S.I. No. 175/1979 - Civil Service Widows' and Children's Ex Gratia Pension (Amendment) Scheme, 1979.

S.I. No. 175 of 1979.

CIVIL SERVICE WIDOWS' AND CHILDREN'S EX GRATIA PENSION (AMENDMENT) SCHEME, 1979.

I, RAY MacSHARRY, Minister of State at the Department of the Public Service, in exercise of the powers conferred on me by section 2 of the Superannuation and Pensions Act, 1976 (No. 22 of 1976), and the Public Service (Delegation of Ministerial Functions) Order, 1978 ( S.I. No. 117 of 1978 ), hereby make the following scheme:

1. (1) This Scheme may be cited as the Civil Service Widows' and Children's Ex Gratia Pension (Amendment) Scheme, 1979.

(2) The Civil Service Widows' and Children's Ex Gratia Pension Scheme, 1977 ( S.I. No. 133 of 1977 ), and this Scheme may be cited together as the Civil Service Widows' and Children's Ex Gratia Pension Schemes, 1977 and 1979.

2. This Scheme shall be deemed to have come into force on the 1st day of January, 1979.

3. The Civil Service Widows' and Children's Ex Gratia Pension Scheme, 1977, is hereby amended by—

( a ) the substitution of "child or step-child of the deceased or a person lawfully adopted by the deceased" for "or lawfully adopted person" in the definition of "child" in Article 3 (1);

( b ) the substitution of the following subparagraphs for subparagraph (b) of Article 6 (4):

"( b ) During the period beginning on the 1st day of July, 1977, and ending on the 30th day of June, 1979, the rate of a widow's pension may not exceed one-third of the rate of the deceased's pension.

( c ) On and from the 1st day of July, 1979, the rate of a widow's pension may not exceed five-twelfths of the deceased's pension.";

( c ) the addition of the following sub-paragraph to Article 7 (1):

"(d) because he is the step-child of the deceased, if the deceased's marriage to the child's mother took place after the deceased's last day of reckonable service.";

( d ) the substitution of the following paragraph for paragraph (2) of Article 7:

"(2) A child shall not be eligible for a children's pension in respect of more than one member. Where a child would, apart from this paragraph, be eligible for a children's pension in respect of two or more members, the child shall be treated under this Scheme in the way which, in the opinion of the Minister, will give the most favourable overall result for the child.";

( e ) the substitution of "During the period beginning on the 1st day of July, 1977, and ending on the 30th day of June, 1979" for "As on and from the 1st day of July, 1977" in paragraph (b) of Article 8 (4);

( f ) the addition of the following subparagraph to Article 8 (4):

"( c ) On and from the 1st day of July, 1979, the rate of a children's pension under this Scheme may not exceed—

(i) where the deceased leaves no widow, or, if he leaves a widow and the widow dies, after her death, ten thirty-sixths of the deceased's pension for the first child plus five thirty-sixths for a second child,

(ii) subject to paragraph (5) of this Article, where the deceased leaves a widow, five thirty-sixths of the deceased's pension for the first child plus five thirty-sixths for each additional child up to a second additional child.";

( g ) the substitution of ",(4) (b) (i) and (4) (c) (i)" for "and (4) (b) (i)" in Article 8 (5) (a); and

( h ) the substitution in Article 8 (5) (b) of—

(i) ",(4) (b) (i) or (4) (c) (i)"for "or (4) (b) (i)", and

(ii) the following clauses for clause (ii):

''(ii) during the period beginning on the 1st day of July 1977, and ending on the 30th day of June, 1979, one-third of the rate of the deceased's pension,

(iii) on and from the 1st day of July, 1979, five-twelfths of the said last-mentioned rate.".

GIVEN under my hand this 17th day of May, 1979.

RAY MacSHARRY,

Minister of State at the Department of the Public Service.

EXPLANATORY NOTE.

This scheme amends the Civil Service Widows' and Children's Ex Gratia Pension Scheme, 1977 ( S.I. No. 133 of 1977 ) to enable the payment in advance of the rate of pension payable to a widow in respect of the first month of widowhood and to allow the payment of children's pensions in respect of stepchildren.