S.I. No. 63/1969 - Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1969.

S.I. No. 63 of 1969.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (NO. 2) SCHEME, 1969.

ARRANGEMENT OF ARTICLES.

Article

1. Short title, collective citation and construction.

2. Commencement.

3. Application of Interpretation Act, 1937.

4. Definitions.

5. Increase of retired pay of officers retiring on or after 2nd June, 1966.

6. Increase of gratuities of certain married officers.

S.I. No. 63 of 1969.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (NO. 2) SCHEME, 1969.

I, MICHEÁL HILLIARD, 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, collective citation and construction.

1. (1) This Scheme may be cited as the Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1969.

(2) The collective citation, the Defence Forces (Pensions) Schemes, 1937 to 1969, shall include this Scheme.

(3) The Defence Forces (Pensions) Schemes, 1937 to 1969, 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 Definition.

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

5 Increase of retired pay of officers retiring on or after 2nd June, 1966.

5. (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 June, 1966, 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 purposes of this Article " retired pay " shall be deemed not to include any increase granted under Article 14 of the Defence Forces (Pensions) (Amendment) Scheme, 1947 (S.R. and O. No. 81 of 1947), Article 4 of the Defence Forces (Pensions) (Amendment) Scheme, 1953 ( S.I. No. 259 of 1953 ), Article 4 of the Defence Forces (Pensions) (Amendment) Scheme, 1956 ( S.I. No. 35 of 1956 ), Article 21 or 22 of the Defence Forces (Pensions) (Amendment) Scheme, 1960 ( S.I. No. 135 of 1960 ), Article 5 of the Defence Forces (Pensions) (Amendment) Scheme, 1962 ( S.I. No. 42 of 1962 ),Article 5 of the Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1962 ( S.I. No. 126 of 1962 ) or Article 5 of the Defence Forces (Pensions) (Amendment) Scheme, 1965 ( S.I. No. 154 of 1965 ), 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 Article 13 (1) (b) of the Principal Scheme

shall include the increase granted under Article 13 (1) (a) of the Principal Scheme.

(3) This Article shall be deemed to have come into operation on the 2nd day of June, 1966.

TABLE

6 Increase of gratuities of certain married officers.

6. (1) Where a gratuity is payable under Article 11 of the Principal Scheme (inserted by Article 9 of the Defence Forces (Pensions) (Amendment) Scheme, 1947), to an officer who retires or is retired on or after the 2nd day of June, 1966, 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 said Defence Forces (Pensions) (Amendment) Scheme 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) 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 Defence Forces (Pensions) (Amendment) Scheme, 1953, Article 5 of the Defence Forces (Pensions) (Amendment) Scheme, 1956, Article 23 or 24 of the Defence Forces(Pensions) (Amendment) Scheme, 1960, Article 6 of the Defence Forces (Pensions) (Amendment) Scheme, 1962, Article 6 of the Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1962, or Article 6 of the Defence Forces (Pensions) (Amendment) Scheme, 1965.

(4) This Article shall be deemed to have come into operation on the 2nd day of June, 1966.

TABLE

GIVEN under my Official Seal, this 15th day of April, 1969.

MICHEÁL HILLIARD.

Minister for Defence.

The Minister for Finance hereby consents to the foregoing Scheme.

GIVEN under the Official Seal of the Minister for Finance, this 15th day of April, 1969.

CHARLES J. HAUGHEY.

Minister for Finance.

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, 1966.