S.I. No. 145/1975 - Defence Forces (Pensions) (Amendment) Scheme, 1975.


S.I. No. 145 of 1975.

DEFENCE FORCES (PENSIONS) (AMENDMENT) SCHEME, 1975.

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 5 of No. 2 Amending Scheme of 1974.

6. Increase of retired pay of officers retiring on or after 2nd December, 1974.

7. Increase of retired pay of officers retiring on or after 2nd March, 1975.

8. Amendment of Article 6 of No. 2 Amending Scheme of 1974.

9. Increase of gratuities of married officers retiring on or after 2nd December, 1974.

10. Increase of gratuities of married officers retiring on or after 2nd March, 1975.

11. Amendment of Article 26A of the principal Scheme.

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

S.I. No. 145 of 1975.

DEFENCE FORCES (PENSIONS) (AMENDMENT) SCHEME, 1975.

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. No. 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) This Scheme may be cited as the Defence Forces (Pensions) (Amendment) Scheme, 1975.

(2) The Defence Forces (Pensions) Schemes, 1937 to 1974, and this Scheme shall be construed together and may be cited together as the Defence Forces (Pensions) Schemes, 1937 to 1975.

2 Commencement.

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. 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);

"the Amending Scheme of 1947" means the Defence Forces (Pensions) (Amendment) Scheme, 1947 (S.R. & O., No. 81 of 1947);

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

"the No. 3 Amending Scheme of 1973" means the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1973 ( S.I. No. 295 of 1973 );

"the No. 2 Amending Scheme of 1974" means the Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1974 ( S.I. No. 223 of 1974 ).

5 Amendment of Article 5 of No. 2 Amending Scheme of 1974.

5. The No. 2 Amending Scheme of 1974 is hereby amended by the substitution for Article 5 of the following Article—

"5. (1) Where retired pay is granted under Article 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 June, 1974, such pay (as increased by Article 5 of the No. 3 Amending Scheme, 1973) shall be further increased by the appropriate percentage indicated in the Table to this Article opposite the mention of such officer's retiring rank.

(2) This Article shall be deemed to have come into operation on the 2nd day of June, 1974.

TABLE

Retiring rank by reference to which retired pay was calculated

Married and Single Officers

Lieutenant-General

13%

Major-General

11%

Colonel

13%

Lieutenant-Colonel

10%

Commandant

8%

Captain

9%

Lieutenant

9%

6 Increase of retired pay of officers retiring on or after 2nd December, 1974.

6. (1) Where retired pay is granted under Article 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 December, 1974, such pay (as increased by Article 5 of the No. 2 Amending Scheme of 1974) (inserted by Article 5 of this Scheme) shall be further increased by the appropriate percentage indicated in the Table to this Article opposite the mention of such officer's retiring rank.

(2) This Article shall be deemed to have come into operation on the 2nd day of December, 1974.

TABLE.

Retiring rank by reference to which retired pay was calculated

Married and Single Officers

Lieutenant-General

6%

Major-General

6%

Colonel

6%

Lieutenant-Colonel

6%

Commandant

6%

Captain

6%

Lieutenant

7%

7 Increase of retired pay of officers retiring on or after 2nd March, 1975.

7. (1) Where retired pay is granted under Article 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 March, 1975, such pay (as increased by Article 6 of this Scheme) shall be further increased by the appropriate percentage indicated in the Table to this Article opposite the mention of such officer's retiring rank.

(2) This Article shall be deemed to have come into operation on the 2nd day of March, 1975.

TABLE

Retiring rank by reference to which retired pay was calculated

Married and Single Officers

Lieutenant-General

10%

Major-General

10%

Colonel

10%

Lieutenant-Colonel

10%

Commandant

10%

Captain

10%

Lieutenant

10%

8 Amendment of Article 6 of No. 2 Amending Scheme of 1974.

8. The No. 2 Amending Scheme of 1974 is hereby further amended by the substitution for Article 6 of the following Article—

"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 who retires or is retired on or after the 2nd day of June, 1974, such gratuity (as increased by Article 6 of the No. 3 Amending Scheme of 1973) shall be further 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 said Amending Scheme of 1947) shall have effect accordingly.

(2) In this Article and in the Table hereto "retiring rank" has the meaning assigned to it in Rule 1 (inserted by Article 19 of the Defence Forces (Pensions) (Amendment) Scheme, 1957 ( S.I. No. 152 of 1957 )) of the Fifth Schedule to the Principal Scheme.

(3) This Article shall be deemed to have come into operation on the 2nd day of June, 1974.

TABLE

Retiring Rank

Percentage

Lieutenant-General

13%

Major-General

11%

Colonel

13%

Lieutenant-Colonel

10%

Commandant

8%

Captain

9%

Lieutenant

9%

"

9 Increase of gratuities of married officers retiring on or after 2nd December, 1974.

9. (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 12nd day of December, 1974, such gratuity (as increased by Article 6 of the No. 2 Amending Scheme of 1974) (inserted by Article 8 of this Scheme) shall be further 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 said Amending Scheme of 1947) shall have effect accordingly.

(2) In this Article and in the Table hereto "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) This Article shall be deemed to have come into operation on the 2nd day of December, 1974.

TABLE.

Retiring Rank

Percentage

Lieutenant-General

6%

Major-General

6%

Colonel

6%

Lieutenant-Colonel

6%

Commandant

6%

Captain

6%

Lieutenant

7%

10 Increase of gratuities of married officers retiring on or after 2nd March, 1975.

10. (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 March, 1975, such gratuity (as increased by Article 9 of this Scheme) shall be further 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 said Amending Scheme of 1947) shall have effect accordingly.

(2) In this Article and in the Table hereto "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) This Article shall be deemed to have come into operation on the 2nd day of March, 1975.

TABLE.

Retiring Rank

Percentage

Lieutenant-General

10%

Major-General

10%

Colonel

10%

Lieutenant-Colonel

10%

Commandant

10%

Captain

10%

Lieutenant

10%

11 Amendment of Article 26A of the Principal Scheme.

11. (1) Article 26A of the Principal Scheme (inserted by Article 22 of the Amending Scheme of 1947) shall, in relation to a long-service soldier discharged on or after the 1st day of December, 1974, have effect as if—

( a ) the pension payable to him under sub-article (1) of that Article (as amended by Article 7 of the No. 2 Amending Scheme of 1974), in lieu of being payable at the rate specified in Table 1 to the said Article 7, were payable at the rate specified in Table 1 to this Article opposite the mention of his retiring rank,

( b ) the additional increase payable under sub-article (2) of that Article (as amended by Article 7 of the No. 2 Amending Scheme of 1974) in lieu of being payable at the rate specified in Table II to the said Article 7 were payable at the rate specified in Table II to this Article,

( c ) in the case of a soldier discharged on or after the 1st day of December, 1974, and before the 1st day of March, 1975, a married pension payable to him under sub-article (3) of that Article (as amended by Article 7 of the No. 2 Amending Scheme of 1974) in lieu of being payable at the rate of three pounds seventy three new pence per week, were payable at the rate of three pounds ninety-nine new pence per week,

( d ) in the case of a soldier discharged on or after the 1st day of March, 1975, such married pension, in lieu of being payable at the rate of three pounds seventy-three new pence per week, were payable at the rate of four pounds thirty-nine new pence per week.

(2) In this Article and in Table 1 hereto "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 1st day of December, 1974.

TABLE I.

Retiring Rank

Rate per week of pension in respect of 21 year's qualifying service

Discharged before 1st March, 1975

Discharged on or after 1st March, 1975

Sergeant-Major

£1611

£1772

Battalion Quartermaster-Sergeant

£1457

£1603

Company-Sergeant

£1321

£1453

Company Quartermaster-Sergeant

£1249

£1374

Sergeant

£1194

£1313

Corporal

£1136

£1250

Private

£1003

£1103

TABLEII.

Date of Discharge

Weekly rate of additional increase in respect of each year of qualifying service in excess of 21 years but not exceeding 31 years

1. On or after the 1st day of December, 1974, and before the 1st day of March, 1975

£051

2. On or after the 1st day of March, 1975

£056

12 Amendment of Article 28A of the Principal Scheme.

12. (1) Article 28A of the Principal Scheme (inserted by Article 26 of the Amending Scheme of 1947) (as amended by Article 8 of the No. 2 Amending Scheme of 1974) shall have effect as if the gratuity payable thereunder to a soldier, in lieu of being calculated by reference to the Table to the said Article 8—

( a ) were, in the case of a soldier discharged or transferred to the Reserve on or after the 1st day of December, 1974, and before the 1st day of March, 1975, 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 March, 1975, 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 December, 1974.

TABLEI.

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)

1.

Private

£1914

£3828

£5742

2.

Any rank being that of Corporal or Sergeant

£2319

£4638

£6957

3.

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

£2731

£5462

£8193

TABLE II.

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)

1.

Private

£2105

£4210

£6315

2.

Any rank being that of Corporal or Sergeant

£2551

£5102

£7653

3.

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

£3004

£6008

£9012

GIVEN under my Official Seal, this 2nd day of July, 1975.

PATRICK S. DONEGAN.

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 2nd day of July, 1975.

RICHIE RYAN.

EXPLANATORY NOTE.

This Statutory Instrument provides for increases in the amount of retirement benefits payable to certain officers of the Permanent Defence Force retiring on or after 2nd June, 1974, and in the pensions and gratuities payable to soldiers discharged or transferred to the Reserve Defence Force on or after 1st December, 1974.