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S.I. No. 270/1985 - Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1985.

Obsah (6)Article 7Article 22Article 24Article 5Article 12Article 26

S.I. No. 270/1985 - Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1985. Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gae

Article 7of the No.

8 Amending Scheme of 1984) there were substituted the following Table: TABLE " Rank Amount of Pension Second Lieutenant or Lieutenant £1,392.72 a year or 25 per cent of the deceased officer's retired pay, whichever is greater. Captain £1,707.12 a year or 30 per cent of the deceased officer's retired pay, whichever is greater. Commandant £2,012.88 a year or 31.5 per cent of the deceased officer's retired pay, whichever is greater. Major or Lieutenant-Colonel £2,283.24 a year or 28 per cent of the deceased officer's retired pay, whichever is greater. Colonel £2,727.24 a year or 27.5 per cent of the deceased officer's retired pay, whichever is greater. Major-General or higher rank £3,029.88 a year or 25.5 per cent of the deceased officer's retired pay, whichever is greater. "

(2)For the purpose of Article 20
(1)of the Principal Scheme, as amended by this Article, a deceased officer's retired pay means— ( a ) in the case of an officer who died while in receipt of retired pay, (
  1. i)where he retired or was retired before the 2nd day of February, 1984 and died before the 1st day of January, 1985, the retired pay which would be payable to him if the date of his retirement had been the 2nd day of July, 1984 and his appointment, rank, service in that rank and total service were the same as those on the date of his actual retirement, increased by 3 per cent; (
  2. ii)where he retired or was retired on or after the 2nd day of February, 1984 and before the 2nd day of December, 1984 and died before the 1st day of January, 1985, the actual retired pay payable to him at date of death, increased by 3 per cent; (iii) where he retired or was retired on or after the 2nd day of December, 1984 and died before the 1st day of January, 1985, the retired pay which would be payable to him if the date of his retirement had been the 2nd day of January, 1985 and his appointment, rank, service in that rank and total service were the same as those on the date of his actual retirement; (
  3. iv)in any other case the actual retired pay payable to him at the date of death, ( b ) in the case of an officer who died before qualifying for retired pay, his accrued retired pay which will be calculated by crediting him with the amount of pensionable service, including service in his rank, which he would have had if he had served to the retiring age prescribed for his rank, or the age of 65 in the case of a person of higher rank than Major-General, and which will be— (
  4. i)in the case of an officer who died before the 1st day of February, 1984, the appropriate rate of retired pay, in force on the 1st day of July, 1984, for an officer of his rank and service, increased by 3 per cent; (
  5. ii)in the case of an officer who died on or after the 1st day of February, 1984 and before the 1st day of December, 1984 the appropriate rate of retired pay, in force on the date of his death, for an officer of his rank and service, increased by 3 per cent; (iii) in the case of an officer who died on or after the 1st day of December, 1984 and before the 1st day of January, 1985, the appropriate rate of retired pay, in force on the 1st day of January, 1985, for an officer of his rank and service; (
  6. iv)in any other case, the appropriate rate of retired pay, in force on the date of his death, for an officer of his rank and service.
(3)Notwithstanding anything contained in Article 20
(1)of the Principal Scheme, where an officer— ( a ) died while serving prior to the 23rd day of July, 1968, with five years' pensionable service or more, or ( b ) retired prior to the 23rd day of July, 1968 and dies while in receipt of retired pay, there may be paid to the widow of such deceased officer— (i) the appropriate amount in the Table to the said Article 20
(1)(

this Article), or (ii) an amount equal to five-sixths of the pension which would be payable to her if her deceased husband had been a member of the No. 2 Amending Scheme of 1983 and the date of his death or retirement had been the 2nd day of July, 1984, increased by 3 per cent, whichever is the greater.

(4)This Article shall be deemed to have come into operation on the 1st day of January, 1985. 8 Increase of pensions of certain decreased officers' children. 8.
(1)Every pension payable under Article 20
(2)of the Principal Scheme to a child of a deceased officer shall be increased as follows: ( a ) while the child's mother is living — to £467.76 a year, ( b ) after the death of the child's mother — to £686.88 a year.
(2)Notwithstanding anything contained in Article 20
(2)of the Principal Scheme, where an officer— ( a ) died while serving prior to the 23rd day of July, 1968, with five years' pensionable service or more, or ( b ) retired prior to the 23rd day of July, 1968 and dies while in receipt of retired pay, there may be paid to the child of such deceased officer— (i) the appropriate amount under sub-article
(1)of this Article, or (ii) an amount equal to five-sixths of the pension which would be payable to the child if the deceased officer had been a member of the No. 2 Amending Scheme of 1983 and the date of his death or retirement had been the 2nd day of July, 1984, increased by 3 per cent, whichever is the greater.
(3)This Article shall be deemed to have come into operation on the 1st day of January,
  1. 9 Increase of pensions under Article 26A or 27A of the Principal Scheme.
  2. The pension payable under Article 26A of the Principal Scheme (

Article 22

of the Amending Scheme of 1947) or Article 27A of the Principal Scheme (

Article 24

of the said amending Scheme of 1947), including pensions increased under Article 28B of the Principal Scheme (

Article 5of the Defence Forces (Pensions) (Amendment) (No.

4) Scheme, 1984 ( S.I. No. 114 of 1984 ) ), to a soldier shall, with effect from the 1st day of January, 1985, be— ( a ) in the case of a soldier discharged before the 1st day of February, 1984, the amount which would be payable to him if the date of his discharge had been the 1st day of July, 1984 and his rank, service in that rank and total service were the same as those on the date of his actual discharge, increased by 2.98 per cent; ( b ) in the case of a soldier discharged on or after the 1st day of February, 1984 and before the 1st day of December, 1984, the actual amount payable to him at the date of his discharge, increased by 2.98 per cent; ( c ) in the case of a soldier discharged on or after the 1st day of December, 1984 and before the 1st day of January, 1985, the amount which would be payable to him if the date of his discharge had been the 1st day of January, 1985 and his rank, service in that rank and total service were the same as those on the date of his actual discharge. 10 Increase of pensions of certain members of the Chaplaincy Service. 10. The pension payable under Part IVA of the Principal Scheme (

Article 12of the Defence Forces (Pensions) (Amendment) Scheme, 1949 ( S.I.

No. 209 of 1949 )), to a member of the Chaplaincy Service shall, with effect from the 1st day of January, 1985, be— ( a ) in the case of a member whose services were terminated with effect from a date prior to the 2nd day of December, 1984, the amount which would be payable to him if the effective date of the termination of his services had been the 2nd day of January, 1985 and his grade of appointment, service in that grade and total service were the same as those on the actual effective date of the termination of his services and such amount shall be calculated by reference to the rate of annual pay appropriate to a member of his grade of appointment with effect from the 1st day of January, 1985, exclusive of any increase in annual pay appropriate to that grade of appointment granted with effect from the 1st day of December, 1984; ( b ) in the case of a member whose services were terminated with effect from a date on or after the 2nd day of December, 1984 and before the 2nd day of January, 1985, the amount which would be payable to him if the effective day of the termination of his services had been the 2nd day of January, 1985 and his grade of appointment, service in that grade and total service were the same as those on the actual effective date of the termination of his services. 11 Amendment of Article 20

(1)of the Amending Scheme of
  2. Article 20
(1)of the Defence Forces (Pensions) (Amendment) Scheme, 1953 ( S.I. No. 259 of 1953 ), shall with effect from the 1st day of January, 1985, have effect as if for the Table thereto (

Article 12of the No.

8 Amending Scheme of 1984) there were substituted the following Table. "TABLE Notwithstanding anything to the contrary in Article 38 of the Principal Scheme, no reduction of service pension shall be made under that Article so as to reduce the total of the service pension and the disablement pension to less than the greater of the following amounts:— ( a ) the sum of £3,252 a year, ( b ) the sum of the greater of such pensions and one half the lesser". 12 Provision regarding abatement of pensions of soldiers in certain cases. 12. The reference in Article 38

(1)(b) of the Principal Scheme to a pension under Part III of that Scheme shall, in relation to a soldier discharged before the date of the coming into operation of Article 15 of the Defence Forces (Pensions) (Amendment) Scheme, 1956 ( S.I. No. 35 of 1956 ), be deemed to exclude £15.60 a week with effect from the 1st day of January, 1985. 13 Amendment of Article 15 of the Amending Scheme of 1978. 13.
(1)Article 15
(2)of the Amending Scheme of 1978 (as amended by Article 14 of the No. 8 Amending Scheme of 1984), is hereby further amended, with effect from the 1st day of January, 1985, by the substitution of "£3,252" for "£3,156" and the said Article 15
(2)as so amended is set out in the Table to this Article. "TABLE 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— (
  1. i)the sum of the greater benefit plus one half of the lesser benefit, or, if greater (
  2. ii)£3,252 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 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 February, 1984, or who retired or was retired 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 July, 1984, increased by 3 per cent, and ( c ) in the case of an officer, who died in service on or after the 1st day of February, 1984 and before the 1st day of December, 1984, or who retired or was retired on or after the 2nd day of February, 1984 and before the 2nd day of December, 1984 shall be taken as the actual pay payable to him at date of death or retirement, as the case may be, increased by 3 per cent, and ( d ) in the case of an officer, who died in service on or after the 1st day of December, 1984 and before the 1st day of January, 1985, or who retired or was retired on or after the 2nd day of December, 1984 and before the 2nd day of January, 1985, shall be taken as the pay which would be payable to him if he had been serving on the 1st day of January, 1985, and ( e ) in any other cases, shall be the actual pay payable at the date of death or retirement, as the case may be. 14 Amendment of Article 28A of the Principal Scheme. 14.
(1)Article 28A
(2)of the Principal Scheme (

Article 26

of the Amending Scheme of 1947) is hereby amended in the following respects— ( a ) by the revocation of paragraph (

  1. a)and ( b ) by the insertion in paragraph (
  2. g)of the words "other than on compassionate grounds" after the words "at his own request".

(2)This Article shall be deemed to have come into operation on the 1st day of August,
  1. GIVEN under my Official seal, this 16th day of August,
  2. 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 16th day of August,
  3. JOHN BOLAND. EXPLANATORY NOTE. This Statutory Instrument provides for the increases effective from 1st January, 1985 in the pensions of Army personnel (including members of the Chaplaincy Service) payable under the Defence Forces (Pensions) Schemes, 1937 to
  4. It also amends, in other respects, the Defence Forces (Pensions) Schemes, 1937 to
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