Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1985.

S.I. No. 221/1985 - Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1985. S.I. No. 221 of 1985. DEFENCE FORCES (PENSIONS) (AMENDMENT) (NO. 2) SCHEME, 1985. ARRANGEMENT OF ARTICLES 1. Short title, collective citation and construction. 2. Commencement. 3. Application of the Interpretation Act, 1937. 4. Definitions. 5. Increase of retired pay of officers retiring on or after 2nd day of January, 1985. 6. Increase of gratuities of officers retiring on or after 2nd day of January, 1985. 7. Amendment of Article 26A of the Principal Scheme. 8. Amendment of Article 28A of the Principal Scheme. S.I. No. 221 of 1985. DEFENCE FORCES (PENSIONS) (AMENDMENT) (NO. 2) SCHEME, 1985. I, PATRICK COONEY, Minister for Defence, in exercise of the powers conferred on me by sections 2 of the Defence Forces (Pensions) Act, 1932 (No. 26 of 1932), and by section 4 of the Defence Forces (Pensions) (Amendment) Act, 1938 (No. 33 of 1938), as adapted by the Public Service (Transfer of Departmental Administration and Ministerial Functions) Order, 1973 ( S.I. No. 294 of 1973 ), hereby, with the consent of the Minister for the Public Service, make the following Scheme: 1 Short title, collective citation and construction. 1. (1) This Scheme may be cited as the Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1985. (2) The collective citation, the Defence Forces (Pensions) Schemes, 1937 to 1985, shall include this Scheme. (3) The Defence Forces (Pensions) Schemes, 1937 to 1985, shall be construed together as one Scheme. 2 Commencement. 2. This Scheme shall come into force on the day after the date on which it is made. 3 Application of the Interpretation Act, 1937 3. Interpretation Act, 1937 (No. 38 of 1937), applies to this Scheme. 4 Definitions. 4. In this Scheme:— the "Principal Scheme" means the Defence Forces (Pensions) Scheme, 1937 (S.R. & O., No. 249 of 1937); "the Amending Scheme of 1947" means the Defence Forces (Pensions) (Amendment) Scheme, 1947 (S.R. & O., No. 81 of 1947; "the No. 6 Amending Scheme of 1984" means the Defence Forces (Pensions) (Amendment) (No. 6) Scheme, 1984 ( S.I. No. 173 of 1984 "the Amending Scheme of 1985" means the Defence Forces (Pensions) (Amendment) Scheme, 1985 ( S.I. No. 48 of 1985 ). 5 Increase of retired pay of officers retiring on or after 2nd day of January, 1985. 5. (1) Where retired pay is granted under Article 5, 6, 7, 8, 9, 9A, 10 or 10A of the Principal Scheme to an officer who retires or is retired on or after the 2nd day of January, 1985, such pay (as increased by Article 5 of the No. 6 Amending Scheme of 1984 or Article 5 of the Amending Scheme of 1985, as the case may be) shall be further increased by the appropriate percentage indicated in the Table to this Article opposite the mention of such officer's retiring rank. (2) This Article shall be deemed to have come into operation on the 2nd day of January, 1985. Retiring Rank by reference to which retired pay was calculated. Retirement on or after 2nd day of January, 1985. 3 per cent 3 per cent 3 per cent 3 per cent 3 per cent 3 per cent 6 Increase of gratuities of officers retiring on or after 2nd day of January, 1985. 6. (1) Where a gratuity is payable under Article 11 of the of the Principal Scheme (inserted by Article 9 of the Amending Scheme of 1947) to an officer who retires or is retired on or after the 2nd day of January, 1985, such gratuity (as increased by Article 6 of the No. 6 Amending Scheme of 1984 or Article 6 of the Amending Scheme of 1985, as the case may be) shall be further increased by the appropriate percentage indicated in the Table to this Article opposite the mention of such officer's retiring rank, and Article 11A of the Principal Scheme (inserted by Article 10 of the said Amending Scheme of 1947) shall have effect accordingly. (2) In this Article and in the Table hereto "retiring rank" has the meaning assigned to it in Rule 1 (inserted by Article 19 of the Defence Forces (Pensions) (Amendment) Scheme, 1957 ( S.I. No. 152 of 1957 )) of the Fifth Schedule to the Principal Scheme. (3) This Article shall be deemed to have come into operation on the 2nd day of January, 1985. Retiring Rank Retirement on or after 2nd day of January, 1985. 3 per cent 3 per cent 3 per cent 3 per cent 3 per cent 3 per cent 7 Amendment of Article 26A of the Principal Scheme. 7. (1) The Principal Scheme shall be construed and have effect as if the following Article were substituted for Article 26A (inserted by Article 22 of the Amending Scheme of 1947) (as amended by Article 7 of the Amending Scheme of 1985); "26A. (1) Subject to the provisions of this Scheme, there may be granted to any long-service soldier who is discharged on or after the 1st day of January, 1985, and whose qualifying service is 21 years or more, a pension at the rate per week specified in Table 1 to this Article opposite the mention of his retiring rank. (2) Where— ) a soldier is permitted to extend his service in the Forces beyond 21 years service, and ) such soldier's qualifying service is 22 years or more, and ) such soldier is granted a pension under sub-article (1) of this Article, Table 1 to this Article shall have effect as if the weekly sum set out in the appropriate column of the said Table opposite the mention of his retiring rank were increased, in respect of each year of his qualifying service in excess of twenty-one years but not in excess of 31 years, by £0.05 plus an additional increase at the rate specified in Table II to this Article. (7) In this Article and in Table I hereto "retiring rank" has the meaning assigned to it in Article 25 of the Principal Scheme. TABLE I. Retiring Rank. Rate per week of pension in respect of 21 years qualifying service. Discharge on or after 1st day of January, 1985 Battalion Quartermaster-Sergeant Company-Quartermaster Sergeant TABLE II Date of Discharge Weekly rate of additional increase in respect of each year of qualifying service in excess of 21 years but not exceeding 31 years. Discharge on or after 1st day of January, 1985. (2) This article shall be deemed to have come into operation on the 1st day of January, 1985. 8 Amendment of Article 28A of the Principal Scheme. 8. (1) Article 28A of the Principal Scheme (inserted by Article 26 of the Amending Scheme of 1947) (as amended by Article 8 of the Amending Scheme of 1985) shall have effect as if the gratuity payable thereunder to a soldier, in lieu of being calculated by reference to the Table to the said Article 8, were calculated by reference to the Table to this Article. (2) This Article shall be deemed to have come into operation on the 1st day of January, 1985. Ref. No Retiring Rank. Rate for each year of qualifying service where the total qualifying service is less than 7 years. Rate for each year of qualifying service where the total qualifying service is not less than 7 years but is less than 13 years. Rate for each year of qualifying service where the total qualifying service is not less than 13 years but it less than 21 years (1) (2) (3) (4) (5) 1. 2. Any rank being that of Corporal or Sergeant 3. Any rank being that of Company Quartermaster-Sergeant, Company-Sergeant, Battalion Quartermaster-Sergeant or Sergeant-Major GIVEN under my Official Seal, this 2nd day of July, 1985. 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 2nd day of July, 1985. JOHN BOLAND EXPLANATORY NOTE. This Statutory Instrument provides for increases in the amount of retirement benefits payable to officers of the Permanent Defence Force retiring on or after 2nd January, 1985 and in the pensions and gratuities payable to soldiers discharged or transferred to the Reserve Defence Force on or after 1st January, 1985.