IE
S.I. No. 124/1983 - Defence Forces (Pensions) (Amendment) Scheme, 1983.
Table of Provisions (16)
Statutory Text (16 Articles)
1. Short title, collective citation and construction.
2. Commencement.
3. Application of Interpretation Act, 1937.
4. Definitions.
5. Increase of retired pay of officers retired before 2nd day of March, 1982.
6. Increase of retired pay under Article 19 of the Amending Scheme of 1960.
7. Increase of pensions of certain deceased officers' widows.
8. Increase of pensions of certain deceased officers' children.
9. Increase of pensions under Article 26A or 27A of the Principal Scheme.
10. Increase of pensions of certain members of the Army Nursing Service.
11. Increase of pensions of certain members of the Chaplaincy Service.
12. Amendment of Article 20 (1) of the Amending Scheme of 1953.
13. Provision regarding abatement of pension of soldiers in certain cases.
14. Amendment of Article 15 of the Amending Scheme of 1978.
15. (2) Where the widow of an officer—
(
a
) is granted a service pension, and
(
b
) is also in receipt of an allowance,
there may be paid to such widow—
(i) the sum of the greater benefit plus one half of the lesser benefit, or, if greater
(ii) £2,700 a year,
provided that the total amount payable does not exceed one third of the officer's pensionable pay.
(2) For purposes of Article 15 (2) of the Amending Scheme of 1978, as amended by this Article, "pensionable pay"—
(
a
) shall include any additional pay in respect of professional or technical qualifications which is reckonable for gratuity under Article 5 of the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1972 (
S.I. No. 306 of 1972
),
(
b
) in the case of an officer who died in service before the 1st day of July, 1982, or who retired or was retired before the 2nd day of July, 1982, shall be taken as the pay which would be payable to him if he had been serving on the 1st day of July, 1982, and
(
c
) in any other cases, shall be the actual pay payable at date of death or retirement, as the case may be.
15 Amendment of First Schedule to the Principal Scheme.
15.
(1) The First Schedule to the Principal Scheme is hereby amended by the insertion after sub-rule (2A) (inserted by Article 17 of the Defence Forces (Pensions) (Amendment) Scheme, 1957 (
S.I. No. 152 of 1957
)) of Rule 1 of the following sub-rule
"(2B) In the case of a person who—
(
a
) had service in non-commissioned rank in the Forces from the 2nd day of February, 1932 to the 6th day of April, 1936, and
(
b
) was appointed to commissioned rank on the 7th day of April, 1936, and
(
c
) retired voluntarily with the consent of the Minister on the 13th day of December, 1944,
his continuous qualifying service in non-commissioned rank shall be deemed to be service in commissioned rank in the National Army."
(2) This Article shall be deemed to have come into operation on the 1st day of July, 1982.
GIVEN under my Official Seal, this 12th day of May, 1983.
PATRICK COONEY.
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
12th day of May, 1983.
JOHN BOLAND.
EXPLANATORY NOTE.
This statutory instrument provides for the Budgetary increases effective from 1st July, 1982, in the pensions of Army personnel (including members of the Nursing and Chaplaincy Services) payable under the Defence Forces (Pensions) Schemes, 1937 to 1982. It also amends in other respects the Defence Forces (Pensions) Schemes, 1937 to 1982.
S.I. No. 124 of 1983.
DEFENCE FORCES (PENSIONS) (AMENDMENT) SCHEME, 1983.
Arrangement of Articles
Article