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S.I. No. 288/1987 - Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1987.

Obsah (6)Article 7Article 9Article 22Article 24Article 5Article 12

S.I. No. 288/1987 - Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1987. Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gae

Article 7of the No.

6 Amending Scheme of 1985) there were substituted the following Table: TABLE " Rank Amount of Pension Second Lieutenant or Lieutenant £1,503.96 a year or 25 per cent of the deceased officer's retired pay, whichever is greater. Captain £1,843.44 a year or 30 per cent of the deceased officer's retired pay, whichever is greater. Commandant £2,173.56 a year or 31.5 per cent of the deceased officer's retired pay, whichever is greater. Major or Lieutenant-Colonel £2,465.52 a year or 28 per cent of the deceased officer's retired pay, whichever is greater. Colonel £2,944.80 a year or 27.5 per cent of the deceased officer's retired pay, whichever is greater. Major-General or higher rank £3,271.68 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 July, 1985 and died before the 1st day of May, 1986, the retired pay which would be payable to him if the date of his retirement had been the 2nd day of July, 1985 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 July, 1985 and before the 2nd day of September, 1985 and died before the 1st day of May, 1986, 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 September, 1985 and died before the 1st day of May, 1986, the retired pay which would be payable to him if the date of his retirement had been the 2nd day of May, 1986 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 July, 1985, the appropriate rate of retired pay, in force on the 1st day of July, 1985, 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 July, 1985 and before the 1st day of September, 1985 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 September, 1985 and before the 1st day of May, 1986, the appropriate rate of retired pay, in force on the 1st day of May, 1986, 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 eleven-twelfths 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, 1985, 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 May, 1986. 10 Further increase of pensions of certain deceased officers' widows 10.
(1)Article 20
(1)of the Principal Scheme shall have effect as if for the Table thereto (

Article 9

of this Scheme) there were substituted the following Table: TABLE " Rank Amount of Pension Second Lieutenant or Lieutenant £1,515.96 a year or 25 per cent of the deceased officer's retired pay, whichever is greater. Captain £1,858.08 a year or 30 per cent of the deceased officer's retired pay, whichever is greater. Commandant £2,190.84 a year or 31.5 per cent of the deceased officer's retired pay, whichever is greater. Major or Lieutenant- Colonel £2,485.08 a year or 28 per cent of the deceased officer's retired pay, whichever is greater. Colonel £2,968.08 a year or 27.5 per cent of the deceased officer's retired pay, whichever is greater. Major-General or higher rank £3.297.60 a year or 25.5 per cent of the deceased officer's retired pay, whichever is greater. "

(2)For the purposes 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, the retired pay which would be payable to him if the date of his retirement had been the 2nd day of May, 1986 and his appointment, rank, service in that rank and total service were the same as those on the date of his actual retirement, ( 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 based on the appropriate rate of retired pay in force on the 1st day of May, 1986, 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 eleven-twelfths 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 May, 1986, whichever is the greater.

(4)This Article shall be deemed to have come into operation on the 1st day of July, 1986. 11 Increase of pensions of certain deceased officers' children 11.
(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 £505.20 a year, and ( b ) after the death of the child's mother — to £741.84 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 subarticles
(1)of this Article, or (ii) an amount equal to eleven-twelfths 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, 1985, 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 May, 1986. 12 Further increase of pensions of certain deceased officers' children. 12.
(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 £509.28 a year, and ( b ) after the death of the child's mother — to £747.72 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 subarticles
(1)of this Article, or (ii) an amount equal to eleven-twelfths 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 May, 1986, whichever is the greater.
(3)This Article shall be deemed to have come into operation on the 1st day of July,
  1. 13 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 No.

4 Amending Scheme of 1984), to a soldier shall, with effect from the 1st day of May, 1986, be— ( a ) in the case of a soldier discharged before the 1st day of July, 1985, the amount which would be payable to him if the date of his discharge had been the 1st day of July, 1985 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 July, 1985 and before the 1st day of September, 1985, 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 September, 1985 and before the 1st day of May, 1986, the amount which would be payable to him if the date of his discharge had been the 1st day of May, 1986 and his rank, service in that rank and total service were the same as those on the date of his actual discharge. 14 Further increase of pensions under Article 26A or 27A of the Principal Scheme. 14. 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 No.

4 Amending Scheme of 1984), to a soldier discharged before the 1st day of September, 1985, shall, with effect from the 1st day of July, 1986, be the amount which would be payable to him if the date of his discharge had been the 1st day of May, 1986, and his rank, service in that rank and total service were the same as those on the date of his actual discharge. 15 Increase of pensions of certain members of the Army Nursing Service.

  1. The pension payable under Part IV of the Principal Scheme to a member of the Army Nursing Service shall, with effect from the 1st day of May, 1986, be— ( a ) in the case of a member who resigned or whose services were terminated with effect from a date prior to the 2nd day of September, 1985, the amount which would be payable to her if the effective date of her resignation or of the termination of her services had been the 2nd day of May, 1986, and her rank, service in that rank and total service were the same as those on the actual effective date of her resignation or of the termination of her services and such amount shall be calculated by reference to the rate of annual pay appropriate to a member of her rank and service in that rank with effect from the 1st day of May, 1986, exclusive of any increase in annual pay appropriate to that rank granted with effect from the 1st day of September, 1985; ( b ) in the case of a member who resigned or whose services were terminated with effect from a date on or after the 2nd day of September, 1985 and before the 2nd day of May, 1986, the amount which would be payable to her if the effective date of her resignation or of the termination of her services had been the 2nd day of May, 1986, and her rank, service in that rank and total service were the same as those on the actual effective date of her resignation or of the termination of her services. 16 Further increase of pensions of certain members of the Army Nursing Service.
  2. The pension payable under Part IV of the Principal Scheme to a member of the Army Nursing Service who resigned or whose services were terminated with effect from a date prior to the 2nd day of September, 1985, shall, with effect from the 1st day of July, 1986, be the amount which would be payable to her if the effective date of her resignation or of the termination of her services had been the 2nd day of May, 1986, and her rank, service in that rank and total service were the same as those on the actual effective date of her resignation or of the termination other services. 17 Increase of pensions of certain members of the Chaplaincy Service.
  3. The pension payable under Part IVA of the Principal Scheme (

Article 12

of the Amending Scheme of 1949) to a member of the Chaplaincy Service shall, with effect from 1st day of May, 1986, be— ( a ) in the case of a member whose services were terminated with effect from a date prior to the 2nd day of September, 1985, the amount which would be payable to him if the effective date of the termination of his services had been the 2nd day of May, 1986 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 May, 1986, exclusive of any increase in annual pay appropriate to that grade of appointment granted with effect from the 1st day of September, 1985; ( b ) in the case of a member whose services were terminated with effect from a date on or after the 2nd day of September, 1985 and before the 2nd day of May, 1986, the amount which would be payable to him if the effective date of the termination of his services had been the 2nd day of May, 1986 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 service. 18 Further increase of pensions of certain members of the Chaplaincy Service. 18. The pension payable under Part IVA of the Principal Scheme (

Article 12

of the Amending Scheme 1949) to a member of the Chaplaincy Service whose services were terminated with effect from a date prior to the 2nd day of September, 1985, shall with effect from the 1st day of July, 1986, be the amount which would be payable to him if the effective date of the termination of his services had been the 2nd day of May, 1986 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 service. 19 Amendment of Article 20

(1)of the Amending Scheme of
  2. Article 20
(1)of the Amending Scheme of 1953 (as amended by Article 13 of the No. 6 Amending Scheme of 1985), is hereby further amended with effect from the 1st day of May, 1986, by the substitution of "£3,513" for "£3,410" and the said Article 20
(1), as so amended, is set out in the Table to this Article. 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 £3,513 a year, ( b ) the sum of the greater of such pensions and one half the lesser. 20 Further amendment of Article 20
(1)of the Amending Scheme of
  2. Article 20
(1)of the Amending Scheme of 1953 (as amended by Article 19 of this Scheme), is hereby further amended with effect from the 1st day of July, 1986, by the substitution of "£3,541" for "£3,513" and the said Article 20
(1), as so amended, is set out in the Table to this Article. 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 £3,541 a year, ( b ) the sum of the greater of such pensions and one half the lesser. 21 Provision regarding abatement of pensions of soldiers in certain cases. 21.
(1)The No. 2 Amending Scheme of 1977 is hereby further amended by the substitution for Article 22 (as amended by Article 14 of the No. 6 Amending Scheme of 1985) of the following Article: "22. 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 £16.96 a week with effect from the 1st day of May, 1986".
(2)This Article shall be deemed to have come into operation on the 1st day of May, 1986. 22 Further provision regarding abatement of pensions of soldiers in certain cases. 22.
(1)The No. 2 Amending Scheme of 1977 is hereby further amended by the substitution for Article 22 (as amended by Article 21 of this Scheme) of the following Article:— "22. 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 £17.13 a week with effect from the 1st day of July, 1986".
(2)This Article shall be deemed to have come into operation on the 1st day of July,
  1. 23 Amendment of Article 15 of the Amending Scheme of
  2. 23.
(1)Article 15
(2)of the Amending Scheme of 1978 (as amended by Article 15 of the No. 6 Amending Scheme of scheme of 1985) is hereby further amended, with effect from the 1st day of May, 1986, by the substitution of "£3,513" for "£3,410"and the said Article 15
(2)as so amended is set out in the Table to this Article.
(2)For the purposes of the said 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 No. 3 Amending Scheme of 1972, ( b ) in the case of an officer, who died in service before the 1st day of July, 1985, or who retired or was retired before the 2nd day of July, 1985, shall be taken as the pay which would be payable to him if he had been serving on the 1st day of July, 1985, increased by 3 per cent, ( c ) in the case of an officer, who died in service on or after the 1st day of July, 1985 and before the 1st day of September, 1985, or who retired or was retired on or after the 2nd day of July, 1985 and before the 2nd day of September, 1985, 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. ( d ) in the case of an officer, who died in service on or after the 1st day of September, 1985 and before the 1st day of May, 1986, or who retired or was retired on or after the 2nd day of September, 1985 and before the 2nd day of May, 1986, shall be taken as the pay which would be payable to him if he had been serving on the 1st day of May, 1986, and ( e ) in any other cases, shall be the actual pay payable at the date of death or retirement, as the case may be. TABLE 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) £3,513 a year; provided that the total amount payable does not exceed one third of the officer's pensionable pay. 24 Further amendment of Article 15 of the Amending Scheme of 1978. 24.
(1)Article 15
(2)of the Amending Scheme of 1978 (as amended by Article 23 of this Scheme) is hereby further amended, with effect from the 1st day of July, 1986, by the substitution of "£3,541" for "£3,513" and the said Article 15
(2), as so amended, is set out in the Table to this Article.
(2)For the purposes of the said 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 No. 3 Amending Scheme of 1972, ( b ) in the case of an officer who died in service before the 1st day of May, 1986, or who retired or was retired before the 2nd day of May, 1986, shall be taken as the pay which would be payable to him if he had been serving on the 1st day of May, 1986 and ( c ) in any other case, shall be the actual pay payable at the date of death or retirement, as the case may be. TABLE 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)£3,541 a year, provided that the total amount payable does not exceed one third of the officer's pensionable pay. GIVEN under my Official Seal, this 10th day of November, 1987. MICHAEL NOONAN The Minister for Finance hereby consents to the foregoing Scheme. GIVEN under the Official Seal of the Minister for Finance, this 10th day of November, 1987. RAY MACSHARRY. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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