S.I. No. 399/1979 - Defence Forces (Pensions) (Amendment) (No. 5) Scheme, 1979.
S.I. No. 399 of 1979. | ||
DEFENCE FORCES (PENSIONS) (AMENDMENT) (No. 5) SCHEME, 1979. | ||
ARRANGEMENT OF ARTICLES. | ||
Article | ||
S.I. No. 399 of 1979. | ||
DEFENCE FORCES (PENSIONS) (AMENDMENT), (No. 5) SCHEME, 1979. | ||
I, ROBERT MOLLOY, Minister for Defence, in exercise of the powers conferred on my 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: | ||
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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, 1979. | |
(2) The collective citation, the Defence Forces (Pensions) Schemes, 1937 to 1979, shall include this Scheme. | ||
(3) The Defence Forces (Pensons) Schemes, 1937 to 1979, 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 Application of Interpretation Act, 1937 . | 3. The Interpretation Act, 1937 (No. 38 of 1937), applies to this scheme. | |
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4 .. | 4. (1) Where an officer— | |
( a ) retires from the Permanent Defence Force, without a grant of retired pay, and is re-appointed to the Permanent Defence Force, or | ||
( b ) retires from the Permanent Defence Force, without a grant of retired pay, is appointed to the Reserve of Officers (First Line) and is called out— | ||
(i) on permanent service, or | ||
(ii) in aid of the civil power | ||
different periods of full-time service may be aggregated for purposes of pensionable service subject to such recovery of any gratuities paid in respect of the previous full-time service together with compound interest at such rates as may be determined by the Minister from time to time with the consent of the Minister for the Public Service. | ||
(2) Different periods of pensionable service may be aggregated under sub-article (1) of this Article for the purposes of a gratuity only in respect of an officer retiring or dying in service on or after the coming into operation of this Article. | ||
(3) This Article shall not apply as regards any period of service in the Defence Forces which is reckonable for superannuation purposes in any other organisation or service. | ||
(4) This Article shall be deemed to have come into operation on the 1st day of January, 1979. | ||
GIVEN under my Official Seal, this 10th day of December, 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 10th day of December, 1979. | ||
RAY MACSHARRY. | ||
EXPLANATORY NOTE. | ||
This Statutory Instrument provides for aggregation of different periods of full-time service in the Defence Forces for certain officers. |