S.I. No. 35/1956 - Defence Forces (Pensions) (Amendment) Scheme, 1956

S.I. No. 35 of 1956.

DEFENCE FORCES (PENSIONS) (AMENDMENT) SCHEME, 1956.

ARRANGEMENT OF ARTICLES.

Article.

1. Short title and commencement.

2. Application of the Interpretation Act, 1937.

3. Interpretation.

4. Increase of retired pay of officers retiring on or after 2nd November, 1952.

5. Increase of gratuities of certain married officers.

6. Increase of gratuities of certain lieutenant-generals.

7. Increase of gratuities of certain dental officers holding temporary commissions in Army Medical Corps.

8. Rate of retired pay of commandant in certain cases.

9. Pensions to certain long-service soldiers appointed to the Ordnance Survey.

10. Application of certain provisions of the Schemes to pensions under Article 19 of the Principal Scheme.

11. Certain officers deemed to have been in receipt of full pay, etc.

12. Amendment of Article 22 of the Principal Scheme.

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

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

15. Amendment of Article 38 of the Principal Scheme.

16. Meaning of " gratuity " in Article 20 (4) (a) (i) and 20 (4) (b) of the Amending Scheme of 1949.

17. Amendment of Article 20 of the Amending Scheme of 1949.

18. Amendment of Article 4 of the Amending Scheme of 1953.

19. Amendment of Article 6 of the Amending Scheme of 1953.

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

S.I. No. 35 of 1956.

DEFENCE FORCES (PENSIONS) (AMENDMENT) SCHEME, 1956.

I, SEÁN MAC EOIN, 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, testified by his official seal affixed hereto, make the following Scheme :

1 Short title and commencement

1.

1.—(1) This Scheme may be cited as the Defence Forces (Pensions) (Amendment) Scheme, 1956.

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

2 Application of the Interpretation Act, 1937 .

2.

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

3 Interpretation.

3.

3.—(1) 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 Amending Scheme of 1949 " means the Defence Forces (Pensions) (Amendment) Scheme, 1949 ( S.I. No. 209 of 1949 ) ;

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

" the Schemes " means the Principal Scheme as amended by subsequent Schemes including this Scheme ;

" the Minister " means the Minister for Defence ;

" married officer " means an officer who was a married officer within the meaning of the regulations with respect to the pay of officers made or deemed to have been made under the Defence Act, 1954 (No. 18 of 1954), and in force on the day before the day of his retirement ;

" single officer " means an officer who is not a married officer.

• (2) This Scheme shall be construed as one with the Principal Scheme.

• (3) The Principal Scheme, the Defence Forces (Pensions) (Amendment) Scheme, 1940 ( S. R. & O. No. 299 of 1940 ), the Amending Scheme of 1947, the Amending Scheme of 1949, the Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1949 ( S.I. No. 291 of 1949 ), the Amending Scheme of 1953 and this Scheme may be cited together as the Defence Forces (Pensions) Schemes, 1937 to 1956.

4 Increase of retired pay of officers retiring on or after 2nd November, 1952.

4.

4.—(1) Where retired pay is granted under Articles 5, 6, 7, 8, 9, 9A or 10 of the Principal Scheme to an officer who retires or is retired on or after the 2nd day of November, 1952, such pay shall be increased by the appropriate percentage indicated in the Table to this Article opposite the mention of such officer's retiring rank.

• (2) For the purposes of this Article " retired pay " shall be deemed not to include any increase granted under Article 14 of the Amending Scheme of 1947 or Article 4 of the Amending Scheme of 1953 but, in relation to an officer who—

• (a) is, immediately preceding his retirement, a special service officer within the meaning of Article 13 of the Principal Scheme, and

• (b) does not exercise the election conferred on him by paragraph (b) of sub-article (1) of the said Article 13,

shall include the increase granted under paragraph (a) of sub-article (1) of the said Article 13.

• (3) Article 14 of the Amending Scheme of 1947 and Article 4 of the Amending Scheme of 1953 shall not apply to an officer to whom this Article applies, and any payments made in respect of the increase granted under the said Articles shall be deemed to be payments on foot of the increase granted by this Article.

• (4) This Article shall be deemed to have come into operation on the 2nd day of November, 1952.

Retiring rank by reference to which retired pay was calculated.	Married Officer	Married Officer	Single Officer	Single Officer
Retirement before 2nd November, 1955.	Retirement on or after 2nd November, 1955.	Retirement before 2nd November, 1955.	Retirement on or after 2nd November, 1955.
Lieutenant-General	68%	81%	—	—
Major-General	77%	89%	70%	83%
Colonel	83%	96%	80%	94%
Lieutenant-Colonel	78%	91%	67%	80%
Commandant	62%	75%	53%	65%
Captain	70%	84%	70%	84%
Lieutenant	57%	71%	55%	68%

5 Increase of gratuities of certain married officers.

5.

5.—(1) Where a gratuity is payable under Article 11 of the Principal Scheme (inserted by Article 9 of the Amending Scheme of 1947) to an officer (other than an officer whose retiring rank is lieutenant-general or general) who retires or is retired on or after the 2nd day of November, 1952, such gratuity shall be 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 Amending Scheme of 1947) shall have effect accordingly.

• (2) In this Article and in the Table thereto " retiring rank " has the meaning assigned to it in Rule 1 of the Fifth Schedule to the Principal Scheme.

• (3) For the purposes of this Article a gratuity under Article 11 of the Principal Scheme shall be deemed not to include any increase granted under Article 5 of the Amending Scheme of 1953.

• (4) Article 5 of the Amending Scheme of 1953 shall not apply to an officer to whom this Article applies and any payments made in respect of the increase granted under the said Article 5 shall be deemed to be payments on foot of the increase granted by this Article.

• (5) This Article shall be deemed to have come into operation on the 2nd day of November, 1952.

T A B L E

Retiring Rank.	Retirement before 2nd November, 1955.	Retirement on or after 2nd November, 1955.
Major-General	77%	89%
Colonel	83%	96%
Lieutenant-Colonel	78%	91%
Commandant	62%	75%
Captain	68%	82%
Lieutenant	57%	71%

6 Increase of gratuities of certain lieutenant-generals.

6.

6.—(1) Where a gratuity is payable under Article 11 of the Principal Scheme (inserted by Article 9 of the Amending Scheme of 1947) to an officer whose retiring rank is lieutenant-general and who retires or is retired on or after the 2nd day of November, 1955, such gratuity shall be increased by 12 per cent. and Article 11A of the Principal Scheme (inserted by Article 10 of the Amending Scheme of 1947) shall have effect accordingly.

• (2) In this Article " retiring rank " has the meaning assigned to it in Rule 1 of the Fifth Schedule to the Principal Scheme.

• (3) This Article shall be deemed to have come into operation on the 2nd day of November, 1955.

7 Increase of gratuities of certain dental officers holding temporary commissions in Army Medical Corps.

7.

7.—(1) Article 12 C of the Principal Scheme (inserted by Article 10 of the Amending Scheme of 1953) shall, as respects any officer to whom that Article applies and who retires or is retired on or after the 25th day of February, 1955, have effect as if " £300", " £450", " £750 " and " £1,000 " were substituted for " £250", " £400", " £600 " and " £800 " respectively.

• (2) This Article shall be deemed to have come into operation on the 25th day of February, 1955.

8 Rate of retired pay of commandant in certain cases.

8.

8. Where an officer is eligible for a grant of retired pay calculated by reference to the retiring rank of commandant, there may be granted to him, in lieu thereof, retired pay calculated by reference to the retiring rank of captain, if that is more favourable to him.

9 Pensions to certain long-service soldiers appointed to the Ordnance Survey.

9.

9. The Principal Scheme shall be construed and have effect as if the following new Article were inserted after Article 26A (inserted by Article 22 of the Amending Scheme of 1947)—

" 26B. (1) Subject to the provisions of the Schemes there may be granted to a person who was serving in the Forces on the 31st day of July, 1940, as a long-service soldier in the Survey Company, Corps of Engineers, and who was appointed on the 1st day of August, 1940, to a civil post in the Ordnance Survey, such proportion of the pension (and of the married pension, if any) for which he would have been eligible under Article 26A of this Scheme if such person had been discharged from the Forces on the day immediately before the day on which his reckonable service under the Superannuation Acts commenced and if the period of his qualifying service as a long-service soldier had been twenty-one years, as the actual number of years of his qualifying service bears to the number twenty-one.

• (2) For the purposes of sub-article (1) of this Article, the service in temporary commissioned rank in the Reserve of Officers prior to the 8th day of July, 1942, of a person who, having served as a soldier, was appointed to temporary commissioned rank in the Reserve of Officers on the 18th day of April, 1941, shall be deemed to be service in the non-commissioned rank held by him immediately prior to the 18th day of April, 1941.

• (3) A pension (or a married pension) under this Article shall not become payable unless and until the person eligible therefor has retired from the Civil Service in circumstances entitling him to a superannuation or other allowance or gratuity under the Superannuation Acts.

• (4) Sub-Article (4) of Article 42 of the Amending Scheme of 1947 shall not apply in respect of a person to whom this Article applies."

10 Application of certain provisions of the Schemes to pensions under Article 19 of the Principal Scheme.

10.

10. The provisions of Article 15 of the Principal Scheme (as amended by Article 15 of the Amending Scheme of 1947 and Article 28 of the Amending Scheme of 1953) and of Article 12 of the Amending Scheme of 1953 shall apply to a pension, granted after the coming into operation of this Scheme, under Article 19 of the Principal Scheme and for that purpose the references in the said Article 15 of the Principal Scheme and in the said Article 12 to " retired pay " shall be construed as references to a pension under the said Article 19.

11 Certain officers deemed to have been in receipt of full pay, etc.

11.

11. The Principal Scheme shall have effect as if, for Article 23A, there were substituted the following new Article :

" 23A. (1) Where—

• (a) an officer is absent from duty—

• (i) on authorised sick leave, or

• (ii) while undergoing authorised medical or surgical or sanatorium treatment, and

• (b) as a consequence such officer is, during any period he is so absent from duty, placed on a reduced rate of pay or suffers the loss of additional pay, and

• (c) such officer

• (i) retires or is retired or dies while so absent, or

• (ii) having been immediately before retirement so absent, dies after retirement,

then, for the purposes of this Scheme and of Article 20 of the Amending Scheme of 1949, such officer shall—

• (I) be deemed to have been in receipt, during the period he was so absent from duty, of the additional pay (if any) which he ceased to be entitled to receive solely by reason of such absence, and

• (II) be deemed,save where provision is made for the applying of a notional rank to such officer, to have been in receipt, on the day of his retirement or death (whichever is relevant) of the rate of pay for which he would have been eligible on such day had he not been so absent from duty.

• (2) Where an officer is placed on half-pay by the Minister pursuant to section 46 of the Defence Act, 1954 (No. 18 of 1954), and such officer—

• (a) retires or is retired or dies while on such half-pay, or

• (b) having been immediately before retirement on such half-pay, dies after retirement,

then, for the purposes of this Scheme and of Article 20 of the Amending Scheme of 1949, such officer shall—

• (I) be deemed to have been in receipt, during the period he was on such half-pay, of the additional pay (if any) which he ceased to be entitled to receive solely by reason of being placed on such half-pay, and

• (II) be deemed, save where provision is made for the applying of a notional rank to such officer, to have been in receipt, on the day of his retirement or death (whichever is relevant) of the rate of pay for which he would have been eligible on such day had he not been so placed on half-pay.

• (3) For the purposes of this Article additional pay shall be deemed to include flying pay.

• (4) This Article shall be deemed to have come into operation on the 1st day of January, 1955".

12 Amendment of Article 22 of the Principal Scheme

12.

12.—(1) Article 22 of the Principal Scheme, as amended by sub-article (1) of Article 16 of the Amending Scheme of 1953, shall have effect as if, after " retired " in paragraphs (e) and (f), there were inserted " or was retired".

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

13 Amendment of Article 26A of the Principal Scheme.

13.

13.—(1) Article 26A of the Principal Scheme (inserted by Article 22 of the Amending Scheme of 1947) shall, as respects any long-service soldier, have effect—

• (a) in the case of a soldier discharged from the Forces on or after the 1st day of November, 1952, as if the pension payable to such soldier under sub-article (1) of that Article, as amended by Article 18 of the Amending Scheme of 1953, in lieu of being payable at the rate specified in the Table to sub-article (1) of the said Article 18, were payable at the rate specified in the Table to this Article opposite the mention of his retiring rank ;

• (b) in the case of a soldier discharged from the Forces on or after the 1st day of November, 1952, and before the 1st day of November, 1955, as if the married pension payable to such soldier under sub-article (3), as amended by Article 18 of the Amending Scheme of 1953, of the said Article 26A, in lieu of being payable at the rate of eight shillings and ninepence per week, were payable at the rate of ten shillings per week ;

• (c) in the case of a soldier discharged from the Forces on or after the 1st day of November, 1955, as if such married pension, in lieu of being payable at the rate of eight shillings and ninepence per week, were payable at the rate of eleven shillings and threepence per week.

• (2) In this Article and in the Table thereto " retiring rank " has the meaning assigned to it by Article 25 of the Principal Scheme.

• (3) Article 26A of the Principal Scheme shall have effect as if, in paragraph (c) of sub-article (4) after " the issue of such marriage " there were inserted " or of any previous marriage contracted by him".

• (4) Sub-articles (1) and (2) of this Article shall be deemed to have come into operation on the 1st day of November, 1952.

• (5) Sub-Article (3) of this Article shall be deemed to have come into operation on the 7th day of February, 1950.

T A B L E

Retiring Rank.	Rate per week of pension in respect of 21 years' qualifying service.	Rate per week of pension in respect of 21 years' qualifying service.	Rate per week of pension in respect of 21 years' qualifying service.	Rate per week of pension in respect of 21 years' qualifying service.
	Discharge before 1st November, 1955.	Discharge before 1st November, 1955.	Discharge on or after 1st November, 1955.	Discharge on or after 1st November, 1955.
	s.	d.	s.	d.
Sergeant-Major	42.	9	48.	0
Batallion Quartermaster-Sergeant	38.	9	43.	6
Company-Sergeant	35.	0	39.	6
Company Quartermaster-Sergeant	33.	0	37.	3
Sergeant	29.	9	34.	0
Corporal	26.	9	30.	6
Private	21.	9	24.	6

14 Amendment of Article 28A of the Principal Scheme.

14.

14.—(1) Article 28A of the Principal Scheme (inserted by Article 26 of the Amending Scheme of 1947) as amended by Article 19 of the Amending Scheme of 1953, shall have effect as if the gratuity payable thereunder to a soldier, in lieu of being calculated by reference to the Tables to sub-article (1) of the said Article 19—

• (a) were, in the case of a soldier discharged or transferred to the Reserve on or after the 1st day of November, 1952, and before the 1st day of November, 1955, calculated by reference to Table I to this Article ;

• (b) were, in the case of a soldier discharged or transferred to the Reserve on or after the 1st day of November, 1955, calculated by reference to Table II to this Article.

• (2) This Article shall be deemed to have come into operation on the 1st day of November, 1952.

T A B L E I

Ref. No.	Retiring Rank.	Rate for each year of qualifying service where total qualifying service less than 7 years.	Rate for each year of qualifying service where total qualifying service less than 7 years.	Rate for each year of qualifying service where total qualifying service less than 7 years.	Rate for each year of qualifying service where total qualifying service not less than 7 years but less than 13 years.	Rate for each year of qualifying service where total qualifying service not less than 7 years but less than 13 years.	Rate for each year of qualifying service where total qualifying service not less than 7 years but less than 13 years.	Rate for each year of qualifying service where total qualifying service not less than 13 years but less than 21 years.	Rate for each year of qualifying service where total qualifying service not less than 13 years but less than 21 years.	Rate for each year of qualifying service where total qualifying service not less than 13 years but less than 21 years.
(1)	(2)	(3)	(3)	(3)	(4)	(4)	(4)	(5)	(5)	(5)
		£	s.	d.	£	s.	d.	£	s.	d.
1.	Private	2	1	6	4	3	0	6	4	6
2.	Any rank being that of Corporal or Sergeant	2	16	0	5	12	0	8	8	0
3.	Any rank being that of Company Quartermaster-Sergeant, Company - Sergeant, Battalion Quartermaster-Sergeant, or Sergeant-Major	3	12	6	7	5	0	10	17	6

T A B L E I I

Ref. No.	Retiring Rank.	Rate for each year of qualifying service where total qualifying service less than 7 years.	Rate for each year of qualifying service where total qualifying service less than 7 years.	Rate for each year of qualifying service where total qualifying service less than 7 years.	Rate for each year of qualifying service where total qualifying service not less than 7 years but less than 13 years.	Rate for each year of qualifying service where total qualifying service not less than 7 years but less than 13 years.	Rate for each year of qualifying service where total qualifying service not less than 7 years but less than 13 years.	Rate for each year of qualifying service where total qualifying service not less than 13 years but less than 21 years.	Rate for each year of qualifying service where total qualifying service not less than 13 years but less than 21 years.	Rate for each year of qualifying service where total qualifying service not less than 13 years but less than 21 years.
(1)	(2)	(3)	(3)	(3)	(4)	(4)	(4)	(5)	(5)	(5)
		£	s.	d.	£	s.	d.	£	s.	d.
1.	Private	2	7	0	4	14	0	7	0	0
2.	Any rank being that of Corporal or Sergeant	3	4	0	6	8	0	9	12
3.	Any rank being that of Company Quartermaster-Sergeant, Company - Sergeant, Battalion Quartermaster-Sergeant, Sergent or Sergeant-Major	4	1	6	8	3	0	12	4	6

15 Amendment of Article 38 of the Principal Scheme.

15.

15. The reference in subparagraph (b) of sub-article (1) of Article 38 of the Principal Scheme to a pension under Part III of that Scheme shall, in relation to a soldier discharged on or after the date of the coming into operation of this Scheme who is in receipt of a married pension under sub-article (3) of Article 26A of the Principal Scheme (inserted by Article 22 of the Amending Scheme of 1947) or under Article 27A of the Principal Scheme (inserted by Article 24 of the Amending Scheme of 1947), be deemed to include a reference to such married pension.

16 Meaning of " gratuity " in Article 20 (4) (a) (i) and 20 (4) (b) of the Amending Scheme of 1949

16.

16. The references—

• (a) in subparagraph (i) of paragraph (a) of sub-article (4) of Article 20 of the Amending Scheme of 1949 to a gratuity, and

• (b) in paragraph (b) of the said sub-article (4) to a gratuity (other than the references to a gratuity under the said sub-article (4) ),

shall be deemed not to include, and never to have included, references to a gratuity payable under Article 11 of the Principal Scheme (inserted by Article 9 of the Amending Scheme of 1947).

17 Amendment of Article 20 of the Amendin Scheme of 1949.

17.

17.—(1) Article 20 of the Amending Scheme of 1949 shall have effect as if for sub-article (5) there were substituted the following sub-article :

" (5) (a) Where—

• (i) an officer dies while in receipt of retired pay and

• (ii) no pension is payable in respect of him under Article 20 of the Principal Scheme, and

• (iii) the amount of the payments made on foot of the retired pay is less than the appropriate sum, and

• (iv) such officer leaves a relative,

the Minister may pay, in respect of such officer, a gratuity of an amount equal to the difference between the payments so made on foot of the retired pay and the appropriate sum.

• (b) For the purposes of paragraph (a) of this sub-article the appropriate sum shall be a sum equal to whichever of the following sums is the lesser :

• (I) a sum equal to, in the case of a single officer, twenty-eight days of his pay at the date of his retirement for each year of his pensionable service and, in the case of a married officer, twenty-four days of his pay at the date of his retirement for each year of his pensionable service,

• (II) a sum equal to, in the case of a single officer, three hundred and thirty-five days of his pay at the date of his retirement and, in the case of a married officer, two hundred and ninety-three days of his pay at the date of his retirement."

• (2) Sub-article (8) of Article 20 of the Amending Scheme of 1949 is hereby amended by the deletion of "sub-articles (3) and (4) " and the insertion in lieu thereof of " sub-articles (3), (4) and (5) ".

18 Amendment of Article 4 of the Amending Scheme of 1953.

18.

18.—(1) Article 4 of the Amending Scheme of 1953 shall have effect as if, in the third column of the Table thereto opposite the mention of " Captain ", " 59% " were substituted for " 58% ".

• (2) This Article shall be deemed to have come into operation on the 16th day of January, 1951.

19 Amendment of Article 6 of the Amending Scheme of 1953

19.

19.—(1) Article 6 of the Amending Scheme of 1953 shall have effect as if—

• (a) after " retired " in paragraph (a) of sub-article (1) there were inserted " or was retired " ;

• (b) after " retires " in paragraph (b) of sub-article (1) there were inserted " or is retired ".

• (2) This Article shall be deemed to have come into operation on the coming into operation of the Amending Scheme of 1953.

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

20.

20.—(1) Article 19 of the Amending Scheme of 1953 shall have effect as if after " discharged " in paragraphs (a) and (b) of sub-article (1) there were inserted " or transferred to the Reserve ".

• (2) This Article shall be deemed to have come into operation on the 1st day of September, 1949.

GIVEN under my Official Seal, this 5th day of March, 1956.

SEÁN MAC EOIN,

Minister for Defence.

I consent to the foregoing Scheme.

GIVEN under my Official Seal, this 6th day of March, 1956.

GERARD SWEETMAN,

Minister for Finance.