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ARTICLES.
the Principal Scheme. 5. Amendment
the Principal Scheme. 6. Gratuities to Temporary
ficers
the Air Corps. 7. Amendment
the Principal Scheme. 8. Amendment
the Principal Scheme. 9. Amendment
the Principal Scheme. 10. Amendment
the Principal Scheme. 11. Amendment
the Principal Scheme. 12. Amendment
the Principal Scheme. 13. Provisions in relation to
ficers dying subsequent to retirement and before grant
retired pay. 14. Gratuities to widows and children
certain soldiers. WHEREAS it is enacted by subsection
section 2
the Defence Forces (Pensions) Act, 1932 (No. 26
1932), that the Minister for Defence may, with the consent
the Minister for Finance, prepare a scheme (in the said Act referred to as a pension scheme) with the object
providing (a) retired pay, pensions, and gratuities for or in respect
ficers
the Forces to whom such scheme applies, and (b) pensions and gratuities for or in respect
non-commissioned
ficers and men
the Forces to whom such scheme applies ; and (c) pensions and gratuities for members
the Army Nursing Service to whom such scheme applies, and (subject to confirmation under the said Act) carry such scheme into execution : AND WHEREAS it is enacted by section 4
the said Act that no pension scheme shall come into force unless and until it has been laid before each House
the Oireachtas and has been confirmed by resolution
each such House : AND WHEREAS it is enacted by section 5
the said Act that a pension scheme may be amended by a subsequent pension scheme made and confirmed in the like manner as the original scheme : AND WHEREAS the Defence Forces (Pensions) Scheme, 1937 (Statutory Rules and Orders No. 249
1937), was made under the said Act, and came into force on the 27th day
October, 1937 : AND WHEREAS the said Act was amended by the Defence Forces (Pensions) (Amendment) Act, 1938 (No. 33
1938) : AND WHEREAS it is expedient that the said Defence Forces (Pensions) Scheme, 1937, be amended in the manner hereinafter appearing : NOW, THEREFORE, I, OSCAR TRAYNOR, Minister for Defence, with the consent
the Minister for Finance testified by his signature hereto, do hereby, in exercise
the powers conferred on me by the Defence Forces (Pensions) Acts, 1932 and 1938, and
every and any other power me in this behalf enabling, make the following Scheme, that is to say :— 1 Short title and commencement. 1.—
each House
the Oireachtas. 2 Interpretation 2. The Interpretation Act, 1937 (No. 38
1937), applies to this Scheme. 3 Definitions. 3.—
1937).
the Principal Scheme has in this Scheme the meaning so given to it. 4 Amendment
the Principal Scheme. 4. Sub-Article
the Principal Scheme is hereby amended by insertion therein
the following paragraph in lieu
paragraph (b), that is to say :— " (b) is the father
a child, who is, in the case
a girl, under the age
eighteen years or, in the case
a girl, under the age
twenty-one years and unmarried, and ". 5 Amendment
the Principal Scheme 5.—
paragraph (b)
sub-article
the Principal Scheme is hereby amended by the insertion at the end
the said sub-paragraph
the words " or the rank
Second Lieutenant, whichever is the higher".
this Article shall be deemed to have come into operation on, and shall have effect as on and from, the 27th day
October, 1937.
the amendment
the Principal Scheme effected by sub-article
this Article, a gratuity is granted under the said Article 12 to any person, there shall be deducted from such gratuity a sum equal to the amount
any ex-gratia payment made by the Minister to such person on his retirement. 6 Gratuities to Temporary
ficers
the Air Corps. 6. The principal Scheme shall be construed and have effect as if there were inserted after Article 12 thereof the following new Article, that is to say :— " 12A.
ficer who has held a temporary commission in the Air Corps retires and is upon such retirement appointed to commissioned rank in the Reserve
ficers, there may, subject to the provisions
this Scheme, be granted to such
ficer— (a) in case he held such temporary commission for not less than two and a half years and less than four and a half years, a gratuity
£200, or (b) in case he held such temporary commission for not less than four and a half years, a gratuity
£300.
ficer who has held a temporary commission in the Air Force for not less than two and a half years is retired on the ground
mental or physical incapacity or retires voluntarily, and his retirement is not occasioned by his own misconduct or default, there may, subject to the provisions
this Scheme, be granted to such
ficer a gratuity
two hundred pounds.
ficer under this Article, no other award shall be made under this Scheme to such
ficer in respect
any service rendered prior to such
ficer's retirement with such gratuity." 7 Amendment
the Principal Scheme. 7.—
the Principal Scheme shall be construed and have effect as if, in paragraph (a)
the said sub-article, the words "
the
fice
the Adjutant-General " were inserted after the words " Legal Branch."
sub-article
the Principal Scheme is hereby amended by the insertion therein
the following sub-paragraph in lieu
sub-paragraph (i), that is to say :— " (i) who— (I) is serving with any
the following branches
the Forces namely— The Army Medical Service, the Corps
Engineers, the Legal Branch
the
fice
the Adjutant-General, the Army School
Music, the Signal Corps, the Army Ordnance Service, or (II) is a Veterinary
ficer, and ".
sub-article
the Principal Scheme is hereby amended by the deletion
the word " Army." 8 Amendment
the Principal Scheme. 8. Article 19
the Principal Scheme shall, in addition to any person to whom it applies by virtue
sub-article
the said Article 19, also apply to the following persons, that is to say— (a) a person— (i) who was an
ficer
the Forces at any time during the period commencing on the 16th day
December, 1932, and ending on the 26th day
October, 1937, and (ii) who, during such period and while he was such
ficer, was appointed to be a member
the Gárda Síochána and (iii) whose pensionable service was one year or more, and (iv) who did not receive on his retirement a gratuity in respect
his service in the National Army ; and (
the coming into operation
this Scheme, an
ficer
the National Army, and (ii) who, on or after the said date, was while such
ficer or within one month after his retirement was appointed to a pensionable post in the Civil Service or to be a member
the Gárda Síochána, and (iii) whose pensionable service was one year or more. 9 Amendment
the Principal Scheme. 9.—
the Principal Scheme is hereby amended by the insertion in paragraph (b)
the said sub-article
the words " or who was retired on the grounds
permanent infirmity
mind or body " after the word " inefficiency." This sub-article shall be deemed to have come into operation on, and shall have effect as on and from, the 27th day
October, 1937.
the Principal Scheme shall also apply to an
ficer who— (
ficer
the Forces on the 8th day
December, 1933, and died on the 10th day
July, 1938.
the Principal Scheme shall also apply to an
ficer— (a) who died between the 16th day
December, 1932, and the 26th day
October, 1937, and (b) who was, at the date
his death, serving as an
fice
the Forces, and (c) whose pensionable service was twelve years or more.
the Principal Scheme shall also apply to an
ficer— (a) who died on the 12th day
January, 1935, and (b) who resigned his commission as an
ficer
the Forces on the 11th day
January, 1935, and (c) who was granted a certificate
military service under the Military Service Pensions Act, 1924 (No. 48
1924), but was not granted a pension under that Act, and (d) whose pensionable service (including, notwithstanding anything contained in paragraph (b)
Rule 3
the First Schedule to the Principal Scheme, service before the 1st day
October, 1923) was twelve years or more.
the Principal Scheme is hereby amended by the substitution therein
the following paragraph in lieu
paragraph (b), that is to say :— " (b) if such
ficer died after his retirement from the Forces, the following provisions shall have effect, that is to say :— (i) in case such
ficer was at the date
his death in receipt
retired pay, the said word shall mean the rank by reference to which his retired pay was computed, (ii) in any other case, the said word shall mean the lowest commissioned rank held by him during the year immediately preceding his retirement."
the Principal Scheme to the widow
a deceased
ficer to whom the said Article 20 applies by virtue
sub-article
this Article, and (b) a gratuity has been paid under regulations made by the Minister or under the Principal Scheme to such widow, such pension shall be granted subject to the condition that the amount
such gratuity is either (as the Minister shall direct) refunded to the Minister or deducted from such pension in such manner as the Minister may direct.
the Principal Scheme to the widow or child
a deceased
ficer to whom the said Article 20 applies by virtue
sub-article
this Article, such pension shall commence to be payable as on and from the day after the day on which such
ficer died. 10 Amendment
the Principal Scheme. 10.—
the Principal Scheme is hereby amended in the following respects, and the Principal Scheme shall be construed and have effect accordingly, that is to say : (a) by the insertion in paragraph (b)
sub-article
the said Article
the words " certificate, band, flying, or extra " after the word " additional " wherever the latter word occurs ; (b) by the insertion
the following new sub-article at the end
the said Article 27, that is to say :— "
this Article a soldier shall be deemed to have been in receipt
additional, certificate, band, flying or extra pay immediately before his discharge, notwithstanding that such pay was not issued to him during any period
leave granted to him immediately prior to such discharge, if he was in receipt
such pay immediately before such period
leave."
October, 1937. 11 Amendment
the Principal Scheme. 11.—
the Principal Scheme is hereby amended by the insertion in paragraph (a)
the said sub-article
the word " twenty-one " in lieu
the word " twenty".
this article shall be deemed to have come into operation on, and shall have effect as on and from, the 27th day
October, 1937.
the Principal Scheme is hereby amended in the following respects, that is to say :— (a) by the insertion in paragraph (e)
the said sub-article
the words " or inefficiency " after the word " misconduct " ; (b) by the substitution therein
the following new paragraphs in lieu
paragraph (f), that is to say :— " (
being appointed to commissioned rank, or (h) he is transferred to the Reserve at his own request prior to the expiration
his period
army service."
a soldier in occupation
married quarters, no gratuity shall be payable to him under Article 28
the Principal Scheme until he has surrendered such quarters, and any moneys due in respect
the overholding
such quarters shall be recoverable from such gratuity. 12 Amendment Article 29
the Principal Scheme. 12.—
the Principal Scheme is hereby amended by the insertion therein
the words " the day after " before the words " the date".
October, 1937. 13 Provisions in relation to
ficers dying subsequent to retirement and before grant
retired pay. 13.—
ficer to whom any
the following Articles
the Principal Scheme, namely, 5, 6, 7, 8, 9, 10 and 13, applies, dies subsequent to his retirement and before he is granted retired pay, the following provisions shall have effect, that is to say :— (a) there may, subject to the provisions
the Principal Scheme, be paid to the legal personal representative
such
ficer a sum equivalent to the amount
retired pay, which would if he had been in receipt
retired pay at the date
his death, have been payable to him for the period commencing on the date
retirement and ending on the date
his death, (b) such
ficer shall, for the purposes
the Principal Scheme, be deemed to have been in receipt
retired pay at the date
his death.
April, 1940. 14 Gratuities to widows and children
certain soldiers 14.—
the Principal Scheme if he had been discharged from the Forces on the date
his death, and (c) such soldier leaves a widow or a child or children under the age
16 years, and (d) no allowance or gratuity is payable under the Army Pensions Acts, 1923 to 1937, to the widow or child or children
such soldier in respect
such soldier's death, the Minister may pay to the widow or child or children, as he may deem fit, a gratuity, the amount
which shall be calculated— (i) in case such soldier was a long-service soldier, in accordance with the rate mentioned in sub-article
the Principal Scheme, (ii) in case such soldier was a short-service soldier, in accordance with Article 28
the Principal Scheme.
October, 1937. Given under my
ficial Seal this 24th day
October, 1940. (Signed) OSCAR TRAYNOR, Minister for Defence. I consent to the foregoing Scheme. SEÁN T. O CEALLAIGH, Minister for Finance. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government
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