S.I. No. 24/1987 - Civil Service Widows' and Children's Ex Gratia Pension (Amendment) Scheme, 1987.

S.I. No. 24 of 1987.

CIVIL SERVICE WIDOWS' AND CHILDREN'S EX GRATIA PENSION (AMENDMENT) SCHEME, 1987.

I, RUAIRI QUINN, Minister for the Public Service, in exercise of the powers conferred on me by section 2 of the Superannuation and Pensions Act, 1976 (No. 22 of 1976), hereby make the following scheme:

1. (1) This Scheme may be cited as the Civil Service Widows ' and Children 's Ex Gratia Pension (Amendment) Scheme, 1987.

(2) The Civil Service Widows ' and Children 's Ex Gratia Pension Schemes, 1977 and 1979, and this Scheme may be cited together as the Civil Service Widows ' and Children 's Ex Gratia Pension Schemes, 1977 to 1987.

2. (1) This Scheme, other than paragraphs (2) and (3) of Article 4, shall be deemed to have come into force on the 1st day of September, 1984.

(2) Paragraphs (2) and (3) of Article 4 of this Scheme shall be deemed to have come into force on the 1st day of January, 1986.

3. In this Scheme—

the "Principal Scheme" means the Civil Service Widows ' and Children 's Ex Gratia Pension Scheme, 1977 ( S.I. No. 133 of 1977 ):

the "First Amending Scheme" means the Civil Service Widows' and Children's Ex Gratia Pension (Amendment) Scheme, 1979 ( S.I. No. 175 of 1979 ).

4. (1) Article 5 of the Principal Scheme is hereby amended by the substitution of the following paragraph for paragraph (d):

"(d) where he leaves a child or children (whether or not a widow's pension is, or may be, granted), a pension for such child or children (hereafter in this Scheme referred to as 'a children's pension'):".

(2) Article 6 of the Principal Scheme, as amended by Article 3 of the First Amending Scheme, is hereby amended by the substitution of the following subparagraphs for subparagraph (c) of paragraph (4):

"(c) During the period beginning on the 1st day of July, 1979, and ending on the 31st day of December, 1985, the rate of a widow's pension may not exceed five-twelfths of the deceased's pension.

(d) During the period beginning on the 1st day of January, 1986, and ending on the 31st day of December, 1986, the rate of a widow's pension may not exceed eleven twenty-fourths of the deceased's pension.

(e) On and from the 1st day of January, 1987, the rate of a widow's pension may not exceed one-half of the deceased's pension.".

(3) Article 8 of the Principal Scheme, as amended by Article 3 of the First Amending Scheme, is hereby amended by—

(a) the substitution in subparagraph (c) of paragraph (4) of "During the period beginning on the 1st day of July, 1979, and ending on the 31st day of December, 1985," for "On and from the 1st day of July, 1979,";

(b) the insertion of the following subparagraphs after subparagraph (c) of paragraph (4):

"(d) During the period beginning on the 1st day of January, 1986 and ending on the 31st day of December, 1986, the rate of a children's pension under this Scheme may not exceed—

(i) where the deceased leaves no widow or, if he leaves a widow and the widow dies, after her death, eleven thirty-sixths of the deceased's pension for the first child plus eleven seventy-secondths for a second child,

(ii) subject to paragraph (5) of this Article, where the deceased leaves a widow, eleven seventy-secondths of the deceased's pension for the first child plus eleven seventy- secondths for each additional child up to a second additional child.

(e) On and from the 1st day of January, 1987, the rate of a children's pension under this Scheme may not exceed—

(i) where the deceased leaves no widow or, of if he leaves a widow and the widow dies, after her death, one-third of the deceased's pension for the first child plus one-sixth for a second child,

(ii) subject to paragraph 5 of this Article, where the deceased leaves a widow, one-sixth of the deceased's pension for the first child plus one-sixth for each additional child up to a second additional child.";

(c) the substitution of ", (4) (c) (i), (4) (d) (i) and (4) (e) (i)" for "and (4) (c) (i)" in subparagraph (a) of paragraph (5); and

(d) the substitution in subparagraph (b) of paragraph (5) of—

(i) ", (4) (c) (i), (4) (d) (i), or (4) (e) (i)" for "or (4) (c) (i)", and

(ii) the following clauses for clause (iii):

'(iii) During the period beginning on the 1st day of July, 1979, and ending on the 31st day of December, 1985, five-twelfths of the rate of the deceased's pension,

(iv) During the period beginning on the 1st day of January, 1986, and ending on the 31st day of December, 1986, eleven twenty-fourths of the rate of the deceased's pension,

(v) On and from the 1st day of January, 1987, one-half of the said last-mentioned rate.".

5. The following provisions of the Principal Scheme are hereby revoked:

(a) "legitimate" in the definition of "child", as amended by Article 3 (a) of the First Amending Scheme, in Article 3 (1);

(b) ", before the termination of his reckonable service," in Article 3 (5) (b);

(c) the proviso to Article 5; and

(d) Article 7 (1).

6. Where a widow's pension within the meaning of the Principal Scheme or a children's pension within such meaning:

(a) may be granted by reason only of the making of this Scheme,

or

(b) is granted on foot of an application made on or after the 1st day of January, 1987,

notwithstanding Articles 2 and 5 of the Principal Scheme, the pension shall not be payable by reference to a date earlier than the 1st day of September, 1984.

GIVEN under my Official Seal, this 19th day of January, 1987.

RUAIRÍ QUINN,

Minister for the Public Service.

EXPLANATORY NOTE.

This scheme amends the Civil Service Widows' and Children's Ex Gratia Pension Scheme by (a) increasing the rates of pension payable after 1 January 1986 (b) extending the scope of the Scheme to cover certain widows and children previously excluded from benefit and (c) limiting the amount of arrears of pension payable under the Scheme.