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S.I. No. 374/1993 - Defence Forces (Pensions) (Amendment) Scheme, 1993.

S.I. No. 374 of 1993.

DEFENCE FORCES (PENSIONS) (AMENDMENT) SCHEME, 1993.

ARRANGEMENT OF ARTICLES.

1. Short title, collective citation and construction.

2. Commencement.

3. Application of the Interpretation Act, 1937.

4. Amendment of Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1970.

S.I. No. 374 of 1993.

DEFENCE FORCES (PENSIONS) (AMENDMENT) SCHEME, 1993.

I, DAVID ANDREWS, 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 Short title, collective citation and construction.

1. (1) This Scheme may be cited as the Defence Forces (Pensions) (Amendment) Scheme, 1993.

(2) The Defence Forces (Pensions) Schemes, 1937 to 1991, and this Scheme shall be construed together as one Scheme and may be cited together as the Defence Forces (Pensions) Scheme, 1937 to 1993.

2 Commencement.

2. This Scheme shall be deemed to have come into operation on the 1st day of July, 1992.

3 Application of the Interpretation Act, 1937 .

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

4 Amendment of Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1970.

4. Article 6 of the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1970 ( S.I. No. 298 of 1970 ) (as amended by Article 10 of the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1972 ( S.I. No. 306 of 1972 ) and Article 7 of the Defence Forces (Pensions) (Amendment) (No. 7) Scheme, 1985 ( S.I. No. 409 of 1985 )) is hereby further amended by the substitution for paragraphs (a) and (b) of sub-article (1) of the following paragraphs:

"(a) where an officer whose pensionable service is twenty-one years or more retires on reaching the age for retirement prescribed for him in Defence Forces Regulations, he may, subject to the provisions of the Defence Forces (Pensions) Schemes, 1937 to 1993, be paid an additional gratuity of such amount as, when added to the gratuity payable to him under that Schedule, will not exceed one and one-half times the annual rate of his pay at the date of retirement;

( b ) where an officer whose pensionable service is twenty-one years or more retires voluntarily at any time within five years of reaching the age for retirement prescribed for him in Defence Force Regulations, he may, subject to the provisions of the Defence Forces (Pensions) Schemes, 1937 to 1993, be paid, in respect of each completed year of service during the relevant five-year period, an additional gratuity equal to one-third of the difference between the gratuity payable to him under that Schedule and one and one-half times the annual rate of his pay at the date of retirement; provided that the total gratuity payable to such officer shall not exceed one and one-half times the annual rate of his pay at the date of retirement;

( bb ) where an officer whose pensionable service is twenty-one years or more is retired on the grounds of mental or physical incapacity at any time within eight years of reaching the age for retirement prescribed for him in Defence Force Regulations, he may, subject to the provisions of the Defence Forces (Pensions) Schemes, 1937 to 1993, be paid, in respect of each completed year of service during the relevant eight-year period, an additional gratuity equal to one-third of the difference between the gratuity payable to him under that Schedule and one and one-half times the annual rate of his pay at the date of retirement; provided that the total gratuity payable to such officer shall not exceed one and one half times the annual rate of his pay at the date of retirement.".

GIVEN under my Official Seal, this 11th day of December, 1993.

DAVID ANDREWS,

Minister for Defence.

The Minister for Finance hereby consents to the making of the foregoing Scheme.

GIVEN under the Official Seal of the Minister for Finance, this 11th day of December, 1993.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

This statutory instrument provides for the payment of an enhanced gratuity to an officer of the Permanent Defence Force who is compulsorily retired on medical grounds in certain circumstances.