S.I. No. 135/1960 - Defence Forces (Pensions) (Amendment) Scheme, 1960.


S.I. No. 135 of 1960.

DEFENCE FORCES (PENSIONS) (AMENDMENT) SCHEME, 1960.

ARRANGEMENT OF ARTICLES.

Article.

1. Short title, construction and collective citation.

2. Commencement.

3. Application of Interpretation Act, 1937.

4. Definitions.

5. Increase of retired pay of officers who retired before 2nd November, 1952.

6. Increase of retired pay of officers who retired before 2nd November, 1955.

7. Increase of pensions under Article 19 of the Principal Scheme.

8. Further increase of pensions under Article 19 of the Principal Scheme.

9. Increase of pensions of widows and children of certain deceased officers.

10. Further increase of pensions of widows and children of certain deceased officers.

11. Increase of pensions under Articles 26A and 27A of the Principal Scheme.

12. Further increase of pensions under Articles 26A and 27A of the Principal Scheme.

13. Increase of pensions of members of Army Nursing Service resigning, etc., before 2nd November, 1952.

14. Increase or pensions of members of Army Nursing Service resigning, etc., before 2nd November, 1955.

15. Increase of pensions of members of Chaplaincy Service whose services were terminated before 2nd November, 1952.

16. Increase of pensions of members of Chaplaincy Service whose services were terminated before 2nd November, 1955.

17. Amendment of Sixth Schedule to the Principal Scheme.

18. Further amendment of Sixth Schedule to the Principal Scheme.

19. Cesser of retired pay of certain officers and fresh grant.

20. Increase of retired pay of certain officers.

21. Increase of retired pay of certain officers retiring on or after 10th March, 1956.

22. Increase of retired pay of officers retiring on or after 2nd April, 1958.

23. Increase of gratuities of certain married officers retiring on or after 10th March, 1956.

24. Increase of gratuities of certain married officers retiring on or after 2nd April, 1958.

25. Increase of gratuity payable to a lieutenant general.

26. Amendment of Article 13 of the Principal Scheme.

27. Revocation of Article 23(2) of the Principal Scheme.

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

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

30. Amendment of First Schedule to the Principal Scheme.

31. Amendment of Article 17 of the Amending Scheme of 1959.

S.I. No. 135 of 1960.

DEFENCE FORCES (PENSIONS) (AMENDMENT) SCHEME, 1960.

I, CAOIMHGHÍN Ó BEOLÁIN, 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, construction and collective citation

1.—(1) This Scheme may be cited as the Defence Forces (Pensions) (Amendment) Scheme, 1960.

(2) The Defence Forces (Pensions) Schemes, 1937 to 1959, and this Scheme shall be construed together as one.

(3) The Defence Forces (Pensions) Schemes, 1937 to 1959, and this Scheme may be cited together as the Defence Forces (Pensions) Schemes, 1937 to 1960.

2 Commencement

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

4 Definitions

4. In this Scheme—

" the Principal Scheme " means the Defence Forces (Pensions) Scheme, 1937 ( S. R. & O. No. 249 of 1937 ) as amended by subsequent Schemes ;

" 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 Amending Scheme of 1956 " means the Defence Forces (Pensions) (Amendment) Scheme, 1956 ( S.I. No. 35 of 1956 ) ;

" the Amending Scheme of 1957 " means the Defence Forces (Pensions) (Amendment) Scheme, 1957 ( S.I. No. 152 of 1957 ) ;

" the Amending Scheme of 1959 " means the Defence Forces (Pensions) (Amendment) Scheme, 1959 ( S.I. No. 66 of 1959 ).

5 Increase of retired pay of officers who retired before 2nd November 1952

5.—(1) The retired pay payable under Articles 5, 6, 7, 8, 9, 9A or 10 of the Principal Scheme to an officer who retired or was retired before the 2nd day of November, 1952, shall be increased to—

(a) in the case of an officer who retired or was retired on or before the 1st day of September, 1949, whichever of the following amounts is the lesser :

(i) an amount equal to the retired pay payable to him under the Principal Scheme increased by six per cent., or

(ii) an amount equal to the retired pay which would be payable to him under the Principal Scheme if the date of his retirement had been the 2nd day of September, 1949, and his rank, service in that rank, total service and single or married status were the same as those on the actual date of his retirement increased by four per cent. ;

(b) in the case of an officer who retired or was retired after the 1st day of September, 1949, whichever of the following amounts is the lesser :

(i) an amount equal to the retired pay payable to him under the Principal Scheme increased by four per cent., or

(ii) an amount equal to the retired pay which would be payable to him under the Principal Scheme if the date of his retirement had been the 2nd day of November, 1952, and his rank, service in that rank, total service and single or married status were the same as those on the actual date of his retirement.

(2) This Article shall be deemed to have come into operation on the 1st day of August, 1959.

6 Increase of retired pay of officers who retired before 2nd November, 1955

6. The retired pay payable under Articles 5, 6, 7, 8, 9, 9A or 10 of the Principal Scheme to an officer who retired or was retired before the 2nd day of November, 1955, shall, with effect from the 1st day of August, 1960, be increased to—

(a) in the case of an officer who retired or was retired on or before the 1st day of September, 1949, whichever of the following amounts is the lesser :

(i) an amount equal to the retired pay payable him to under the Principal Scheme, as amended by Article 5 of this Scheme, increased by seven and one-half per cent., or

(ii) an amount equal to the retired pay which would be payable to him under the Principal Scheme, as amended by Article 5 of this Scheme, if the date of his retirement had been the 2nd day of September, 1949, and his rank, service in that rank, total service and single or married status were the same as those on the actual date of his retirement increased by five per cent. ;

(b) in the case of an officer who retired or was retired after the 1st day of September, 1949, an amount equal to the retired pay payable to him under the Principal Scheme, or under the Principal Scheme as amended by Article 5 of this Scheme, increased by five per cent.

7 Increase of pensions under Article 19 of the Principal Scheme

7.—(1) Every pension payable under Article 19 of the Principal Scheme shall be increased by six per cent.

(2) This Article shall be deemed to have come into operation on the 1st day of August, 1959.

8 Further increase of pensions under Article 19 of the Principal Scheme

8. Every pension payable under Article 19 of the Principal Scheme as amended by Article 7 of this Scheme shall, with effect from the 1st day of August, 1960, be increased by seven and one-half per cent.

9 Increase of pensions of widows and children of certain deceased officers

9.—(1) Sub-article (1) of Article 20 of the Principal Scheme shall have effect as if for the Table thereto (inserted by Article 11 of the Amending Scheme of 1957) there were substituted the following—

" TABLE TO ARTICLE 20 (1)

Rank

Amount of pension

£

s.

d.

Second Lieutenant or Lieutenant

82

0

0

Captain

100

10

0

Commandant

118

10

0

Major or Lieutenant Colonel

135

0

0

Colonel

160

0

0

Major General or higher rank

178

0

0

"

(2) Every child's pension payable under sub-article (2) of Article 20 of the Principal Scheme shall be increased by six per cent.

(3) This Article shall be deemed to have come into operation on the 1st day of August. 1959.

10 Further increase of pensions of widows and children of certain deceased officers

10.—(1) Sub-article (1) of Article 20 of the Principal Scheme shall, from the 1st day of August, 1960, have effect as if for the Table thereto (inserted by Article 9 of this Scheme) there were substituted the following—

" TABLE TO ARTICLE 20 (1)

Rank

Amount of pension

£

s.

d.

Second Lieutenant or Lieutenant

88

0

0

Captain

108

0

0

Commandant

127

10

0

Major or Lieutenant Colonel

145

0

0

Colonel

172

0

0

Major General or higher rank

191

10

0

"

(2) Every child's pension payable under sub-article (2) of Article 20 of the Principal Scheme as amended by paragraph (2) of Article 9 of this Scheme shall, with effect from the 1st day of August, 1960, be increased by seven and one-half per cent.

11 Increase of pensions under Articles 26A and 27A of the Principal Scheme

11.—(1) The pension (including married pension) payable under Article 26A or Article 27A of the Principal Scheme (inserted, respectively, by Article 22 and Article 24 of the Amending Scheme of 1947) to a soldier discharged before the 1st day of November, 1952, shall be increased to the amount specified in sub-paragraph (a) of this paragraph which is applicable in his case or the amount specified in sub-paragraph (b) of this paragraph, whichever is the lesser :

(a)(i) in the case of a soldier discharged before the 1st day of September, 1949, an amount equal to the pension payable to him under the said Article 26A or Article 27A, as the case may be, increased by six per cent.,

(ii) in the case of a soldier discharged on or after the 1st day of September, 1949, an amount equal to the pension payable to him under the said Article 26A or Article 27A, as the case may be, increased by four per cent., or

(b) the amount which would be payable to him under the said Article 26A or Article 27A as the case may be, if the date of his discharge had been the 1st day of November, 1952, and his rank, service in that rank, total service and single or married status were the same as those on the date of his actual discharge.

(2) This Article shall be deemed to have come into operation on the 1st day of August, 1959.

12 Further increase of pensions under Articles 26A and 27A of the Principal Scheme

12. The pension (including married pension) payable under Article 26A or Article 27A of the Principal Scheme (inserted, respectively, by Article 22 and Article 24, of the Amending Scheme of 1947) to a soldier discharged before the 1st day of November, 1955, shall with effect from the 1st day of August, 1960, be increased to the amount specified in paragraph (a) or (b) of this Article, whichever is applicable in his case :

(a) in the case of a soldier discharged before the 1st day of September, 1949, an amount equal to the pension payable to him under the said Article 26A or Article 27A, as the case may be, as amended by Article 11 of this Scheme, increased by seven and one-half per cent.

(b) in the case of a soldier discharged on or after the 1st day of September, 1949, an amount equal to the pension payable to him under the said Article 26A or Article 27A, as the case may be, or under the said Article 26A or Article 27A, as the case may be, as amended by Article 11 of this Scheme, increased by five per cent.

13 Increase of pensions of members of Army Nursing Service resigning, etc. before 2nd November, 1952

13.—(1) The pension payable under Part IV of the Principal Scheme to a member of the Army Nursing Service who resigned or whose services were terminated with effect from a date prior to the 2nd day of November, 1952, shall be increased to the amount specified in sub-paragraph (a) of this paragraph which is applicable in her case or the amount specified in sub-paragraph (b) of this paragraph, whichever is the lesser :

(a) (i) in the case of a member who resigned or whose services were terminated with effect from a date prior to the 2nd day of September, 1949, an amount equal to the pension payable to her under the said Part IV increased by six per cent.,

(ii) in the case of a member who resigned or whose services were terminated with effect from the 2nd day of September, 1949, or a day subsequent to that date, an amount equal to the pension payable to her under the said Part IV increased by four percent. ; or

(b) the amount which would be payable to such member under the said Part IV if the effective date of her resignation or of the termination of her services had been the 2nd day of November, 1952, and her rank, service in that rank and total service were the same as those on the actual effective date of her resignation or of the termination of her services.

(2) This Article shall be deemed to have come into operation on the 1st day of August, 1959.

14 Increase of pensions of members of Army Nursing Service resigning, etc., before 2nd November, 1955

14. The pension payable under Part IV of the Principal Scheme to a member of the Army Nursing Service who resigned or whose services were terminated with effect from a date prior to the 2nd day of November, 1955, shall, with effect from the 1st day of August, 1960, be increased to the amount specified in paragraph (a) or (b) of this Article, whichever is applicable in her case :

(a) in the case of a member who resigned or whose services were terminated with effect from a date prior to the 2nd day of September, 1949, an amount equal to the pension payable to her under the said Part IV, as amended by Article 13 of this Scheme, increased by seven and one-half per cent.,

(b) in the case of a member who resigned or whose services were terminated with effect from the 2nd day of September, 1949, or a day subsequent to that date, an amount equal to the pension payable to her under the said Part IV, or under the said Part IV as amended by Article 13 of this Scheme, increased by five per cent.

15 Increase of pensions of memebers of Chaplaincy Service whose services were before 2nd November, 1952.

15.—(1) The pension payable under Part IVA of the Principal Scheme (inserted by Article 12 of the Amending Scheme of 1949) to a member of the Chaplaincy Service whose services were terminated with effect from a date prior to the 2nd day of November, 1952, shall be increased to the amount specified in sub-paragraph (a) of this paragraph which is applicable in his case or the amount specified in sub-paragraph (b) of this paragraph, whichever is the lesser :

(a) (i) in the case of a member whose services were terminated with effect from a date prior to the 2nd day of September, 1949, an amount equal to the pension payable to him under the said Part IVA increased by six per cent.,

(ii) in the case of a member whose services were terminated with effect from the 2nd day of September, 1949, or a day subsequent to that date, an amount equal to the pension payable to him under the said Part IVA increased by four per cent. ; or

(b) the amount which would be payable to him under the said Part IVA if the effective date of the termination of his services had been the 2nd day of November, 1952, and his grade of appointment, service in that grade and total service were the same as those on the actual effective date of the termination of his services.

(2) This Article shall be deemed to have come into operation on the 1st day of August, 1959.

16 Increase of pensions of members of Chaplaincy Service whose services were terminated before 2nd November, 1955

16. The pension payable under Part IVA of the Principal Scheme (inserted by Article 12 of the Amending Scheme of 1949) to a member of the Chaplaincy Service whose services were terminated with effect from a date prior to the 2nd day of November, 1955, shall, with effect from the 1st day of August, 1960, be increased to the amount specified in paragraph (a) or (b) of this Article, whichever is applicable in his case :

(a) in the case of a member whose services were terminated with effect from a date prior to the 2nd day of September, 1949, an amount equal to the pension payable to him under the said Part IVA, as amended by Article 15 of this Scheme, increased by seven and one-half per cent.,

(b) in the case of a member whose services were terminated with effect from the 2nd day of September, 1949, or a day subsequent to that date, an amount equal to the pension payable to him under the said Part IVA, or under the said Part IVA as amended by Article 15 of this Scheme, increased by five per cent.

17 Amendment o Sixth Schedule to the Principal Scheme

17.—(1) For the purposes of the Sixth Schedule to the Principal Scheme " the hypothetical maximum (civil) pension " in relation to a person who retired from the Civil Service or the Gárda Síochána before the 1st day of November, 1952, shall, notwithstanding Rule I of that Schedule, mean an amount equal to two-thirds of the pensionable salary of which such person was in receipt at the date of such retirement increased by six per cent., together with four per cent. of the aggregate of such amount and such six per cent.

(2) Paragraph (1) of Article 20 of the Amending Scheme of 1957 is hereby revoked.

(3) This Article shall be deemed to have come into operation on the 1st day of August, 1959.

18 Further amendment of Sixth Schedule to the Principal Scheme

18. For the purposes of the Sixth Schedule to the Principal Scheme " the hypothetical maximum (civil) pension " in relation to a person who retired from the Civil Service or the Gárda Síochána before the 1st day of November, 1955, shall, with effect from the 1st day of August, 1960, and notwithstanding Rule I of that Schedule, mean the amount prescribed in paragraph (1) of Article 17 of this Scheme increased by five per cent.

19 Cesser of retired pay of certain officers and fresh grant

19.—(1) This Article applies to an officer who—

(a) was granted retired pay under the Principal Scheme and in whose case service in the National Army prior to the 1st day of October, 1923, was, for the purpose of the computing of the amount of such retired pay, counted towards pensionable service, and

(b) was subsequently granted a military service pension.

(2) The retired pay payable under the Principal Scheme to an officer to whom this Article applies shall cease to be payable and there may, subject to the provisions of the Principal Scheme, as modified by paragraph (3) of this Article, be granted to such officer retired pay of an amount computed in accordance with the provisions of the Second Schedule or the Fourth Schedule to that Scheme (whichever is applicable in his case).

(3) Pensionable service for the purpose of the computing of the amount of the retired pay to be granted to an officer under paragraph (2) of this Article shall be computed in accordance with the rules contained in the First Schedule to the Principal Scheme, subject to the modification that any period of service in the National Army prior to the 1st day of October, 1923, shall not count towards pensionable service.

(4) The provisions of the Defence Forces (Pensions) Schemes, 1937 to 1959, which, immediately before the 1st day of August, 1959, had effect in relation to the retired pay granted under the Principal Scheme to an officer to whom this Article applies shall have effect in relation to retired pay granted to such officer under paragraph (2) of this Article.

(5) The amount of the retired pay which shall be payable to an officer under this Article shall be the amount of the retired pay payable to him by virtue of paragraphs (2) and (4) of this Article with the addition of—

(a) if he retired or was retired on or before the 1st day of September, 1949, six per cent. of that amount,

(b) if he retired or was retired after the 1st day of September, 1949, four per cent. of that amount.

(6) The preceding provisions of this Article shall be deemed to have come into operation on the 1st day of August, 1959.

(7) Any payments of retired pay under the Principal Scheme made in respect of any period which commenced on or after the 1st day of August, 1959, to an officer to whom this Article applies shall be deemed to be payments on foot of the retired pay payable to such officer under this Article.

20 Increase of retired pay of certain officers

20. The amount of the retired pay which shall be payable to an officer to whom Article 19 of this Scheme applies shall, with effect from the 1st day of August, 1960, be the amount of the retired pay payable to him by virtue of paragraph (5) of that Article with the addition of—

(a) if he retired or was retired on or before the 1st day of September, 1949, seven and one-half per cent. of that amount,

(b) if he retired or was retired after the 1st day of September, 1949, five per cent. of that amount.

21 Increase of retired pay of certain officers retiring on or after 10th March, 1956

21.—(1) Where retired pay is granted under Articles 5 or 10 of the Principal Scheme to a married officer whose retiring rank is Captain and who retired on or after the 10th day of March, 1956, such pay shall be increased by 91 per cent.

(2) In this Article " retiring rank " has the meaning assigned to it in Rule 1 (inserted by Article 19 of the Amending Scheme of 1957) of the Fifth Schedule to the Principal Scheme.

(3) 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, Article 4 of the Amending Scheme of 1953 or Article 4 of the Amending Scheme of 1956 but in relation to an officer who—

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

(b) did 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 that sub-article.

(4) Article 4 of the Amending Scheme of 1956 shall not apply to an officer to whom this Article applies, and any payments made in respect of the increase granted under that Article 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 10th day of March, 1956.

22 Increase of retired pay of officers retiring on or after 2nd April, 1958

22.—(1) Where retired pay is granted under Articles 5, 6, 7, 8, 9, 9A, 10 or 10A of the Principal Scheme to an officer who retires or is retired on or after the 2nd day of April, 1958, 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 purpose of this Article " retired pay " shall be deemed not to include any increase granted under Article 14 of the Amending Scheme of 1947, Article 4 of the Amending Scheme of 1953, Article 4 of the Amending Scheme of 1956 or Article 21 of this Scheme 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 that sub-article.

(3) Article 4 of the Amending Scheme of 1956 and Article 21 of this Scheme shall not apply to an officer to whom this Article applies, and any payments made in respect of the increases granted under those Articles shall be deemed to be payments on foot of the increase granted by this Article.

(4) Article 5 of the Amending Scheme of 1959 shall cease to have effect.

(5) This Article shall be deemed to have come into operation on the 2nd day of April, 1958.

TABLE

Retiring rank by reference to which retired pay was calculated

Married Officer

Single Officer

Retirement before 16th December, 1959

Retirement on or after 16th December, 1959

Retirement before 16th December, 1959

Retirement on or after 16th December, 1959

Major-General

92%

106%

85%

99%

Colonel

98%

113%

94%

110%

Lieutenant-Colonel

92%

108%

80%

96%

Commandant

79%

90%

69%

81%

Captain

96%

109%

90%

103%

Lieutenant

77%

89%

75%

89%

Retirement on 1st January, 1960

Lieutenant-General

98%

23 Increase of gratuities of certain married officers retiring on or after 10th March, 1956

23.—(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 Captain and who retired on or after the 10th day of March, 1956, such gratuity shall be increased by 91 per cent.

(2) In this Article " retiring rank " has the meaning assigned to it in Rule 1 (inserted by Article 19 of the Amending Scheme of 1957) 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 or Article 5 of the Amending Scheme of 1956.

(4) Article 5 of the Amending Scheme of 1956 shall not apply to an officer to whom this Article applies, and any payments made in respect of the increase granted under that Article 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 10th day of March, 1956.

24 Increase of gratuities of certain married officers retiring on or after 2nd April, 1958

24.—(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 who retires or is retired on or after the 2nd day of April, 1958, 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 " retiring rank " has the meaning assigned to it in Rule 1 (inserted by Article 19 of the Amending Scheme of 1957) 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, Article 5 of the Amending Scheme of 1956 or Article 23 of this Scheme.

(4) Article 5 of the Amending Scheme of 1956 and Article 23 of this Scheme shall not apply to an officer to whom this Article applies, and any payments made in respect of the increases granted under those Articles shall be deemed to be payments on foot of the increase granted by this Article.

(5) Article 6 of the Amending Scheme of 1959 shall cease to have effect.

(6) This Article shall be deemed to have come into operation on the 2nd day of April, 1958.

TABLE

Retiring Rank

Retirement before 16th December, 1959

Retirement on or after 16th December, 1959

Major-General

92%

106%

Colonel

98%

113%

Lieutenant-Colonel

92%

108%

Commandant

79%

90%

Captain

96%

109%

Lieutenant

77%

88%

25 Increase of gratuity payable to a lieutenant general

25.—(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 on the 1st day of January, 1960, such gratuity shall be increased by 23 per cent.

(2) In this Article " retiring rank " has the meaning assigned to in it Rule 1 (inserted by Article 19 of the Amending Scheme of 1957) of the Fifth Schedule to the Principal Scheme.

(3) This Article shall be deemed to have come into operation on the 31st day of December, 1959.

26 Amendment of Article 18 of the Principal Scheme

26.—(1) Article 13 of the Principal Scheme is hereby amended by the substitution for subparagraph (i) of paragraph (a) of sub-article (1) (inserted by sub-article (1) of Article 13 of the Amending Scheme of 1947) of the following subparagraph:

" (i) in case such officer is serving in the Army Medical Corps as a Medical Officer or a Dental Officer, 20 per cent."

(2) Article 13 of the Principal Scheme is hereby also amended by the substitution for sub-article (4) (inserted by sub-article (2) of Article 13 of the Amending Scheme of 1947) of the following sub-article :

" (4) Each of the following shall be a special service officer for the purposes of this Article, that is to say :—

(a) an officer who is serving in an appointment for his particular qualifications and who is in receipt of a special rate of pay in excess of the regimental rate of pay for an officer of his rank and who is—

(i) a Medical Officer, or

(ii) a Dental Officer, or

(iii) a Legal Officer or an officer serving in the Legal Branch of the Office of the Adjutant General or as a Registrar to a Special Criminal Court (being, in each case, a barrister-at-law or a solicitor), or

(iv) an Engineer Officer (including an Aeronautical Engineer) a Signal Officer or an Ordnance Officer being—

(I) in each case, an officer who is required, as a condition of his appointment to be an officer, to hold a University Degree in Engineering or a University Degree in Architecture or to be a member of the Royal Institute of Architects of Ireland or to be a corporate member of the Institution of Civil Engineers of Ireland or of the Institution of Electrical Engineers (having been elected to corporate membership of either institution as a result of passing the examination prescribed and conducted by such Institution), or

(II) in the case of a Signal Officer or an Ordnance Officer, to hold a University Degree in Science, or

(v) a Veterinary Officer, or

(vi) a Pharmaceutical Chemist ;

(b) an officer of the Army School of Music who is serving in the appointment of Director or Assistant Director or who is employed as a Band Conductor and who is at the date of his retirement, and was for not less than five years immediately preceding that date, in receipt of additional pay ;

(c) an officer of the Air Corps or of the Air Squadron, Signal Corps who is at the date of his retirement and was, for not less than five years immediately preceding that date, in receipt of flying pay."

27 Revocation of Article 23 (2) of the Principal Scheme

27. Sub-article (2) of Article 23 of the Principal Scheme is hereby revoked.

28 Amendment of Article 26A of the Principal Scheme

28.—(1) Article 26A of the Principal Scheme (inserted by Article 22 of the Amending Scheme of 1947) shall, as respects a long-service soldier discharged on or after the 15th day of December, 1959, have effect as if—

(a) the pension payable to him under sub-article (1) of that Article, as amended by Article 12 of the Amending Scheme of 1959, in lieu of being payable at the rate specified in the Table to the said Article 12, were payable at the rate specified in the Table to this Article opposite the mention of his retiring rank,

(b) a married pension payable to him under sub-article (3) of that Article, as amended by the said Article 12, in lieu of being payable at the rate of twelve shillings per week, were payable at the rate of thirteen shillings and three-pence per week.

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

(3) This Article shall be deemed to have come into operation on the 15th day of December, 1959.

TABLE

Retiring rank

Rate per week of pension in respect of 21 years' qualifying service

s.

d.

Sergeant-Major

55

0

Battalion Quartermaster-Sergeant

50

0

Company-Sergeant

46

0

Company Quartermaster-Sergeant

43

6

Sergeant

40

0

Corporal

36

6

Private

30

0

29 Amendment of Article 28A of the Principal Scheme

29.—(1) Article 28A of the Principal Scheme (inserted by Article 26 of the Amending Scheme of 1947) as amended by Article 14 of the Amending Scheme of 1959 shall, as respects a soldier discharged or transferred to the Reserve on or after the 15th day of December, 1959, have effect as if the gratuity payable thereunder to such soldier, in lieu of being calculated by reference to the Table to the said Article 14, were calculated by reference to the Table to this Article.

(2) This Article shall be deemed to have come into operation on the 15th day of December, 1959.

TABLE

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 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

(1)

(2)

(3)

(4)

(5)

£

s.

d.

£

s.

d.

£

s.

d.

1.

Private

2

17

0

5

15

0

8

8

0

2.

Any rank being that of Corporal or Sergeant

3

16

0

7

12

0

11

8

0

3.

Any rank being that of Company Quartermaster-Sergeant, Company-Sergeant, Battalion Quartermaster-Sergeant or Sergeant-Major

4

14

0

9

8

0

14

2

0

30 Amendment of First Schedule to the Principal Scheme

30. The First Schedule to the Principal Scheme is hereby amended by the insertion in Rule 1 of the following sub-rule :

" (6) (a) Where—

(i) an officer of the Reserve of Officers is appointed to commissioned rank in the Forces, and

(ii) such officer served before the 3rd day of September, 1939, as an officer, non-commissioned officer or volunteer in the Volunteer Reserve or in an Officers' Training Corps authorised to be established by a Defence Force Regulation made on the 28th day of November, 1929, under the Defence Forces (Temporary Provisions) Acts, 1923 to 1929, and

(iii) for the purposes of the age limits for such appointment, such officer was allowed to deduct from his actual age a period equal to portion of the time during which he so served in the Volunteer Reserve or such Officers' Training Corps,

then, the period so deducted shall be deemed to be pensionable service in the Forces.

(b) Paragraph (a) of this sub-rule shall be deemed to have come into operation on the 1st day of December, 1959."

31 Amendment of Article 17 of the Amending Scheme of 1959

31. Article 17 of the Amending Scheme of 1959 is hereby amended by the addition of the following paragraph :

" (3) Where—

(a) a married pension is payable to any person who, solely by reason of his having an adopted child, is a married man for the purposes of the Principal Scheme, and

(b) such adopted child is in receipt of an allowance which is payable out of moneys provided by the Oireachtas or out of the funds of a local authority or of any other body established by statute, and

(c) such allowance is payable by reason of services rendered by the child's natural father or by his mother, being services which were remunerated out of such moneys or funds,

the following provisions shall have effect—

(i) if the amount per annum of such allowance equals or exceeds the amount per annum of such pension, such pension shall not be payable while such allowance continues to be payable,

(ii) if the amount per annum of such allowance is less than the amount per annum of such pension, the amount of such pension which shall be payable shall, while such allowance continues to be paid, be an amount equal to the difference between the amount per annum of such allowance and the amount per annum of such pension."

GIVEN under my Official Seal, this 29th day of June, 1960.

CAOIMHGHÍN Ó BEOLÁIN,

Aire Cosanta.

The Minister for Finance hereby consents to the foregoing scheme.

GIVEN under the Official Seal of the Minister for Finance, this 29th day of June, 1960.

SÉAMAS Ó RIAIN.

EXPLANATORY NOTE.

This statutory instrument provides for increases in the amount of retirement benefits payable to certain officers of the Permanent Defence Force and in the pensions or gratuities payable to soldiers discharged or transferred to the Reserve Defence Force. It also extends and amends in other respects the Defence Forces (Pensions) Schemes 1937 to 1959.