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ARTICLES. Article.
the Interpretation Act,
the Principal Scheme. 5. Retired pay
ficer serving as a member
the Council
Defence who is compulsorily retired. 6. Retired pay
ficer retired for any cause (other than age, misconduct, inefficiency or incapacity) whose service is 12 years or more. 7. Retired pay
certain other
ficers retiring with 12 or more years' service. 8. Retired pay
certain
ficers retiring with 12 and less than 20 years' service. 9. Married
ficers' gratuities. 10. Gratuities to widows and children
certain deceased
ficers. 11. Restrictions on grant
gratuities under Article 12
the Principal Scheme. 12. Gratuities to certain
ficers holding temporary commissions who were previously
ficers
the Marine Service. 13. Amendment
the Principal Scheme. 14. Increase
retired pay
ficers who retired on or after the 2nd September, 1946, and who are granted retired pay under Articles 5, 6, 7, 8, 9 or 10
the Principal Scheme. 15. Amendment
the Principal Scheme. 16. Amendment
the Principal Scheme. 17. Amendment
the Principal Scheme. 18. Amendment
the Principal Scheme. 19. Certain
ficers deemed to have been in receipt
full pay, etc., during certain periods
absence from duty. Article. 20. Amendment
the Principal Scheme. 21. Amendment
the Principal Scheme. 22. Pensions
long-service soldiers with 21 years' qualifying service discharged on or after 2nd September, 1946. 23. Amendment
the Principal Scheme. 24. Pensions
long-service soldiers with 15 years' qualifying service and less than 21 years' qualifying service discharged on account
disability or age on or after 2nd September,
gratuities under Article 28
the Principal Scheme.
the Principal Scheme. 29. Amendment
the Principal Scheme. 30. Re-enactment with modifications
the Principal Scheme. 31. Re-enactment with modifications
the Principal Scheme. 32. Amendment
the Principal Scheme.
First Schedule to the Principal Scheme. 35. Amendment
Second Schedule to the Principal Scheme. 36. Re-enactment with modifications
the Third Schedule to the Principal Scheme. 37. Amendment
Fourth Schedule to the Principal Scheme. 38. Amendment
Fifth Schedule to the Principal Scheme. 39. Amendment
Sixth Schedule to the Principal Scheme. 40. Re-enactment with modifications
the Seventh Schedule to the Principal Scheme. 41. Gratuities in respect
certain deceased
ficers. 42. Gratuities in respect
certain deceased soldiers. 43. Grant
reduced pensions and gratuities in certain cases.
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 Application
the Interpretation Act, 1937 . 2. The Interpretation Act, 1937 (No. 38
1937), applies to this Scheme. 3 Interpretation. 3.
1937 ), as amended by the Amending Scheme
1940 ; the expression " the Amending Scheme
1940 " means the Defence Forces (Pensions) (Amendment) Scheme, 1940 ( S. R. & O. No. 299
1940 ) ; the expression " the operative date " means the date on which this scheme comes into operation.
the Principal Scheme. 4. The Principal Scheme shall be construed and have effect as if the following were added to Article 3 thereof— " the expression ` the Reserve ' means the Reserve Force established under Part III
the Defence Forces (Temporary Provisions) Act, 1923 (No. 30
1923), as amended by any subsequent enactment." 5 Retired pay
ficer serving as member
the Council
Defence who is compulsorily retired. 5. The Principal Scheme shall be construed and have effect as if the following Article were inserted therein in lieu
There may, subject to the provisions
this Scheme, be granted to an
ficer, who is compulsorily retired while serving as a member
the Council
Defence, retired pay at the rate per annum specified in the second column
the Table to this Article opposite the mention, in the first column
the said Table,
the rank held by him on such retirement. TABLE TO ARTICLE 6. Rank held on retirement Rate per annum
ficer retired for any cause (other than age, misconduct, inefficiency or incapacity) whose service is 12 years or more. 6. The Principal Scheme shall be construed and have effect as if the following Article were inserted therein in lieu
Where an
ficer whose pensionable service is twelve years or more is retired for any cause (other than age, misconduct, inefficiency, or mental or physical incapacity) there may, subject to the provisions
this Scheme, be granted to such
ficer retired pay
an amount computed— (
certain other
ficers retiring with 12 or more years' service. 7. The Principal Scheme shall be construed and have effect as if there were inserted after Article 9 the following new Article— " 9A.
ficer to whom this Article applies, whose pensionable service is twelve years or more, retires or is retired for any cause (other than misconduct), there may, subject to the provisions
this Scheme, be granted to such
ficer retired pay
an amount computed in accordance with the rules contained in the Third Schedule hereto.
ficer who was appointed to commissioned rank in the Forces on the 8th day
December, 1933, the 19th day
December, 1933, or the 17th day
February, 1934." 8 Retired pay
certain
ficers retiring with 12 and less than 20 years service. 8.
ficer whose pensionable service is twelve years or more and less than twenty years retires, with the consent
the Minister, there may, subject to the provisions
this Scheme, be granted to such
ficer retired pay
an amount computed in accordance with the rules contained in the Fourth Schedule hereto."
this Article shall be deemed to have come into operation on, and shall have effect as on and from, the 30th day
June, 1945. 9 Married
ficers' gratuities. 9.
(as amended by Article 4
the Amending Scheme
1940) thereof— " 11.
retired pay is made under this Part
this Scheme to an
ficer to whom this Article applies there may, subject to the provisions
this Scheme, be paid also to such
ficer a gratuity
an amount computed according to the rules contained in the Fifth Schedule hereto.
ficer— (
ficer whose wife is alive, or (ii) an
ficer who is a widower and the father
a child being, if a boy, under the age
eighteen years or, if a girl, under the age
twenty-one years and unmarried, and (b) who, if he served as an
ficer during the whole
the two years ending on the date
his retirement, was— (i) during the whole
the said two years either in occupation
married quarters or in receipt
lodging, fuel and light allowance at the married rate, or (ii) in occupation
married quarters during part
the said two years and in receipt
lodging, fuel and light allowance at the married rate during the remainder
the said two years, and (c) who, if he served as a soldier during part (in this paragraph referred to as his period
service as a soldier)
the said two years and served as an
ficer during theremainder (in this paragraph referred to as his period
service as an
ficer)
the said two years— (i) was, during the whole
his period
service as a soldier, in receipt
marriage allowance, and (ii) was,— (I) during the whole
his period
service as an
ficer, either in occupation
married quarters or in receipt
lodging, fuel and light allowance at the married rate, or (II) in occupation
married quarters during part
his period
service as an
ficer and in receipt
lodging, fuel and light allowance at the married rate during the remainder
his period
service as an
ficer.
ficer— (a) who was married and whose wife died, and who, for not less than two years immediately before her death, had been in occupation
married quarters or in receipt
lodging, fuel and light allowance at the married rate, and (
married quarters or in receipt
lodging, fuel and light allowance at the married rate."
September, 1946. 10 Gratuities to widows and children
certain deceased
ficers. 10.
ficer dies while serving in the Forces, and (b) the circumstances are such that a gratuity could have been granted to him under Article 11
this Scheme if he had been retired on the date
his death, and (c) such
ficer leaves a widow or a child, the Minister may pay to the widow, a child or the children
such
ficer a gratuity
an amount equal to the amount
the gratuity which could have been granted to such
ficer under Article 11
this Scheme if he had been retired on the date
his death.
ficer (being an
ficer to whom a gratuity could have been granted under Article 11
this Scheme on his retirement from the Forces) dies after his retirement and before the grant
the said gratuity, and (b) such
ficer leaves a widow or child, the Minister may pay to the widow, a child or the children
such
ficer a gratuity
an amount equal to the amount
the gratuity which could have been so granted."
sub-article
the Amending Scheme
1940, to a gratuity under the Principal Scheme shall be construed as not including a reference to a gratuity under Article 11A (being the Article inserted by sub-article
this Article)
the Principal Scheme.
this Article shall be deemed to have come into operation on, and shall have effect as on and from, the 27th day
October, 1937. 11 Restrictions on grant
gratuities under Article 12
the Principal Scheme. 11. No gratuity shall be payable under Article 12
the Principal Scheme to an
ficer to whom Article 19
the Principal Scheme applies. 12 Gratuities to certain
ficers holding temporary commissions who were previously
ficers
the Marine Service. 12. The Principal Scheme shall be construed and have effect as if there were inserted after Article 12A the following new Article— " 12B.
ficer
the Forces, who served in the Marine Service, has retired and is on such retirement appointed to temporary commissioned rank in the Forces, or (b) an
ficer
the Reserve
ficers, who served in the Marine Service, has resigned his commission and is on such resignation appointed to temporary commissioned rank in the Forces, there may, subject to the provisions
this Scheme, be granted to such
ficer, on his ceasing to hold such temporary commissioned rank, a gratuity, in respect
service rendered by him while holding such temporary commissioned rank,
an amount calculated as follows— (i) in respect
the period (if any)
such service during which he held the rank
sub-lieutenant and was not a married man, at the rate
£40 per annum, and (ii) in respect
the period (if any)
such service during which he held the rank
sub-lieutenant and was a married man, at the rate
£45 per annum, (iii) in respect
the period (if any)
such service during which he held the rank
Lieutenant and was not a married man, at the rate
£45 per annum, and (iv) in respect
the period (if any)
such service during which he held the rank
lieutenant and was a married man, at the rate
£50 per annum.
this Article a person shall be treated as having been a married man during a particular period if, but only if, during the whole
that period, either— (
a child who was, in the case
a boy, under the age
eighteen years or, in the case
a girl, under the age
twenty-one years and unmarried.
ficer under this Article in respect
any period
service, no other award shall be made under this Scheme to such
ficer in respect
the same period
service.
ficer in respect
a period
service reckonable for purposes
a gratuity under this Article, if the same period
service is also reckonable for purposes
the grant
a pension, allowance, or gratuity under the Superannuation Acts." 13 Amendment
the Principal Scheme. 13.
the Principal Scheme is hereby amended by the insertion, in lieu
sub-article
the following sub-article— "
this Part
this Scheme shall apply to and in respect
an
ficer who is immediately preceding his retirement a special service
ficer in like manner as they apply to and in respect
other
ficers, subject however, in any case in which retired pay could be granted to such
ficer, to the following modifications— (a) the yearly amount
such pay shall, subject to the provisions
paragraph (b)
this sub-article be increased by— (i) in case such
ficer is serving in the Army Medical Corps, 20 per cent., (ii) in case such
ficer is serving in the Legal Branch
the
fice
the Adjutant-General or as a Legal
ficer or as Registrar to a Special Criminal Court, 20 per cent., (iii) in any other cases, 10 per cent.; (b) if such
ficer so elects, the yearly amount
his retired pay shall, instead
being computed under whichever
the said foregoing Articles, as modified by paragraph (a)
this sub-article, would, if he had not so elected, have been applicable, be a yearly amount equal to whichever
the following amounts is the less— (i) two-thirds
his annual pay at the date
his retirement, and (ii) the amount arrived at by multiplying one-sixtieth
his annual pay at the date
his retirement by a number equal to the number
years' pensionable service
such
ficer."
the Principal Scheme is hereby also amended by the insertion, in lieu
sub-article
the following sub-article :— "
the following shall be a special service
ficer for the purposes
this Article, that is to say :— (
the following branches
the Forces, namely— the Army Medical Corps, the Corps
Engineers, the Legal Branch
the
fice
the Adjutant-General, the Army School
Music, the Signal Corps, the Army Ordnance Corps, or (II) is serving with any branch
the Forces as a Legal
ficer, or (III) is a Registrar to a Special Criminal Court, or (IV) is an Aeronautical Engineer, or (V) is a Veterinary
ficer, and (ii) who— (I) in case he is serving in the Legal Branch
the
fice
the Adjutant-General or is a Legal
ficer or a Registrar to a Special Criminal Court, is a barrister-at-law or a Solicitor, or (II) in any other case, possesses professional or technical qualifications appropriate to the branch
the Forces in which he is serving, and (iii) who is in receipt
a special rate
pay in excess
the regimental rate
pay for an
ficer
his rank or is at the date
his retirement and was for not less than five years immediately preceding that date in receipt
additional pay ; (
his retirement and was for not less than five years immediately preceding that date in receipt
flying pay."
paragraph (a)
sub-article
this Article)
the Principal Scheme, shall, in respect
any
ficer to whom the said subparagraph (ii) applies and who is appointed on or after the operative date, have effect as if the figure and words " 10 per cent." were substituted therein for the figure and words " 20 per cent.".
the Principal Scheme and Article 7
the Amending Scheme
1940 are hereby revoked. 14 Increase
retired pay
ficers who retired on or after the 2nd September, 1946, and who are granted retired pay under Articles 5, 6, 7, 8, 9 or 10
the Principal Scheme. 14.
ficer retires or is retired on or after the 2nd September, 1946, and (b) retired pay is granted to him under Articles 5, 6, 7, 8, 9, or 10
the Principal Scheme, such pay shall be increased by thirty per cent.
this Article the expression " retired pay ", in relation to any
ficer who— (
ficer, within the meaning
the Principal Scheme, and (c) does not exercise the election conferred on him by paragraph (b)
sub-article
the said Article 13, means the retired pay
that
ficer as increased under paragraph (a)
sub-article
the said Article 13.
this Article shall be deemed to have come into operation on, and shall have effect as on and from, the 2nd day
September, 1946. 15 Amendment
the Principal Scheme. 15.
the Principal Scheme the pay
an
ficer immediately prior to his retirement shall be construed as including consolidated ration allowance and lodging, fuel and light allowance.
the Principal Scheme, as amended by sub-article
this Article,— (a) an
ficer in receipt
rations in kind immediately prior to his retirement shall be deemed to be in receipt
consolidated ration allowance, (b) an
ficer (being an
ficer whose wife is alive, or an
ficer who is a widower and is the father
a child who, in the case
a boy, is under the age
eighteen years or, in the case
a girl, under the age
twenty-one years and unmarried) in occupation
married quarters shall be deemed to be in receipt
lodging, fuel and light allowance at the married rate, and (c) an
ficer (not being an
ficer to whom paragraph (b)
this sub-article applies) shall be deemed to be in receipt
lodging, fuel and light allowance at a rate equal to one-half
the married rate. 16 Amendment
the Principal Scheme. 16.
the Principal Scheme is hereby amended by the insertion at the end thereof
the following new sub-articles— "
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 (b) who, during such period and while he was such
ficer, was appointed to be a member
the Gárda Síochána, and (
his service in the National Army.
the coming into operation
this Scheme, an
ficer
the National Army, and (b) who, on or after the said date, was, while such
ficer or within one month after his retirement, appointed to a pensionable post in the Civil Service or to be a member
the Gárda Síochána, and (c) whose pensionable service was one year or more and less than twelve years."
the Amending Scheme
1940 is hereby revoked. 17 Amendment
the Principal Scheme. 17. The Table to sub-article
the Principal Scheme is hereby amended by the insertion
the words " or Lieutenant-Colonel " after the word " Major ". 18 Amendment
the Principal Scheme. 18. Article 21
the Principal Scheme is hereby amended by the substitution
the word " five " for the word " twelve ". 19 Certain
ficers deemed to have been in receipt
full pay, etc., during certain periods
absence from duty 19.
ficer is absent from duty on authorised sick leave, and (b) as a consequence such
ficer is, during any period during which he is so absent from duty, placed under stoppage
pay, or suffers the loss
additional pay or, if he is a married
ficer, the loss
lodging, fuel and light allowance, then, for the purposes
this Part
this Scheme, such
ficer shall be deemed to have been in receipt for that period
the amount
pay, additional pay or, if a married
ficer, lodging, fuel and light allowance
which he was in receipt immediately prior to that period.
ficer is placed on the half-pay list by the Minister, with the consent
the Minister for Finance, for the purpose
performing duties in a Department
State or with a local authority or generally in any civilian capacity, then, for the purposes
this Scheme, such
ficer shall, while he remains on the half-pay list, be deemed to have been in receipt
the amount
pay, additional pay or, if a married
ficer, lodging, fuel and light allowance
which he was in receipt immediately prior to being placed on the half-pay list."
the Principal Scheme. 20. Sub-article
the Principal Scheme is hereby amended in the following respects— (a) by the insertion, with effect as on and from the 1st day
October, 1940,
the following new paragraph— " (g) in the case
a person who enlisted in the Corps known as the Construction Corps, the period from the date
such enlistment to the date
termination
his engagement in such Corps ;", and (b) by the insertion, with effect as on and from the 23rd day
September, 1940,
the following new paragraph— " (h) any period
absence on agricultural leave or indefinite leave ;" and (c) by the insertion, with effect as on and from the 3rd day
September, 1939,
the following new paragraph— " (i) in the case
a member
the Reserve called out on permanent service, any period during which full-time service was not rendered and during which he was permitted to pursue his normal business or employment." (d) by the insertion
the following new paragraph— " (j) service rendered prior to his attaining the age
sixteen years ". 21 Amendment
the Principal Scheme. 21. Article 26
the Principal Scheme is hereby amended by the insertion after the words " the appointed day " the words " and before the 2nd day
September, 1946 ". 22 Pensions
long-service soldiers with 21 years' qualifying service discharged on or after 2nd September, 1946. 22.
this Scheme, there may be granted to any long-service soldier, who is discharged from the Forces on or after the 2nd day
September, 1946, and whose qualifying service is 21 years or more, a pension at the rate per week specified in the second column
the Table to this sub-article opposite the mention, in the first column
the said Table,
his retiring rank. TABLE TO SUB-ARTICLE
ARTICLE 26A. Retiring Rank Rate per week
pension in respect
21 years' qualifying service
this Article, the Table to sub-article
this Article shall have effect as if the weekly sum set out in the second column
the said Table opposite the mention, in the first column,
the said Table,
his retiring rank were increased, in respect
each year
his qualifying service in excess
twenty-one years, but not in excess
thirty-one years, by one shilling.
this Article is at the date
his discharge a married man for the purposes
this Article, then, he shall, so long as he continues to be a married man for the purposes
this Article, be entitled to receive, in addition to such pension, a married pension at the rate
seven shillings per week.
this Article— (a) a soldier shall be deemed to have been a married man at the date
his discharge, if marriage allowance was payable to him on such date ; (b) a soldier who was a married man at the date
his discharge shall continue to be a married man until the happening
whichever
the following events firsthappens and, save as provided by paragraph (c)
this sub-article, no longer— (
his wife, (iii) the lawful annulment
his marriage, (iv) the lawful dissolution
his marriage ; (c) a soldier shall continue to be a married man for so long after the death
his wife or the lawful annulment or lawful dissolution
his marriage as he lives and has a child living the issue
such marriage who is a son under the age
eighteen years or a daughter under the age
twenty-one years and unmarried."
this Article shall be deemed to have come into operation on, and shall have effect as on and from, the 2nd day
September, 1946. 23 Amendment
the Principal Scheme. 23. Sub-article
the Principal Scheme is hereby amended— (a) by the insertion after the words " appointed day "
the words " and before the 2nd day
September, 1946," and (b) by the substitution
the words and figures " Article 26
this Scheme " for the words " the immediately preceding Article." 24 Pensions
long-service soldiers with 15 years' qualifying service and less than 21 years' qualifying service discharged on account
disability or age on or after 2nd September, 1946. 24.
September, 1946, there may, subject to the provisions
this Scheme, be granted to such soldier, such proportion
the pension (including married pension) which would have been granted under Article 26A.
this Scheme to such soldier, if the period
his qualifying service had in fact been twenty-one years, as the actual number
years
his qualifying service bears to the number 21.
disability, (
age."
this Article shall be deemed to have come into operation on, and shall have effect as on and from, the 2nd day
September, 1946. 25 Restrictions on grant
Gratuities under Article 28
the Principal Scheme. 25. No gratuity shall be granted under Article 28
the Principal Scheme to— (
this Article, be granted to such soldier a gratuity calculated at the appropriate rate for each year
his qualifying service. (b) In this sub-article— the expression ` the appropriate rate ' means, in relation to a soldier whose retiring rank is that set out in column
the Table to this sub-article at any reference number, the rate set out in column
his years
qualifying service)
the said Table at the said reference number ; the expression " retiring rank " has, in relation to a short-service soldier, the meaning assigned to thatexpression by Article 25
this Scheme in relation to a long-service soldier. TABLE TO SUB-ARTICLE
ARTICLE 28A. Ref. No. Retiring Rank Rate for each year
qualifying service where total qualifying service less than 7 years Rate for each year
qualifying service where total qualifying service not less than 7 years but less than 13 years Rate for each year
qualifying service where total qualifying service not less than 13 years but less than 21 years
corporal or sergeant 2 0 0 4 0 0 6 0 0 3 Any rank being that
Company Quartermaster Sergeant, Company Sergeant, Battalion Quartermaster Sergeant or Sergean' Major 2 10 0 5 0 0 7 10 0
his army service, or (b) he is discharged as a result
his conviction by a Court-Martial or a Civil Court, or (
being appointed to commissioned rank, or (g) he is transferred to the Reserve at his own request prior to the expiration
his period
army service."
this Article)
the Principal Scheme to the operative date shall be construed as references to the date on which this Scheme comes into operation. 27 Provisions in relation to certain gratuities to soldiers. 27. Where— (a) a gratuity (in this Article referred to as the said gratuity) under Part III
the Principal Scheme or under any regulation other than Defence Force Regulation 4
1945, made under the Defence Forces (Temporary Provisions) Act, 1923 (No. 30
1923), has been paid to any soldier in respect
any period (in this Article referred to as the said period)
qualifying service in the National Army, and (b) the said period is deemed by the Defence Forces (Temporary Provisions) Act, 1945 (No. 10
1945), to form part
a new period
enlistment in the Forces or is aggregated with another period or periods
service, the following provisions shall have effect :— (i) if the said period is so deemed to form part
such soldier's new period
enlistment in the Forces— (I) he may, within such period as the Minister may determine, elect to count the said period as part
his qualifying service under his new enlistment, (II) if he so elects, he shall pay to the Minister a sum equal to the said gratuity, and the said sum may be deducted from any pay due to him, (III) if he does not so elect, then the said period shall not be reckonable as qualifying service for the purpose
any further award
gratuity or any award
pension under the Principal Scheme ; (ii) if the said period is aggregated with another period or periods
service, then he shall pay to the Minister a sum equal to the said gratuity and the said sum may be deducted from any payments subsequently accruing due in respect
pension or gratuity. 28 Amendment
the Principal Scheme. 28. Article 31
the Principal Scheme is hereby amended by the insertion, in lieu
sub-article
the following sub-article— "
the Army Nursing Service, (c) a member whose qualifying service is ten years or more and less than twenty years and who has had her services terminated on account
permanent infirmity
body or mind." 29 Amendment
the Principal Scheme. 29. Article 32
the Principal Scheme is hereby amended in the following respects— (a) by the insertion, in lieu
sub-article
the following sub-article— "
this Scheme, there may be granted to a member to whom this sub-article applies a gratuity
an amount not exceeding a sum equal to one month's pay for each year
her qualifying service. (
permanent infirmity
body or mind ; (ii) a member whose qualifying service is less than twenty years and whose services are terminated for any causes (other than permanent infirmity
body or mind, misconduct or inefficiency)." (b) by the insertion, in lieu
sub-article
the following sub-article— "
a member who was, at the date
her retirement and for not less than five years previous thereto, in receipt
additional pay, her additional pay." 30 Re-enactment with modifications
the Principal Scheme. 30. The Principal Scheme shall be construed and have effect as if there were substituted for Article 33 the following Article— " 33.
the Army Nursing Service under this Part
this Scheme, and (b) the services
such member were terminated on account
infirmity due to injury, and (c) such member has received compensation in respect
such injury, the amount
such compensation may be taken into account in assessing the amount
such pension or gratuity.
the Army Nursing Service under this Part
this Scheme, and (b) the services
such member were terminated on account
infirmity due to injury, and (c) such member subsequently receives compensation in respect
such injury, such pension may be revoked or reduced as on and from the date on which such compensation is paid." 31 Re-enactment with modifications
the Principal Scheme.
this Scheme shall be payable as from the date on which the termination
the services
the member to whom it is payable becomes effective." 32 Amendment
the Principal Scheme. 32. Article 38
the Principal Scheme is hereby amended in the following respects, that is to say— (a) by the insertion, at the end
the definition (contained in sub-article
the expression " service pension "
the following new paragraph— " (c) in relation to a member
the Army Nursing Service, a pension under Part IV
this Scheme "; (b) by the insertion in sub-article
the words " or a member
the Army Nursing Service ". 33 Deductions from pensions and gratuities. 33.
any public claim due or owing to a State authority by the person to whom such pension or gratuity is payable. (b) For the purposes
this sub-article— (i) each
the following shall be a public claim— (I) the sum required to make good any loss, deficiency or irregular expenditure
public money, (II) any deficiency, loss, damage or destruction
public stores, buildings or other public property
which, after due investigation, no explanation satisfactory to the Minister is given by the person or persons responsible ; (ii) each
the following shall be a State authority— (I) A Minister
State, (II) the Commissioners
Public Works in Ireland, (III) the Irish Land Commission.
this Article, payment
the pension or gratuity may be withheld until the amount
the deduction is ascertained."
the Principal Scheme is hereby revoked. 34 Amendments
First Schedule to the Principal Scheme. 34.
sub-rule
Rule 1,
the following sub-rule— "
a person who before being commissioned held non-commissioned rank in the National Army, his qualifying service in non-commissioned rank shall be deemed to be service in commissioned rank in the National Army ". (b) by the insertion in Rule 1
the following two new sub-rules— "
ficer
the Reserve
ficers is appointed to commissioned rank in the Forces, full time service rendered by him during the period, which commenced on the3rd day
September, 1939, and ended on the 31st day
October, 1946, as an
ficer
the Reserve
ficers shall be deemed to be service in the Forces in commissioned rank.
ficer
the Reserve
ficers is appointed to commissioned rank in the Forces, and (b) such
ficer served, as an
ficer, non-commissioned
ficer or volunteer, in the Reserve—The Volunteer Force before the 3rd day
September, 1939, and (c) for the purposes
the age limits for such appointment such
ficer has been allowed to deduct from his actual age a period equal to portion
the time during which he so served in the Reserve—The Volunteer Force, then, the period so deducted shall be deemed to be pensionable service in the Forces ".; (c) by the insertion in Rule 3
the following new paragraph— " (h) any period during which an
ficer was released from permanent service.".
sub-article
this Article shall be deemed to have come into operation on, and shall have effect as on and from the 30th day
September, 1946. 35 Amendment
Second Schedule to the Principal Scheme. 35.
the following new rule— " 6. For the purposes
this Schedule, the number
years' pensionable service
an
ficer retired for any cause (other than age, misconduct, inefficiency, or mental or physical incapacity) whose actual pensionable service is twenty years or more, shall be a number equal to the number
his actual years
pensionable service and five, provided always that the number
years so computed shall not exceed the number
years which an
ficer would have been entitled to reckon for pension purposes had he served in the Forces until he had reached the age limit for retirement appropriate to his rank ". (b) by the substitution, in lieu
the Table thereto,
the following— TABLE TO SECOND SCHEDULE. Retiring Rank Service Element Rank Element Maximum Retired Pay Basic (Service) Element Incremental (Service) Element Maximum (Service) Element Basic (Rank) Element Incremental (Rank) Element Maximum (Rank) Element
this Article shall be deemed to have come into operation on, and shall have effect as on and from the 30th day
September, 1946. 36 Re-enactment with modifications
the Third Schedule to the Principal Scheme. 36. The Principal Scheme shall be construed and have effect as if, for the Third Schedule, there were substituted the following— " THIRD SCHEDULE. Rules for computing retired pay
— (a)
ficers retired for any cause (other than age, misconduct, inefficiency or mental or physical incapacity) whose pensionable service is 12 years or more and less than 20 (Article 7) ; (b)
ficers retired on the grounds
permanent infirmity
body or mind whose pensionable service is 10 years or more and less than 20 (Article 8) ; (c) existing
ficers retired on the grounds
age whose pensionable service is 5 years or more and less than 20 (Article 9) ; (d)
ficers retired or retiring for any cause (other than misconduct) who were appointed to commissioned rank on 8th December, 1933, 19th December, 1933, or 17tb February, 1934, and whose pensionable service is 12 years or more (Article 9A). 1. In this Schedule— the expression " retiring rank ", when used in relation to an
ficer, means— (a) in case he had at the date
his retirement either (
his retirement or the rank
Second Lieutenant, whichever is the higher ; the expression " the appropriate sum ", when used in relation to an
ficer, means the sum specified in the second column
the Table to this Schedule opposite the mention, in the first column,
the said Table
his retiring rank ; the expression " the appropriate number " means— (a) in relation to an
ficer (other than an
ficer appointed to commissioned rank on the 8th day
December, 1933, the 19th day
December, 1933, or the 17th day
February, 1934) retired for any cause (other than age, misconduct, inefficiency or mental or physical incapacity) whose pensionable service is twelve years or more, a number equal to the number
his actual years
pensionable service and five, and (b) in relation to an
ficer retired for any cause (other than misconduct) whose pensionable service is twelve years or more who was appointed to commissioned rank on the 8th day
December, 1933, the 19th day
December, 1933, or the 17th day
February, 1934, a number equal to the number
his actual years
pensionable service and ten, and (c) in relation to an
ficer retired on the ground
permanent infirmity
body or mind whose pensionable service is ten years or more and less than twenty or an existing
ficer retired on the ground
age whose pensionable service is five years or more, a number equal to the number
years
his pensionable service. 2. The yearly amount
the retired pay
an
ficer in whose case this Schedule is applicable shall be a sum equal to whichever is the less
the following— (a) the yearly amount
the retired pay
such
ficer if his pensionable service had been twenty years and his retired pay were computed in accordance with the rules contained in the Second Schedule hereto, and (b) the result obtained by multiplying the appropriate sum by the appropriate number. TABLE Retiring Rank Appropriate Sum
Fourth Schedule to the Principal Scheme. 37.
the heading,
the following— " Rules for computing retired pay
ficers who retire with the consent
the Minister and whose pensionable service is twelve years or more and less than twenty "; (b) by the insertion in the Table thereto
the words " Second Lieutenant or " before the word " Lieutenant " and the words " or Lieutenant-Colonel " after the word " Major ".
Fifth Schedule to the Principal Scheme. 38. The Table to Rule 2
the Fifth Schedule to the Principal Scheme is hereby amended by the insertion
the words " Second Lieutenant or " before the word " Lieutenant " and the words " or Lieutenant-Colonel " after the word " Major ". 39 Amendment
Sixth Schedule to the Principal Scheme. 39.
the expression " retiring rank " there were substituted the following— " retiring rank ", in relation to such person, means— (a) if he retired before the 27th day
October, 1937, the rank held by him on the date
his retirement, (b) if he retired on or after the 27th day
October, 1937,— (i) in case he had at the date
his retirement either (I) five years' pensionable service in the rank held by him at such date or (II) less than five years' service in such rank but was reduced to such rank from a higher rank within five years from such date, the rank held by him at such date, and (ii) in any other case, the rank held by him on the date five years before the date
his retirement or the rank
Second Lieutenant, whichever is the higher.
the words " or Lieutenant-Colonel " after the word " Major ". 40 Re-enactment with modification
the Seventh Schedule to the Principal Scheme. 40.
members
the Army Nursing Service. 1.
this Schedule, the annual emoluments
a member shall be taken to be the sum
the following :— (a) the annual pay
such member at the time
the termination
her service, (b) in case such member was at the time
the termination
her service and for not less than five years previous thereto in receipt
additional pay the annual amount
such additional pay, and (c) the annual amount
the allowances payable to such member at the time
the termination
her service, which shall include— (
indoor and outdoor uniform, (iii) an allowance in respect
accommodation which shall be fixed from time to time by the Minister with the consent
the Minister for Finance.
paragraph (a)
sub-rule
this Rule, the annual pay
a member at the time
the termination
her service shall, in case she held her retiring grade for less than twelve months, be taken to be the annual pay appropriate to the grade held by her immediately before the commencement
the period
twelve months ending on the date
the termination
her service.
sub-rule
this Rule— (a) a member provided with rations in kind shall be deemed to be in receipt
consolidated ration allowance, and (b) a member provided with uniform in kind shall be deemed to be in receipt
uniform allowance in respect
indoor and outdoor uniform. 2.
— (a) a member whose qualifying service is ten years or more but less than twenty years, are terminated on account
permanent infirmity
body or mind, due to disease or injury contracted as the actual result
the employment, or (b) a member whose qualifying service is twenty years or more and less than thirty years, are terminated on account
disease or injury contracted as the actual result
the nature
the employment, or owing to reorganisation
the Army Nursing Service, the Minister may, if he thinks fit, direct that, for the purposes
computing the amount
the pension
such member under this Schedule, there shall be added to her qualifying service a number
years (in this Rule referred to as the added years) not exceeding one-third
her years
qualifying service or the difference between her qualifying service and thirty years, whichever is the less, and in that case her qualifying service shall for the said purposes be taken to be her years
qualifying service increased by the added years.
a member, whose qualifying service is fifteen years or more but less than twenty years, are terminated owing to reorganisation
the Army Nursing Service, the Minister may, if he thinks fit, direct that, for the purposes
computing the amount
the pension
such member under this Schedule, there shall be added to her qualifying service a number
years (in this Rule referred to as the added years) not exceeding one-third
her years
qualifying service and in that case her qualifying service shall, for the said purposes, be taken to be her years
qualifying service increased by the added years. 3.
a pension payable to a member in whose case this Schedule is applicable shall be whichever is the less
the following, that is to say :— (a) one-sixtieth
her annual emoluments for each year
her qualifying service, with an additional one-sixtieth for the twenty-first and each succeeding year
qualifying service; (b) two-thirds
her annual emoluments."
certain deceased
ficers. 41.
ficer dies while serving in the Forces, and (b) the circumstances are such that a gratuity could have been granted to him under sub-article
the Principal Scheme on his retirement from the Forces if be had retired voluntarily on the date
his death, and (c) such
ficer leaves a relative, the Minister may pay in respect
such
ficer a gratuity
an amount equal to the amount
the gratuity which could have been granted to such
ficer under sub-article
(as the case may be)
the Principal Scheme if he had retired voluntarily on the date
his death.
ficer who held temporary commissioned rank dies while serving in the Forces, and (b) the circumstances are such that a gratuity could have been granted to him under Article 12b
the Principal Scheme if he had ceased to hold such temporary commissioned rank on the date
his death, and (c) such
ficer leaves a relative, the Minister may pay, in respect
such
ficer, a gratuity
an amount equal to the amount which could have been granted to such
ficer under Article 12B
the Principal Scheme if he had ceased to hold such temporary commissioned rank on the date
his death.
ficer, to whom a gratuity could have been granted, under sub-article
A
the Principal Scheme on his voluntary retirement from the Forces dies after his voluntary retirement and before the grant
the said gratuity, or (ii) an
ficer who held temporary commissioned rank in the Forces and to whom a gratuity could have been granted under Article 12B
the PrincipalScheme, dies after ceasing to hold such temporary commissioned rank and before the grant
the said gratuity, and (b) such
ficer leaves a relative, the Minister may pay, in respect
such
ficer, a gratuity
an amount equal to the amount
the gratuity which could have been so granted.
an
ficer may be paid under sub-article
this Article, such gratuity shall (if granted) be paid— (
the others or other,
the said relatives as the Minister may appoint and, if such power is exercised in favour
more than one
them, in such shares as the Minister may appoint.
this Article each
the following and no other persons shall be a relative
an
ficer— (
that gratuity.
this Article shall be deemed to have come into operation on, and shall have effect as on and from, the 3rd day
September, 1946. 42 Gratuities in respect
certain deceased soldiers. 42.
or under Article 28 or Article 28A
the Principal Scheme if he had been discharged from the Forces on the date
his death, and (c) such soldier leaves a relative, the Minister may pay, in respect
such soldier, a gratuity 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 the rate mentioned in Article 28 or Article 28A
the Principal Scheme (as the case may be).
or under Article 28 or Article 28A
the Principal Scheme on his discharge from the Forces) dies after his discharge and before the grant
the said gratuity, and (b) such soldier leaves a relative, the Minister may pay, in respect
the said soldier, a gratuity
an amount equal to the amount
the gratuity which could have been so granted.
his death, and (d) such soldier leaves a relative, the Minister may pay, in respect
the said soldier, a gratuity
an amount equal to 365 days' pay at the rate appropriate to the said soldier's rank at his death and calculated in accordance with sub-article
the Principal Scheme.
the pension to him, or (
the said soldier, a gratuity
an amount equal to 365 days' pay at the rate appropriate to the said soldier's rank at the date
his discharge calculated in accordance with sub-article
the Principal Scheme.
a pension granted under Articles 26, 26A, 27 or 27A
the Principal Scheme, and (b) the amount
the payments made to him on foot
the pension is less than the amount
the gratuity which could have been paid in respect
him under sub-article
this Article if he had died while serving in the Forces, and (c) such soldier leaves a relative, the Minister may pay, in respect
the said soldier, a gratuity equal to the difference between the payments so made to him on foot
the said pension and the gratuity referred to in paragraph (b)
this sub-article.
a soldier may be paid under sub-article
this Article, such gratuity shall (if granted) be paid— (
the others or other,
the said relatives as the Minister may appoint and, if such power is exercised in favour
more than one
them, in such shares as may appoint.
this Article each
the following and no other persons shall be a relative
a deceased soldier— (
the Amending Scheme
1940 is hereby revoked.
that gratuity.
this Article shall be deemed to have come into operation on, and shall have effect as on and from, the 3rd day
September, 1939. 43 Grant
reduced pensions and gratuities in certain cases. 43. Where a pension or gratuity may be granted under the Principal Scheme or this Scheme to a person who served as an
ficer or a soldier in the National Army or the Reserve, the Minister may, if in his opinion that person's defaults or demerits while so serving warrant such a course, grant to such person a pension or gratuity
a lesser amount than would, but for this Article, be granted. 44 References to Army Pensions Acts. 44. References in the Principal Scheme to the Army Pensions Acts, 1923 to 1937, shall be construed as references to the Army Pensions Acts, 1923 to 1946, as amended by any subsequent enactment. GIVEN under my
ficial Seal, this 26th day
April, 1947. OSCAR TRAYNOR, Minister for Defence. I consent to the foregoing Scheme. PROINNSÍAS MAC AODHAGÁIN, 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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