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ARTICLES. Article.
Interpretation Act,
retired pay
ficers retiring before 2nd November, 1952, whose retired pay and disablement pension (if any) does not exceed £450. 6. Increase
retired pay
ficers retiring before 2nd November, 1952, whose retired pay and disablement pension (if any) exceeds £450. 7. Restriction
application
the Principal Scheme. 8. Amendment
B
the Principal Scheme. 9. Retired pay
certain
ficers retiring with twelve and less than twenty years service. 10. Increase
pensions under Article 19
the Principal Scheme. 11. Amendment
the Principal Scheme. 12. Further amendment
the Principal Scheme. 13. Increase
pensions under Articles 26A and 27A
the Principal Scheme. 14. Increase
pensions to members
Army Nursing Service resigning, etc., before 2nd November, 1952. 15. Increase
pensions to members
Chaplaincy Service whose services were terminated before 2nd November, 1952. 16. Amendment
the Principal Scheme. 17. Amendment
First Schedule to the Principal Scheme. 18. Further amendment
First Schedule to the Principal Scheme. 19. Amendment
Fifth Schedule to the Principal Scheme. 20. Amendment
Sixth Schedule to the Principal Scheme. 21. Amendment
the Amending Scheme
Articles 5, 6, 10, 11, 13, 14, 15, 20
the powers conferred on me by sections 2 , 3 and 5
the Defence Forces (Pensions) Act, 1932 (No. 26
1932), and by section 4
the Defence Forces (Pensions) (Amendment) Act, 1938 (No. 33
1938), hereby, with the consent
the Minister for Finance, make the following Scheme : 1 Short title and commencement. 1.
each House
the Oireachtas. 2 Application
Interpretation Act, 1937 . 2. The Interpretation Act, 1937 (No. 38
1937), applies to this Scheme. 3 Interpretation, construction and collective citation. 3.
1937 ), as amended by subsequent Schemes but not including this Scheme ; " the Amending Scheme
1947 " means the Defence Forces (Pensions) (Amendment) Scheme, 1947 ( S. R. & O. No. 81
1947 ) ; " the Amending Scheme
1953 " means the Defence Forces (Pensions) (Amendment) Scheme, 1953 ( S.I. No. 259
1953 ) ; " retired pay " means retired pay under any provision
the Principal Scheme.
this Scheme " the appropriate sum " means— (a) where the amount
the retired pay or pension does not exceed £100 a year, fifteen per cent.
the amount
the retired pay or pension, (b) where the amount
the retired pay or pension exceeds £100 a year but does not exceed £125 a year, £15 a year, (c) where the amount
the retired pay or pension exceeds £125 a year but does not exceed £150 a year, twelve per cent.
the amount
the retired pay or pension, (d) where the amount
the retired pay or pension exceeds £150 a year but does not exceed £200 a year, £18 a year, (e) where the amount
the retired pay or pension exceeds £200 a year but does not exceed £300 a year, nine per cent.
the amount
the retired pay or pension, (f) where the amount
the retired pay or pension exceeds £300 a year but does not exceed £450 a year, £27 a year.
paragraph
this Article, the amount
the retired pay and
a pension shall be, respectively, the amount
the retired pay in full and
the full pension (including, in the case
a person entitled to a married pension under Article 26A or Article 27A
the Principal Scheme, such married pension) whether the retired pay or pension is in course
payment in full, in part or not at all. 5 Increase
retired pay
ficers retiring before 2nd November, 1952, whose retired pay and disablement pension (if any) does not exceed £450. 5.
ficer who retired or was retired before the 2nd day
November, 1952, and who was granted retired pay the amount
which taken alone or the net amount
which when aggregated with any disablement pension payable to him does not exceed £450 per annum.
an
ficer to whom this Article applies shall, subject to paragraph
this Article, be increased to whichever
the following amounts is the lesser— (a) the amount
his retired pay, increased by the appropriate sum, (b) the amount
the retired pay which would be payable to him if the date
his retirement was the 2nd day
November, 1952, and his rank, service in that rank, total service and single or married status were the same as those on the date
his actual retirement.
ficer to whom this Article applies is in receipt
retired pay, and (b) he is also in receipt
a disablement pension, and (c) the aggregate amount
— (i) the net amount
his retired pay, and (ii) the amount
the disablement pension, is £450 or less per annum but would, if his retired pay were increased under paragraph
this Article, exceed £477 per annum,then, his retired pay shall be increased under the said paragraph
the net amount
his retired pay and
the amount
the disablement pension up to £477 per annum. 6 Increase
retired pay
ficers retiring before 2nd November, 1952, whose retired pay and disablement pension (if any) exceeds £450. 6.
ficer who retired or was retired before the 2nd day
November, 1952, and who was granted retired pay the amount
which taken alone or the net amount
which when aggregated with any disablement pension payable to him exceeds £450 per annum.
an
ficer to whom this Article applies shall be increased to whichever
the following amounts is the lesser— (a) the amount
his retired pay, increased by six per cent., (b) the amount
the retired pay which would be payable to him if the date
his retirement was the 2nd day
November, 1952, and his rank, service in that rank, total service and single or married status were the same as those on the date
his actual retirement. 7 Restriction
application
the Principal Scheme. 7. Article 7
the Principal Scheme (inserted by Article 6
the Amending Scheme
1947) shall not apply in the case
an
ficer to whom Article 12B (inserted by Article 12
the Amending Scheme
1947)
the Principal Scheme, as amended by Article 8
this Scheme, relates and who is retired on the expiry
the period for which his appointment to temporary commissioned rank was intended to last. 8 Amendment
B
the Principal Scheme. 8.
B
the Principal Scheme is hereby amended— (a) by the insertion immediately after paragraph (a)
— " (aa) an
ficer
the forces who was serving in the Naval Service on or after the 28th day
February, 1957, was appointed to temporary commissioned rank in the forces before the commencement
the Defence Forces (Pensions) (Amendment) Scheme, 1957, and retires or is retired without being appointed to permanent commissioned rank in the forces or to be an
ficer without limitation as to time, as the case may be, or " ; (b) by the substitution in paragraph (vi)
" £65 " for " £55 " ; and (c) by the insertion after paragraph (vi)
— " (vii) in respect
the period (if any)
such service during which he held the rank
commander and was a married man, at the rate
£75 per annum, and (viii) in respect
the period (if any)
such service during which he held the rank
ensign and was a married man, at the rate
£40 per annum."
the Principal Scheme, as amended by this Article, to an
ficer to whom an award is made under any other provision
the Principal Scheme, as amended by this Scheme.
this Article shall be deemed to have come into operation on the 28th day
February, 1957. 9 Retired pay
certain
ficers retiring with twelve and less than twenty years service. 9. The Principal Scheme shall be construed and have effect as if there were inserted, after Article 10, the following new Article : " 10A. Where an
ficer to whom Article 12B
this Scheme as amended by Article 8
the Defence Forces (Pensions) (Amendment) Scheme, 1957, relates whose pensionable service is twelve years or more and less than twenty years is retired on the expiry
the period for which his appointment to temporary commissioned rank was intended to last or is required to retire on the grounds
age, there may, subject to the provisions
the Defence Forces (Pensions) Schemes, 1937 to 1957, be granted to such
ficer retired pay
an amount computed in accordance with the rules contained in the Fourth Schedule hereto ". 10 Increase
pensions under Article 19
the Principal Scheme. 10. Every pension payable under Article 19
the Principal Scheme shall be increased by the appropriate sum. 11 Amendment
the Principal Scheme. 11. Sub-article
the Principal Scheme shall have effect as if for the Table thereto there were substituted the following : " TABLE TO ARTICLE 20
Pension £ s. d. Second Lieutenant or Lieutenant 77 10 0 Captain 95 0 0 Commandant 112 0 0 Major or Lieutenant-Colonel 127 10 0 Colonel 151 0 0 Major-General or higher rank 168 0 0 " 12 Further amendment
the Principal Scheme. 12.
the Principal Scheme is hereby amended by the substitution for paragraph (b)
sub-article
the following : " (b) who retired on the grounds
age or who was compulsorily retired for causes other than misconduct or inefficiency or who was retired on the grounds
permanent infirmity
mind or body, and ".
the Defence Forces (Pensions) (Amendment) Scheme, 1940 ( S. R. & O. No. 299
1940 ), is hereby revoked.
the Defence Forces (Pensions) Scheme, 1937 ( S. R. & O. No. 249
1937 ). 13 Increase
pensions under Articles 26A and 27A
the Principal Scheme. 13. A pension payable under Article 26A or Article 27A
the Principal Scheme (inserted, respectively, by Article 22 and Article 24
the Amending Scheme
1947) to a soldier discharged from the Forces before the 1st day
November, 1952, shall be increased to whichever
the following amounts is the lesser— (a) the amount
the pension payable to him under the said Article 26A or the said Article 27A, as the case may be, increased by the appropriate sum, (b) the amount which would be payable to him under those Articles if the date
his discharge was the 1st day
November, 1952, and his rank, service in that rank, total service and single or married status were the same as those on the date
his actual discharge. 14 Increase
pensions to members
Army Nursing Service resigning, etc. before 2nd November,
the Principal Scheme to a member
the Army Nursing Service who resigned or whose services were terminated with effect from a date prior to the 2nd day
November, 1952, shall be increased to whichever
the following amounts is the lesser— (a) the amount
the pension payable to her under the said Part IV, increased by the appropriate sum, (b) the amount which would be payable to her under the said Part IV if the date
her resignation or
the termination
her services was the 2nd day
November, 1952, and her retiring grade, service in that grade and total service were the same as those on the date
her actual resignation or
the actual termination
her services (as the case may be). 15 Increase
pensions to members
Chaplaincy Service whose services were terminated before 2nd November, 1952. 15. A pension payable under Part IVA
the Principal Scheme (inserted by Article 12
the Defence Forces (Pensions) (Amendment) Scheme, 1949 ( S.I. No. 209
1949 )) to a member
the Chaplaincy service whose services were terminated with effect from a date prior to the 2nd day
November, 1952, shall be increased to whichever
the following is the lesser— (a) the amount
the pension payable to him under the said Part IVA, increased by the appropriate sum, (b) the amount which would be payable to him under the said Part IVA if the date
termination
his services was the 2nd day
November, 1952, and his grade
appointment, service in that grade and total service were the same as those on the date
the actual termination
his services. 16 Amendment
the Principal Scheme. 16. The Principal Scheme is hereby amended by the substitution for Article 37
the following Article— " 37. Pensions shall be payable monthly in arrear, subject to such conditions as the Minister may direct.". 17 Amendment
First Schedule to the Principal Scheme. 17.
Rule 1
the following sub-rule : " (2A) In the case
a person who, on the day immediately preceding the day
his being commissioned in the Forces, had continuous service comprising as follows : (
ficer
the Reserve
ficers at any time during the period which commenced on the 3rd day
September, 1939, and ended on the 31st day
October, 1946, such continuous service shall be deemed to be service in commissioned rank in the National Army."
ficer was, before the coming into operation
this Scheme, paid a short service gratuity under Article 12
the Principal Scheme in respect
any period
pensionable service, and (b) that period formed part
a total period
pensionable service in respect
which a grant
retired pay or a grant
retired pay and married
ficer's gratuity is, by virtue
paragraph
this Article, payable to such
ficer under the Principal Scheme,the amount
the short service gratuity shall be recoverable from any payment accruing due on foot
such retired pay or such retired pay and married
ficer's gratuity.
September, 1950. 18 Further amendment
First Schedule to the Principal Scheme. 18.
Rule 3
the First Schedule to the Principal Scheme shall not apply in the case
the
ficers referred to in paragraph (a) and paragraph (b)
sub-article
B
the Principal Scheme.
the following sub-rule : " (i) in the case
the
ficers referred to in paragraph (a) and paragraph (b)
sub-article
B
this Scheme, any period
service before the 1st day
November, 1946." 19 Amendment
Fifth Schedule to the Principal Scheme. 19. The Fifth Schedule to the Principal Scheme is hereby amended by the substitution for Rule 1
the following Rule : "1. In this Schedule ' retiring rank '— (a) in relation to an
ficer (other than an
ficer to whom Article 6
this Scheme applies) whose pensionable service is twenty years or more, has the same meaning as in the Second Schedule to this Scheme, (b) in relation to an
ficer whose pensionable service is less than twenty years, has the same meaning as in the Third Schedule to this Scheme, and (c) in relation to an
ficer to whom Article 6
this Scheme applies, means the actual rank held by him at the date
his retirement." 20 Amendment
Sixth Schedule to the Principal Scheme. 20.
the Sixth Schedule to the Principal Scheme " the hypothetical maximum (civil) pension " in relation to a person who retired from the Civil Service or the Garda Síochána before the 1st day
November, 1952, shall, notwithstanding Rule 1
that Schedule, mean two-thirds
the pensionable salary
which such person was in receipt at the date
such retirement, increased by six per cent.
the Table thereto
" Second Lieutenant or " before " Lieutenant ". 21 Amendment
the Amending Scheme
1953 is hereby amended by the substitution for Article 14
the following Article : " 14. A child's pension mentioned in sub-article
the Principal Scheme shall be increased by seventy-two and one-half per cent." 22 Commencement
Articles 5, 6, 10, 11, 13, 14, 15, 20
and Article 21
this Scheme shall be deemed to have come into operation on the 1st day
August,
the Schedule to this Scheme is hereby amended in the manner indicated in the second column
the Schedule opposite the mention
such Scheme. SCHEDULE. MISCELLANEOUS AMENDMENTS. Scheme How amended Defence Forces (Pensions) Scheme, 1937 ( S. R. & O. No. 249
1937 ). In Article 36— (a) in sub-article
the Minister for Finance) " shall be deleted ; (b) in sub-article
the Minister for Finance " shall be deleted in both places where those words occur. In the Seventh Schedule, in subparagraph (iii)
paragraph (c)
sub-rule
Rule 1, " with the consent
the Minister for Finance " shall be deleted. In the Eighth Schedule, in subparagraph (ii)
paragraph (b)
sub-rule
Rule 1, " with the consent
the Minister for Finance " shall be deleted. Defence Forces (Pensions) (Amendment) Scheme, 1953 ( S.I. No. 259
1953 ). In sub-article
, " with the consent
the Minister for Finance " shall be deleted. In Article 21, " made with the consent
the Minister for Finance " shall be deleted in both places where those words occur. GIVEN under my
ficial Seal, this 12th day
July, 1957. CAOIMHGHÍN Ó BEOLÁIN, Minister for Defence. The Minister for Finance hereby consents to the foregoing Scheme. SÉAMAS Ó RIAIN. GIVEN under the
ficial Seal
the Minister for Finance, this 12th day
July, 1957. Explanatory Note. This statutory instrument provides increases in the pensions
Army personnel (including members
the Nursing and Chaplaincy Services) whose services ceased before 1st November,
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