S.I. No. 343/1979 - Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1979.

S.I. No. 343 of 1979.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (No. 3) SCHEME, 1979.

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 Amending Scheme of 1979.

6. Amendment of Article 6 of Amending Scheme of 1979.

S.I. No. 343 of 1979.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (No. 3) 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) This Scheme may be cited as the Defence Forces (Pensions) (Amendment) (No. 3) 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. 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. 2 Amending Scheme of 1978" means the Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1978 ( S.I. No. 274 of 1978 );

"the Amending Scheme of 1979" means the Defence Forces (Pensions) (Amendment) Scheme, 1979 ( S.I. No. 208 of 1979 ).

5 Amendment of Article 5 of Amending Scheme of 1979.

5. (1) The Amending Scheme of 1979 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 27th day of June, 1978, such pay (as increased by Article 5 of the No. 2 Amending Scheme of 1978) 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 27th day of June, 1978.

TABLE.

Retiring rank by reference to which retired pay was calculated.	Retirement on or after 27th day June, 1978 of and before 2nd day of March, 1979.		Retirement on or after 2nd day of March, 1979.
Lieutenant-General	8.5%		10.7%
Major-General	8.5%		11.8%
Colonel	8.5%		10.7%
Lieutenant-Colonel	8.5%		10.7%
	Retirement on or after 2nd day of July, 1978 and before 2nd day of January, 1979.	Retirement on or after 2nd day of January, 1979 and before 2nd day of March, 1979.
Commandant	4.5%	8%	10%
Captain	4.5%	8%	10%
Lieutenant	4.5%	8%	10%

6 Amendment of Article 6 of Amending Scheme of 1979.

6. (1) The Amending Scheme of 1979 is hereby 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 27th day of June, 1978, such gratuity (as increased by Article 6 of the No. 2 Amending Scheme of 1978) 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 27th day of June, 1978.

TABLE.

Retiring rank by reference to which retired pay was caculated.	Retirement on or after 27th day of June, 1978 and before 2nd day of March, 1979.		Retirement on or after 2nd day of March, 1979.
Lieutenant-General	8.5%		10.7%
Major-General	8.5%		11.8%
Colonel	8.5%		10.7%
Lieutenant-Colonel	8.5%		10.7%
	Retirement on or after 2nd day of July, 1978 and before 2nd day of January, 1979.	Retirement on or after 2nd day of January, 1979 and before 2nd day of March, 1979.
Commandant	4.5%	8%	10%
Captain	4.5%	8%	10%
Lieutenant	4.5%	8%	10%

GIVEN under my Official Seal, this 17th day of October, 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 17th day of October, 1979.

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 27th June, 1978.