In short
This law amends the Defence Forces (Pensions) Act, 1932, specifically regarding how certain pension scheme changes for Defence Forces personnel come into effect.
What it regulates
- How pension schemes that solely increase benefits due to higher emoluments or general pension increases are enacted.
- The requirement for a resolution from the Houses of Oireachtas for such pension scheme changes.
- The process for annulling such pension schemes after they are laid before the Oireachtas.
- The types of benefits under the Principal Act to which this amendment applies.
Who it concerns
- Officers of the Forces.
- Non-commissioned officers and men of the Forces.
- Members of the Army Nursing Service.
- Members of the Chaplaincy Service.
Key points
- Pension schemes that only increase benefits due to higher pay for members of the Forces or general public service pension increases do not need a resolution from either House of the Oireachtas to come into force.
- Such schemes come into force as provided by the scheme itself.
- Either House of the Oireachtas can annul such a scheme if a resolution is passed within the next subsequent twenty-one days on which the House has sat after the scheme is laid before it.
- Annulment does not affect the validity of anything done under the scheme before its annulment.
đ Legal text
Defence Forces (Pensions) (Amendment) Act, 1968
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1968
Defence Forces (Pensions) (Amendment) Act, 1968
Defence Forces (Pensions) (Amendment) Act, 1968
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Number 4 of 1968
DEFENCE FORCES (PENSIONS) (AMENDMENT) ACT, 1968
ARRANGEMENT OF SECTIONS
Section
1.
The Principal Act.
2.
Resolution of Houses of Oireachtas not required in respect of certain pension schemes.
3.
Application of this Act.
4.
Short title, collective citation and construction.
Act Referred to
DEFENCE FORCES (PENSIONS) ACT, 1932
1932, No. 26.
Number 4 of 1968
DEFENCE FORCES (PENSIONS) (AMENDMENT) ACT, 1968
AN ACT TO AMEND THE
DEFENCE FORCES (PENSIONS) ACT, 1932
. [13th March, 1968]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:â
The Principal Act.
1.âIn this Act âthe Principal Actâ means the
Defence Forces (Pensions) Act, 1932
.
Resolution of Houses of Oireachtas not required in respect of certain pension schemes.
2.âNotwithstanding section 2, 4 or 5 of the Principal Act, whereâ
(a) a pension scheme relates to any one or more than one of the benefits to which this Act applies and provides solely for an increase or increases in any one or more than one of those benefits, and
(b) that increase (or those increases) arises (or arise) solely from increases in the emoluments of members of the Forces or forms (or form) part of a general increase in pensions payable in respect of public service,
the following provisions shall have effect:
(i) that pension scheme shall not require a resolution of either House of the Oireachtas in order to come into force but shall come into force as provided by that scheme;
(ii) if a resolution annulling that pension scheme is passed by either House of the Oireachtas within the next subsequent twenty-one days on which the House has sat after the scheme is laid before that House, the scheme shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
Application of this Act.
3.âThis Act applies to the following benefits under the Principal Actâ
(a) retired pay, pensions and gratuities for or in respect of officers of the Forces,
(b) pensions and gratuities for non-commissioned officers and men of the Forces,
(c) pensions and gratuities for members of the Army Nursing Service,
(d) pensions and gratuities for members of the Chaplaincy Service.
Short title, collective citation and construction.
4.â(1) This Act may be cited as the Defence Forces (Pensions) (Amendment) Act, 1968.
(2) The
Defence Forces (Pensions) Act, 1932
to 1957, and this Act may be cited together as the Defence Forces (Pensions) Acts, 1932 to 1968, and shall be construed together as one Act.
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