S.I. No. 314/1974 - Defence Forces (Pensions) (Amendment) (No. 5) Scheme, 1974.
S.I. No. 314 of 1974. | ||
DEFENCE FORCES (PENSIONS) (AMENDMENT) (No. 5) SCHEME, 1974. | ||
ARRANGEMENT OF ARTICLES. | ||
Article. | ||
5. Increase of retired pay of officers retired before 2nd June, 1974. | ||
6. Increase of retired pay under Article 19 of Amending Scheme of 1960. | ||
7. Increase of pensions of certain deceased officers' children. | ||
8. Increase of pensions under Article 26A or 27A of Principal Scheme. | ||
9. Increase of pensions of certain members of Army Nursing Service. | ||
10. Increase of pensions of certain members of Chaplaincy Service. | ||
S.I. No. 314 of 1974. | ||
DEFENCE FORCES (PENSIONS) (AMENDMENT) (NO. 5) SCHEME, 1974. | ||
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: | ||
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1 Short title, collective citation and construction. | 1. (1) This Scheme may be cited as the Defence Forces (Pensions) (Amendment) (No. 5) Scheme, 1974. | |
(2) The collective citation, the Defence Forces (Pensions) Schemes, 1937 to 1974, shall include this Scheme. | ||
(3) The Defence Forces (Pensions) Schemes, 1937 to 1974, shall be construed together as one Scheme. | ||
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2 Commencement. | 2. This Scheme shall come into force on the day after the date on which it is made. | |
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3 Applications of Interpretation Act, 1937 . | 3. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Scheme. | |
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4 Definitions. | 4. In this Scheme— | |
"the Principal Scheme" means the Defence Forces (Pensions) Scheme, 1937 (S. R. & O., No. 249 of 1937); | ||
"the Schemes" means the Defence Forces (Pensions) Schemes, 1937, to 1974, but does not include this Scheme. | ||
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5 Increase of retired pay of officers retired before 2nd June, 1974. | 5. The retired pay payable under Article 5, 6, 7, 8, 9, 9A, 10 or 10A of the Principal Scheme (including retired pay increased under Article 13 (1) (a) of the Principal Scheme) to an officer who retired before the 2nd day of June, 1974, shall, with effect from the 1st day of July, 1974, be the amount which would be payable to him under the Schemes if the date of his retirement had been the 2nd day of June, 1974, and his appointment, rank, service in that rank, total service and single or married status were the same as those on the date of his actual retirement. | |
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6 Increase of retired pay under Article 19 of Amending Scheme of 1960. | 6. The retired pay payable under Article 19 of the Defence Forces (Pensions) (Amendment) Scheme, 1960 ( S.I. No. 135 of 1960 ), to an officer shall, with effect from the 1st day of July, 1974, be the amount which would be payable to him under the Schemes if the date of his retirement had been the 2nd day of June, 1974, and his rank, service in that rank, total service and single or married status were the same as those on the date of his actual retirement. | |
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7 Increase of pensions of certain deceased officers' children. | 7. Every pension payable under Article 20 (2) of the Principal Scheme to a child of a deceased officer shall, with effect from the 1st day of July, 1974, be increased as follows:— | |
( a ) while the child's mother is living—to £116.88 per annum, | ||
( b ) after the death of the child's mother—to £171.84 per annum. | ||
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8 Increase of pensions under Article 26A or 27A of Principal Scheme. | 8. The pension (including married pension) payable under Article 26A of the Principal Scheme (inserted by Article 22 of the Defence Forces (Pensions) (Amendment) Scheme, 1947 (S. R. & O., No. 81 of 1947)), or Article 27A of the Principal Scheme (inserted by Article 24 of the said Defence Forces (Pensions) (Amendment) Scheme, 1947) to a soldier discharged before the 1st day of June, 1974, shall, with effect from the 1st day of July, 1974, be the amount which would be payable to him under the Schemes if the date of his discharge had been the 1st day of June, 1974, and his rank, service in that rank, total service and single or married status were the same as those on the date of his actual discharge. | |
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9 Increase of pensions of certain members of Army Nursing Service. | 9. The pension payable under Part IV of the Principal Scheme to a member of the Army Nursing Service who resigned or whose services were terminated with effect from a date prior to the 2nd day of June, 1974, shall, with effect from the 1st day of July, 1974, be the amount which would be payable to her under the Schemes if the effective date of her resignation or of the termination of her services had been the 2nd day of June, 1974, and her rank, service in that rank and total service were the same as those on the actual effective date of her resignation or of the termination of her services. | |
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10 Increase of pensions of certain members of Chaplaincy Service. | 10. The pension payable under Part IVA of the Principal Scheme (inserted by Article 12 of the Defence Forces (Pensions) (Amendment) Scheme, 1949 ( S.I. No. 209 of 1949 )), to a member of the Chaplaincy Service whose services were terminated with effect from a date prior to the 2nd day of June, 1974, shall, with effect from the 1st day of July, 1974, be the amount which would be payable to him under the Schemes if the effective date of the termination of his services had been the 2nd day of June, 1974, and his grade of appointment, service in that grade and total service were the same as those on the actual effective date of the termination of his services. | |
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11 Amendment of Article 20 (1) of Amending Scheme of 1953. | 11. Article 20 (1) of the Defence Forces (Pensions) (Amendment) Scheme, 1953 ( S.I. No. 259 of 1953 ), is hereby amended, with effect from the 1st day of July, 1974, by the substitution of "£780" for "£708" (inserted by Article 12 of the Defence Forces (Pensions) (Amendment) Scheme, 1974 ( S.I. No. 131 of 1974 ) and the said Article 20 (1)), as so amended, is set out in the Table to this Article. | |
TABLE | ||
Notwithstanding anything to the contrary in Article 38 of the Principal Scheme, no reduction of service pension shall be made under that Article so as to reduce the total of the service pension and the disablement pension to less than the greater of the following amounts:— | ||
( a ) the sum of £780 a year, | ||
( b ) the sum of the greater of such pensions and one half the lesser. | ||
GIVEN under my Official Seal, this 28th day of October, 1974. | ||
PÁDRAIG S. Ó DONNAGÁIN. | ||
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 28th day of October, 1974. | ||
RICHIE RYAN. | ||
EXPLANATORY NOTE. | ||
This Statutory Instrument provides for the Budgetary increases effective from 1st July, 1974 in the pensions of Army personnel (including members of the Nursing and Chaplaincy Services) payable under the Defence Forces (Pensions) Schemes, 1937 to 1974. |