while holding the appointment of Chief of Staff in the rank of Lieutenant-General, and

( b ) has held the appointment for not less than one year, and

( c ) whose pensionable service is forty years or more, the yearly rate of his retired pay shall be the rate appropriate to the rank of Major-General, increased by such amount as when added to the said retired pay will not exceed fifty per cent of the regimental pay appropriate to the rank of Lieutenant-General (Chief of Staff)."

The said Article 4, as so amended, is set out in the Table to this Article.

(2) This Article shall be deemed to have come into operation on the 1st day of February, 1986.

TABLE

4. (1) Where an officer:--

( a ) retires or is retired on or after the 16th day of August, 1978, while holding the appointment of Chief of Staff in the rank of Lieutenant-General, and

( b ) has held the appointment for not less than one year,

the yearly rate of his retired pay shall be the rate appropriate to the rank of Major-General, increased by twenty per cent.

(1A) Notwithstanding sub-article (1) of this Article, where an officer:--

( a ) retires or is retired on or after the 1st day of February, 1986 while holding the appointment of Chief of Staff in the rank of Lieutenant-General, and

( b ) has held the appointment for not less than one year, and

( c ) whose pensionable service is forty years or more,

the yearly rate of his retired pay shall be the rate appropriate to the rank of Major-General, increased by such amount as when added to the said retired pay will not exceed fifty per cent of the regimental pay appropriate to the rank of Lieutenant-General (Chief of Staff).

(2) Where an officer:--

( a ) retires or is retired on or after the 16th day of August, 1978, while holding the appointment of Adjutant-General or quartermaster-General in the rank of Major-General, and

( b ) has held the appointment for not less than one year,

the yearly rate of his retired pay shall be the rate appropriate to the rank of Colonel, increased by twenty per cent.

(3) Where an officer who was appointed Assistant Chief of Staff prior to the 21st day of February, 1979:--

( a ) retires or is retired on or after the 21st day of February, 1979, while holding the appointment in the rank of Brigadier-General, and

( b ) has held the appointment for not less than one year, the yearly rate of his retired pay shall be the rate appropriate to the rank of Colonel, increased by twenty per cent.

(4) Where an officer, other than an officer to whom sub-article (3) refers:--

( a ) retires or is retired on or after the 21st day of February, 1979, while holding the appointment of Assistant Chief of Staff, Director of Naval Service, Officer Commanding a Command or Officer Commanding Air Corps in the rank of Brigadier-General, and

( b ) has held the appointment for not less than one year,

the yearly rate of his retired pay shall be the rate appropriate to the rank of Colonel, increased by ten per cent.

(5) The terms of Article 5 of the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1970 ( S.I. No. 298 of 1970 ), as amended by Article 9 of the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1972 ( S.I. No. 306 of 1972 ), shall not apply in the case of an officer who retires or is retired on or after the 16th day of August, 1978.

9. (1) Article 9 of the No. 2 Amending Scheme of 1980 is hereby amended--

( a ) by the substitution in paragraph (b) of sub-article (1) of the words "gratuity, gratuities or short-service pay" for the words "gratuity or gratuities",

( b ) by the insertion of the words "or short-service pay" after the word "gratuities", in both cases where that word occurs,

and the said Article 9, as so amended, is set out in the Table to this Article.

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

TABLE

9. (1) Where an officer--

( a ) who was granted a temporary appointment as an officer in the Naval Service for a limited period was subsequently granted an appointment as an officer of the Permanent Defence Force without limitation as to time, and

( b ) was paid a gratuity, gratuities or short-service pay under Defence Force Regulations S.3,

temporary service may be reckoned for purposes of pensionable service, subject to the repayment of any gratuities or short-service pay paid under Defence Force Regulations S.3, together with compound interest, at such rates as may be determined by the Minister with the consent of the Minister for Finance.

(2) The repayment of the gratuities or short-service pay specified in sub-article (1) of this Article shall be subject to such conditions as the Minister, with the consent of the Minister for Finance, may, from time to time, prescribe.

10. (1) Article 7 of the No. 6 Amending Scheme of 1985 is hereby amended by the substitution for sub-article (3) of the following sub-article:--

"(3) Notwithstanding anything contained in Article 20 (1) of the Principal Scheme, where an officer--

( a ) died while serving prior to the 23rd day of July, 1968, with five years' pensionable service or more, or

( b ) retired prior to the 23rd day of July, 1968, and dies while in receipt of retired pay,

there may be paid to the widow of such deceased officer--

(i) the appropriate amount in the Table to the said Article 20 (1) (inserted by this Article), or

(ii) an amount equal to eleven-twelfths of the pension which would be payable to her if her deceased husband had been a member of the No. 2 Amending Scheme of 1983 and the date of his death or retirement had been the 2nd day of July, 1985,

whichever is the greater."

(2) This Article shall be deemed to have come into operation on the 1st day of January, 1986.

11. (1) Article 8 of the No. 6 Amending Scheme of 1985 is hereby amended by the substitution for sub-article (2) the following sub-article:--

"(2) Notwithstanding anything contained in Article 20 (2) of the Principal Scheme, where an officer--

( a ) died while serving prior to the 23rd day of July, 1968, with five years' pensionable service or more, or

( b ) retired prior to the 23rd day of July, 1968, and dies while in receipt of retired pay,

there may be paid to the child of such deceased officer--

(i) the appropriate amount under sub-article (1) of this Article, or

(ii) an amount equal to eleven-twelfths of the pension which would be payable to the child if the deceased officer had been a member of the No. 2 Amending Scheme of 1983 and the date of his death or retirement had been the 2nd day of July, 1985,

whichever is the greater."

(2) This Article shall be deemed to have come into operation on the 1st day of January, 1986.

12. (1) This Article shall apply to an officer who--

( a ) was promoted to the rank of Lieutenant-General with effect from the 2nd day of June, 1981, and

( b ) was granted special leave without pay and allowances to take up an appointment as Force Commander of the United Nations Interim Force in Lebanon.

(2) The yearly rate of retired pay of an officer to whom this Article applies shall be--

( a ) in case such officer does not either at the date of his retirement from the Permanent Defence Force or subsequently qualify for any superannuation benefits from the United Nations Organisation other than a refund of his own superannuation contributions to that Organisation, the rate appropriate to the rank of Major-General, increased by twenty per cent, or

( b ) in any other case, the rate appropriate to the rank of Colonel, increased by twenty per cent.

(3) For the purpose of the calculation of the gratuity payable on his retirement to an officer to whom this Article applies his pay at the date of his retirement shall be calculated--

( a ) in case his retired pay is computed in accordance with paragraph (a) of sub-article (2) of this Article, by reference to the annual rate of pay appropriate to the rank of Lieutenant-General (Chief of Staff) at that date, or

( b ) in case his retired pay is computed in accordance with paragraph (b) of the said sub-article (2), by reference to the annual rate of pay appropriate to the rank of Major-General at that date.

(4) Article 15 of the Defence Forces (Pensions) (amendment) (No. 8) Scheme, 1984 ( S.I. No. 259 of 1984 ), is hereby revoked.

(5) This Article shall be deemed to have come into operation on the 1st day of April, 1986.

GIVEN under my Official Seal, this 13th day of July, 1987.

MICHAEL NOONAN,

The Minister for Finance hereby consents to the foregoing Scheme.

GIVEN under the Official Seal of the Minister for Finance, this 13th day of July, 1987.

RAY MacSHARRY.

EXPLANATORY NOTE.

This Statutory Instrument provides for various amendments to the Defence Forces (Pensions) Schemes, 1937 to 1987.