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) This Scheme may be cited as the Defence Forces (Pensions) (Amendment) Scheme, 1978.

(2) The Defence Forces (Pensions) Schemes, 1937 to 1977, and this Scheme shall be construed together and may be cited together as the Defence Forces (Pensions) Scheme, 1937 to 1978.

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 No. 3 Amending Scheme of 1972" means the Defence Forces (Pensions) (Amendment) Scheme, 1972 ( S.I. No. 306 of 1972 );

"the Amending Scheme of 1977" means the Defence Forces (Pensions) (Amendment) Scheme, 1977 ( S.I. No. 218 of 1977 ).

5 Increase of retired pay of officers retiring on or after 2nd day of November, 1977.

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 November, 1977, such pay (as increased by Article 5 of the Amending Scheme of 1977) 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 November, 1977.

TABLE.

Retiring Rank by reference to which retired pay was calculated.	Percentage.
	Retirement on or after 2nd day of November, 1977.
Lieutenant-General	2%
Major-General	2·3%
Colonel	2·8%
Lieutenant-Colonel	3·3%
Commandant	3·4%
Captain	3·5%
Lieutenant	3·6%

6 Increase of gratuities of married officers retiring on or after 2nd day of November, 1977.

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 November, 1977, such gratuity (as increased by Article 6 of the Amending Scheme of 1977) 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 November, 1977.

TABLE.

Retiring Rank.	Percentage.
Retirement on or after 2nd day of November, 1977.
Lieutenant-General	2%
Major-General	2·3%
Colonel	2·8 %
Lieutenant-Colonel	3·3%
Commandant	3·4%
Captain	3·5%
Lieutenant	3·6%

7 Increase of retired pay certain single officers retiring on or after 2nd July, 1977.

7. (1) The retired pay granted under Article 5, 6, 7, 8, 9, 9A, 10 or 10A of the Principal Scheme to a single officer of the rank of Lieutenant-Colonel or higher rank, who retires or is retired on or after the 2nd day of July, 1977, shall be the rate of retired pay which would be payable to him under the Schemes, if he had been a married officer at the date of his retirement.

(2) This Article shall be deemed to have come into operation on the 2nd day of July, 1977.

8 Gratuities to single officers retiring on or after 2nd July, 1977.

8. (1) Notwithstanding anything contained in Article 11 of the Principal Scheme (inserted by Article 9 of the Amending Scheme of 1947), where a grant of retired pay is made under Article 5, 6, 7, 8, 9, 9A, 10 or 10A of the Principal Scheme to a single officer, who retires or is retired on or after the 2nd day of July, 1977, such officer may also be paid a gratuity equal to the gratuity which would be payable to him under Article 11 of the Principal Scheme (inserted by Article 9 of the Amending Scheme of 1947), if he had been a married officer at the date of his retirement.

(2) For purposes of Article 5 (1) (a) of the No. 3 Amending Scheme of 1972, a gratuity under this Article shall be deemed to be a gratuity payable under Article 11A of the Principal Scheme (inserted by Article 10 of the Amending Scheme of 1947).

(3) This Article shall be deemed to have come into operation on the 2nd day of July, 1977.

9 Amendment of Article 26A of the Principal Scheme.

9. (1) The Principal Scheme shall be construed and have effect as if the following Article were substituted for Article 26A (inserted by Article 22 of the Amending Scheme of 1947) (as amended by Article 7 of the Amending Scheme of 1977) :

"26A. (1) Subject to the provisions of this Scheme there may be granted to any long-service soldier who is discharged on or after the 1st day of November, 1977, and whose qualifying service is 21 years or more, a pension at the rate per week specified in Table I to this Article opposite the mention of his retiring rank.

(2) Where—

( a ) a soldier is permitted to extend his service in the Forces beyond 21 years service, and

( b ) such soldier's qualifying service is 22 years or more, and

( c ) such soldier is granted a pension under sub-article (1) of this Article,

Table I to this Article shall have effect as if the weekly sum set out in the appropriate column of the said Table opposite the mention of his retiring rank were increased, in respect of each year of his qualifying service in excess of twenty-one years but not in excess of thirty-one years, by £0.05 plus an additional increase at the rate specified in Table II to this Article.

(3) In the case of a soldier who is discharged before the 1st day of August, 1978, the additional increase specified in Table II to this Article shall cease to be payable when he reaches the age of 70 years or becomes otherwise entitled to a retirement pension under the Social Welfare Acts.

(4) Notwithstanding anything contained in sub-article (3) of this Article, the additional increase specified in Table II to this Article shall continue to be payable when a soldier reaches the age of 70 years if, without his own default, he fails to qualify for a contributory old age pension under the Social Welfare Acts.

(5) In the case of a soldier who is discharged on or after the 1st day of August, 1978, the additional increase specified in Table II to this Article shall cease to be payable when he reaches the age prescribed for a contributory old age pension or becomes otherwise entitled to a retirement pension under the Social Welfare Acts.

(6) Notwithstanding anything contained in sub-article (5) of this Article, the additional increase specified in Table II to this Article shall continue to be payable when a soldier reaches the age prescribed for a contributory old age pension if, without his own default, he fails to qualify for a contributory old age pension under the Social Welfare Acts.

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

TABLE I.

Retiring Rank.	Rate per week of pension in respect of 21 years qualifying service.
Discharge on or after 1st day of November, 1977.
Sergeant-Major	£33·18
Battalion Quartermaster-Sergeant	£30·66
Company Sergeant	£28·62
Company Quartermaster Sergeant	£27·41
Sergeant	£26·17
Corporal	£25·19
Private	£23·01

TABLE II.

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.
On or after 1st day of November, 1977.	£0·84

(2) This Article shall be deemed to have come into operation on the 1st day of November, 1977.

10 Amendment of Article 28A of the Principal Scheme.

10. (1) Article 28A of the Principal Scheme (inserted by Article 26 of the Amending Scheme of 1947) (as amended by Article 8 of the Amending Scheme of 1977) shall have effect as if the gratuity payable thereunder to a soldier, in lieu of being calculated by reference to the Tables to the said Article 8 were calculated by reference to the Table to this Article.

(2) This Article shall be deemed to have come into operation on the 1st day of November, 1977.

TABLE.

Ref. No.	Retiring Rank.	Rate for each year of qualifying service where the total qualifying service is less than 7 years.	Rate for each year of qualifying service where the total qualifying service is not less than 7 years but is less than 13 years.	Rate for each year of qualifying service where the total qualifying service is not less than 13 years but is less than 21 years.
(1)	(2)	(3)	(4)	(5)
1.	Private	£31·23	£62·46	£93·69
2.	Any rank being that of Corporal or Sergeant	£38·10	£76·20	£114·30
3.	Any rank being that of Company Quartermaster-Sergeant, Company-Sergeant, Battalion Quartermaster-Sergeant or Sergeant-Major.	£45·22	£90·44	£135·66

11 Amendment of Article 12 of the Principal Scheme.

11. (1) Article 12 of the Principal Scheme, as amended by Article 10 of the Amending Scheme of 1977, is hereby amended by—

( a ) the deletion, in sub-article (1) of the words "in the case of a single officer, twenty-one days and in the case of a married officer,"

( b ) the deletion, in sub-article (2) of the words "in the case of a single officer, thirty-two days and in the case of a married officer,"

( c ) the deletion, in sub-article (3) of the words "in the case of a single officer, thirty-two days and in the case of a married officer,"

and the said Article 12, as so amended, is set out in the Table to this Article.

(2) This Article shall be deemed to have come into operation on the 2nd day of July, 1977.

TABLE.

12. (1) Where an officer whose pensionable service is five years or more but less than twelve years retires voluntarily, there may, subject to the provisions of this Scheme, be granted to such officer a gratuity of an amount equal to twenty days of his daily pay at the date of his retirement for each year of pensionable service.

(2) Where an officer whose pensionable service is one year or more but less than ten years is retired on the grounds of permanent infirmity of body or mind, there may, subject to the provisions of this Scheme, be granted to such officer a gratuity of an amount equal to thirty days of his daily pay at the date of his retirement for each year of pensionable service.

(3) Where an officer whose pensionable service is five years or more and less than twelve years is compulsorily retired for any cause (other than age, misconduct, inefficiency or mental or physical incapacity) there may, subject to the provisions of this Scheme, be granted to such officer a gratuity of an amount equal to thirty days of his daily pay at the date of his retirement for each year of pensionable service.

(4) For the purposes of this Article, the pay of an officer at the date of his retirement shall be determined in accordance with the following provisions, that is to say:—

( a ) in case he had at the said date, either five years' pensionable service in the rank held by him at the said date or less than five years' pensionable service in such rank but was reduced to such rank within five years from the said date, the following provisions shall have effect, that is to say:—

(i) his pay at the said date shall be taken to be his actual pay at the said date;

(ii) if he was at the said date and had been for five years immediately preceding it in receipt of additional pay, his pay at the said date shall be taken to include such additional pay;

( b ) in any other case, the following provisions shall have effect, that is to say: —

(i) his notional retiring rank for the purposes of this paragraph shall be taken to be the rank held by him on the day five years before the date of his retirement, or the rank of Second Lieutenant, whichever is the higher,

(ii) his pay at the said date shall be taken to be the pay appropriate to his notional retiring rank,

(iii) if the pay appropriate to his notional retiring rank varies with the number of years' service in that rank, he shall be deemed to have held that rank during the period he held his notional retiring rank and any higher rank,

(iv) if he was at the said date and had for five years immediately preceding it been in receipt of additional pay, his pay at the said date shall be taken to include the additional pay appropriate to his notional retiring rank.

12 Gratuities in respect of certain members of the Army Nursing Service.

12. (1) The Principal Scheme shall be construed and have effect as if the following new Article were inserted after Article 32 :

"32A. (1) Where—

( a ) a member of the Army Nursing Service dies while serving, and

( b ) such member has one year's pensionable service or more, and

( c ) such member leaves a relative,

the Minister may pay, in respect of such member, a gratuity of an amount equal to one month's pay for each year of her qualifying service or one year's pay whichever is the less.

(2) In this Article the word 'pay' includes, in the case of a member who was at the date of her death and not for less than five years immediately preceding it in receipt of additional pay, her additional pay.

(3) Where a gratuity in respect of a member may be paid under this Article such gratuity shall (if granted) be paid—

( a ) if she leaves only one relative, to such relative,

( b ) if she leaves two or more relatives, to such one or more, exclusively of the others or other, of the said relatives as the Minister may appoint and, if such power is exercised in favour of more than one of them in such shares as the Minister may appoint.

(4) For the purposes of this Article each of the following and no other persons shall be a relative of a deceased member—

( a ) her husband,

( b ) her son,

( c ) her daughter,

( d ) her mother,

( e ) her father,

( f ) her brother,

( g ) her sister.

(2) This Article shall be deemed to have come into operation on the 1st day of April, 1976.

13 Amendment of Second Schedule to the Principal Scheme.

13. (1) The Second Schedule to the Principal Scheme (as inserted by Article 35 (2) of the Amending Scheme of 1947) (as amended by Article 15 of the Defence Forces (Pensions) Scheme, 1949 ( S.I. No. 209 of 1949 )) is hereby further amended by the substitution for the Table thereto of the following—

TABLE TO SECOND SCHEDULE.

Retiring Rank	Service Element			Rank Element			Maximum Retired Pay
Basic (Service) Element	Incremental (Service) Element	Maximum (Service) Element	Basic (Rank) Element	Incremental (Rank) Element	Maximum (Rank) Element
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)
Lieutenant	£180	£10	£210	Nil	Nil	Nil	£210
Captain	£180	£10	£220	£2	£2	£10	£230
Commandant	£180	£10	£240	£30	£10	£80	£290
Major or Lieutenant-Colonel	£180	£10	£260	£90	£10	£110	£340
Colonel	£180	£10	£300	£120	£10	£140	£400
Major-General	£180	£10	£300	£150	£25	£250	£500
Lieutenant-General or higher rank	£180	£10	£300	£260	£30	£320	£600

(2) This Article shall be deemed to have come into operation on the 1st day of November, 1977.

14 Revocation Articles 22(1)(b) and 23(1)(a) of the Principal Scheme.

14. (1) Articles 22 (1) (b) and 23 (1) (a) of the Principal Scheme are hereby revoked.

(2) This Article shall be deemed to have come into operation on the 1st day of July, 1977.

15 Pensions to certain widows of officers who are in receipt of allowances under the Army Pension Acts.

15. (1) In this Article—

the expression "service pension" means a pension under Article 20 (1) of the Principal Scheme,

the expression "allowance" means an allowance under the Army Pensions Acts, 1923 to 1973 as amended by any subsequent enactment.

(2) Where the widow of an officer—

( a ) is granted a service pension, and

( b ) is also in receipt of an allowance,

there may be paid to such widow—

(i) the sum of the greater benefit plus one half of the lesser benefit, or, if greater

(ii) £1,236 a year,

provided that the total amount payable does not exceed one-third of the officer's pensionable pay.

(3) For purposes of this Article "pensionable pay"—

( a ) shall include any additional pay in respect of professional or technical qualifications which is reckonable for gratuity under Article 5 of the No. 3 Amending Scheme of 1972,

( b ) in the case of an officer who died in service before the 2nd day of July, 1977, or who retired or was retired before the 2nd day of July, 1977, shall be taken as the pay which would be payable to him if he had been serving on the 2nd day of July, 1977, and

( c ) in any other case, the actual pay payable at date of death or retirement, as the case may be.

(4) This Article shall be deemed to have come into operation on the 1st day of July, 1977.

GIVEN under my Official Seal, this 31st day of August, 1978.

ROBERT MOLLOY.

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

GIVEN under my hand and to which the Official Seal of the

Minister for the Public Service is attached this 31st day

of August, 1978.

RAY MacSHARRY.

EXPLANATORY NOTE.

This statutory instrument provides for increases in the amount of retirement benefits payable to officers of the Permanent Defence Force retiring on or after 2nd November, 1977 and in the pensions or gratuities payable to soldiers discharged or transferred to the Reserve Defence Force on or after 1st November, 1977.

It also amends in other respects the Defence Forces (Pensions) Schemes, 1937 to 1977.