S.I. No. 231/1974 - Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1974

S.I. No. 231 of 1974.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (NO. 3) SCHEME, 1974.

ARRANGEMENT OF ARTICLES.

Article

1. Short title, collective citation and construction.

2. Commencement.

3. Application of Interpretation Act, 1937.

4. Definitions.

5. Amendment of Article 11 of the Principal Scheme.

6. Amendment of Article 5 of the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1972.

S.I. No. 231 of 1974.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (NO. 3)

SCHEME, 1974.

I, PÁDRAIG S. Ó DONNAGÁIN, 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. 294 of 1973) hereby, with the consent of the Minister for the Public Service, make the following Scheme:

1 Short title, collective citation and construction.

1.

1.—(1) This Scheme may be cited as the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1974.

• (2) The collective citation, the Defence Forces (Pensions) Schemes, 1937 to 1974, shall include this Scheme.

• (3) The Defence Forces (Pensions) Schemes, 1937 to 1974, shall be construed together as one Scheme.

2 Commencement.

2.

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

3 Application of Interpretation Act, 1937 .

3.

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

4 Definitions.

4.

4. 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).

5 Amendment of Article 11 of Principal Scheme.

5.

5.—(1) Article 11 of the Principal Scheme (inserted by Article 9 of the Amending Scheme of 1947) is hereby amended by the substitution for sub-article (2) (inserted by Article 6 of the Defence Forces (Pensions) (Amendment) Scheme, 1953 ( S.I. No. 259 of 1953 )), of the following sub-article—

• "(2) This Article applies to an officer who, on the day before the date of his retirement, was a married officer within the meaning of Defence Force Regulations relating to the pay of officers which were in force on the day before the date of his retirement."

• (2) This Article shall be deemed to have come into operation on the 1st January, 1973.

6 Amendment of Article 5 of Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1972.

6.

6. —(1) Article 5 of the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1972 ( S.I. No. 306 of 1972 ), is hereby amended by the substitution for sub-article (1) of the following sub-article—

• "(1) Notwithstanding anything contained in Article 11A of the Principal Scheme (inserted by Article 10 of the Amending Scheme of 1947) or in Article 20 of the Defence Forces (Pensions) (Amendment) Scheme, 1949 ( S.I. No. 209 of 1949 ),

• (a) where an officer whose pensionable service is five years or more dies while serving in the Forces, there may be paid to a relative of such officer a gratuity of—

• (i) a sum equal to the gratuity payable under the said Article 11A or the said Article 20, as the case may be, or

• (ii) a sum equal to the aggregate of 365 days of his daily pay at the date of his death, increased, where appropriate, by one-thirtieth of his annual pay at the date of his death for each year of his pensionable service in excess of 30 years but not exceeding 45 years,

whichever is the greater;

• (b) where a special service officer to whom paragraph 14 (3) (a) of Part III of Defence Force Regulations A15 applies, continues to serve in the Forces beyond the retiring age prescribed by the said Regulations for a line officer of similar rank and description and dies at any time while so serving, there may be paid to a relative of such officer a gratuity equal to one and one-half times the annual rate of his pay at the date of his death."

• (2) This Article shall be deemed to have come into effect on 1st day of January, 1973.

GIVEN under my Official Seal, this 22nd day of July, 1974.

PÁDRAIG S. Ó DONNAGÁIN.

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 22nd

day of July, 1974.

RICHIE RYAN.

EXPLANATORY NOTE.

This statutory instrument provides for increases in the death benefits payable in respect of certain deceased officers of the Permanent Defence Force. It also amends the conditions governing the grant of a married officer's gratuity.