S.I. No. 34/1969 - Defence Forces (Pensions) (Amendment) Scheme, 1969.

S.I. No. 34 of 1969.

DEFENCE FORCES (PENSIONS) (AMENDMENT) SCHEME, 1969.

ARRANGEMENT OF ARTICLES.

Article

1. Short title, collective citation and construction.

2. Commencement.

3. Application of Interpretation Act, 1937.

4. Definitions.

5. Service of long-service soldier appointed to Ordnance Survey.

6. Gratuities to certain short-service soldiers appointed to Ordnance Survey.

S.I. No. 34 of 1969.

DEFENCE FORCES (PENSIONS) (AMENDMENT) SCHEME, 1969.

I, MICHEÁL HILLIARD, Minister for Defence, in exercise of the powers conferred on me by sections 2 , 3 and 5 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), hereby, with the consent of the Minister for Finance, make the following Scheme:

1 Short title, collective citation and construction.

1. (1) This Scheme may be cited as the Defence Forces (Pensions) (Amendment) Scheme, 1969.

(2) The collective citation, the Defence Forces (Pensions) Schemes, 1937 to 1969, shall include this Scheme.

(3) The Defence Forces (Pensions) Schemes, 1937 to 1969, shall be construed together as one Scheme.

2 Commencement.

2. This Scheme shall come into operation immediately upon its being confirmed by resolution of each House of the Oireachtas.

3 Application of Interpretation Act, 1937 .

3. The 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 ), as amended by subsequent Schemes;

" the Amending Scheme of 1947 " means the Defence Forces (Pensions) (Amendment) Scheme, 1947 ( S. R. & O. No. 81 of 1947 ).

5 Service of long-service soldier appointedt Ordnance Survey.

5. (1) For the purposes of Article 26A of the Principal Scheme (inserted by Article 22 of the Amending Scheme of 1947) the service in temporary commissioned rank in the Reserve of Officers before the 5th day of May, 1944, of a person to whom this Article applies shall be deemed to be service in the non-commissioned rank held by that person immediately before the 18th day of April, 1941.

(2) This Article applies to a person who—

(a) was serving in the Defence Forces on the 31st day of July, 1940, as a long-service soldier in the Survey Company, Corps of Engineers,

(b) was appointed on the 1st day of August, 1940, to a civil post in the Ordnance Survey, and

(c) was appointed, having served as a soldier, to temporary commissioned rank in the Reserve of Officers on the 18th day of April, 1941.

(3) Article 26B (2) (inserted by Article 9 of the Defence Forces (Pensions) (Amendment) Scheme, 1956 ( S.I. No. 35 of 1956 )) of the Principal Scheme is hereby revoked.

(4) This Article shall be deemed to have come into operation on the 1st day of November, 1946.

6 Gratuities to certain short service soldiers appointed to Ordnance Survey.

6. (1) Notwithstanding Articles 28 (2) (a), 28 (2) (f) (inserted by Article 11 of the Defence Forces (Pensions) (Amendment) Scheme, 1940 (S.R. and O., No. 299 of 1940)), 28A (2) (a) (inserted by Article 26 of the Amending Scheme of 1947) and 28A (2) (e) (as so inserted) of the Principal Scheme, a gratuity under those Articles may be paid to a person to whom this Article applies.

(2) This Article applies to a short-service soldier who—

(a) served in the Survey Company, Corps of Engineers,

(b) was or is discharged or transferred to the Reserve on compassionate grounds before the termination of his army service or was or is discharged or transferred to the Reserve in order to take up civil employment, and

(c) subsequent to the discharge or transfer mentioned in paragraph (b) was or is appointed to a civil post in the Ordnance Survey.

(3) The gratuity payable to a person to whom this Article applies who was discharged or transferred to the Reserve before the 1st day of February, 1964, shall not be less than £4. 15s. 0d. for each year of his qualifying service.

(4) This Article shall be deemed to have come into operation on the 1st day of August, 1940.

GIVEN under my Official Seal, this 21st day of February, 1969.

MICHEÁL HILLIARD,

Minister for Defence.

The Minister for Finance hereby consents to the foregoing Scheme.

GIVEN under the Official Seal of the Minister for Finance, this 21st day of February, 1969.

CATHAL Ó hEOCHAIDH,

Minister for Finance.

EXPLANATORY NOTE.

This statutory instrument provides improved retirement benefits for a certain former member of the Survey Company, Corps of Engineers and for the payment of gratuities to other personnel of this Corps who were discharged or transferred to the Reserve after 1st August, 1940, for the purpose of taking up civil posts in the Ordnance Survey.

DEFENCES FORCES (PENSIONS) (AMENDMENT) SCHEME, 1969.

EXPLANATORY MEMORANDUM.

The Defence Forces (Pensions) Acts, 1932 to 1968 empower the Minister for Defence, with the consent of the Minister for Finance, to prepare a scheme with the object of providing retired pay, pensions and gratuities for former members of the Permanent Defence Force (including the Army Nursing Service) and the Chaplaincy Service.

Section 4 of the Act of 1932 (No. 26 of 1932) as amended by Section 2 of the Act of 1968 (No. 4 of 1968) provides that no scheme, other than a scheme providing soley for increases in retired pay, pensions and gratuities arising from service pay increases or general increases in public service pensions, shall come into forces unless and until it has been laid before each House of the Oireachtas and has been confirmed by a resolution of each such House. The First or Principal Scheme entitled the Defence Forces (Pensions) Scheme, 1937 ( S. R. & O. No. 249 of 1937 ) was confirmed by both Houses of the Oireachtas on the 27th October, 1937. It was subsequently amended and extended by various Schemes.

The present Scheme provides improved retirement benefits for a certain former member of the Survey Company, Corps of Engineers and for the payment of gratuities to other personnel of this Corps who were discharged or tranferred to the Reserve after 1st August, 1940, for the purpose of taking up civil posts in the Ordnance Survey. Articles 1 to 4 inclusive are merely definitory.

Article 5.

A long-service soldier of the Survey Company, Corps of Engineers, was transferred to the Reserve in 1940 for the purpose of taking up civil employment in the Ordnance Survey. He was called out on permanent service in 1941, appointed to temporary commissioned rank on the 18th April, 1941, was subsequently released from permanent service and resigned his commission later. This Article provides that portion of his service in commissioned rank may be reckoned as sevice in non-commissioned rank in order that he may be granted a pension based on 21 years' qualifying service.

Article 6.

Certain short-sevice soldiers of the Survey Company, Corps of Engineers, were discharged or transferred to the Reserve on compassionate grounds or to take up civil employment and were subsequently appointed to civil posts in the Ordnance Survey. Because they had been discharged to transferred to the Reserved on compassionate grounds or to take up civil employment they were debarred from receiving gratuities in respect of their Army service. This Article makes provision for the payment of gratuities in thier cases.

Roinn Cosanta.

Feabhra, 1969.