S.I. No. 235/1984 - Defence Forces (Pensions) (Amendment) (No. 7) Scheme, 1984.

1. Short title, collective citation and construction.

2. Commencement.

3. Application of the Interpretation Act, 1937.

4. (1) Where an officer—

(

a

) retires or is retired from the Permanent Defence Force, without a grant of retired pay, and is re-appointed to the Permanent Defence Force, or

(

b

) retires or is retired 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 fulltime 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."

GIVEN under my Official Seal, this 12th day of September, 1984.

PATRICK COONEY.

The Minister for the Public Service herebyconsents to the foregoing Scheme.

GIVEN under the Official Seal of the Minister for the Public Service, this

12th day of September, 1984.

JOHN BOLAND.

EXPLANATORY NOTE.

This Statutory Instrument provides for the Budgetary increases effective from 1st February, 1984 in the pensions of Army personnel (including members of the Nursing and Chaplaincy Services) payable under the Defence Forces (Pensions) Schemes, 1937 to 1984. It also amends, in certain respects, the existing provision relating to the aggregation of different periods of full-time service in the Defence Forces for certain officers.

5. Increase of retired pay of officers retired before 2nd day of February, 1984.

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 pensions 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) £3,096 a year;

provided that the total amount payable does not exceed one third of the officer's pensionable pay."

(2) For the 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 qualifiactions 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 September, 1983, or who retired or was retired before the 2nd day of September, 1983, shall be taken as the pay which would be payable to him if he had been serving on the 1st day of September, 1983, increased by 3.25 per cent, and

(

c

) in the case of an officer, who died in service on or after the 1st day of September, 1983, and before the 1st day of October, 1983, or who retired or was retired on or after the 2nd day of September, 1983, and before the 2nd day of October, 1983, shall be taken as the actual pay payable to him at date of death or retirement, as the case may be, increased by 3.25 per cent, and

(

d

) in the case of an officer, who died in service on or after the 1st say of October, 1983, and before the 1st day of February, 1984, or who retired or was retired on or after the 2nd day of October, 1983, and before the 2nd day of February, 1984, shall be taken as the pay which would be payable to him if he had been serving on the 1st day of February, 1984, and

(

e

) in any other cases, shall be the actual pay payable at the date of death or retirement, as the case may be.

15 Amendment of Article 4(1) of the No. 5 Amending Scheme of 1979.

15.

(1) Article 4 (1) of the Defence Forces (Pensions) (Amendment) (No. 5) Scheme, 1979 (

S.I. No. 399 of 1979

), is hereby amended by the insertion in paragraphs (

a

) and (b) thereof after the word "retires" of the words "or is retired", and the said Article 4(1) as so amended is set out in the Table to this Article.

(2) This Article shall be deemed to have come into operation on the 1st day of August, 1982.

"TABLE

S.I. No. 235 of 1984.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (No. 7) SCHEME, 1984.

ARRANGEMENT OF ARTICLES.

Article