S.I. No. 245/1979 - Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1979

S.I. No. 245 of 1979.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (NO. 2) SCHEME, 1979.

ARRANGEMENT OF ARTICLES.

Article

1. Short title, collective citation and construction.

2. Commencement.

3. Application of the Interpretation Act, 1937.

4. Retired pay of certain officers.

S.I. No. 245 of 1979.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (NO. 2) SCHEME, 1979.

I, ROBERT MOLLOY, 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 ), and the Public Service (Delegation of Ministerial Functions) Order, 1978 ( S.I. No. 117 of 1978 ) hereby, with the consent of the Minister of State at the Department of 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. 2) Scheme, 1979.

• (2) The collective citation, the Defence Forces (Pensions) Schemes, 1937 to 1979, shall include this Scheme.

• (3) The Defence Forces (Pensions) Schemes, 1937 to 1979, shall be construed together as one Scheme.

2 Commencement

2.

2. This Scheme shall come into force on the day after the date on which it is made.

3 Application of Interpretation Act, 1937 .

3.

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

4 Retired pay of certain officers.

4.

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.

• (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, or Officer Commanding a Command 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.

GIVEN under my Official Seal, this 20th day of July 1979.

ROBERT MOLLOY.

The Minister of State at the Department of the Public Service hereby consents to the foregoing Scheme.

GIVEN under my hand, this 20th day of July, 1979.

RAY MacSHARRY.

EXPLANATORY NOTE.

This statutory instrument provides rates of retired pay for certain officers of the Permanent Defence Forces.