S.I. No. 300/1985 - Defence Forces (Pensions) (Amendment) (No. 4) Scheme, 1985.
S.I. No. 300 of 1985. | ||
DEFENCE FORCES (PENSIONS) (AMENDMENT)(NO. 4) SCHEME, 1985. | ||
ARRANGEMENT OF ARTICLES. | ||
Article | ||
5. Amendment of Article 42 of Defence Forces (Pensions) (Amendment) Scheme, 1947. | ||
6. Amendment of Article 20 of Defence Forces (Pensions) (Amendment) Scheme, 1949. | ||
8. Restriction on grant of pensions and gratuities to soldiers. | ||
S.I. No. 300 of 1985. | ||
DEFENCE FORCES (PENSIONS) (AMENDMENT) | ||
(NO. 4) SCHEME, 1985. | ||
I, PATRICK COONEY, 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), 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: | ||
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1 Short title, collective citation and construction. | 1. (1) This Scheme may be cited as the Defence Forces (Pensions) (Amendment) (No. 4) 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. | ||
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2 Commencement. | 2. This Scheme shall come into force on the day after the date on which it is made. | |
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3 Application of Interpretation Act, 1937 . | 3. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Scheme. | |
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4 Definitions. | 4. In this Scheme— | |
"the Principal Scheme" means the Defence Forces (Pensions) Scheme, 1937 (S. R. & O., No. 249 of 1937) | ||
"the No. 2 Amending Scheme of 1981" means the Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1981 (S.I. No. 362 of 1981). | ||
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5 Amendment of Article 42 of Defence Forces (Pensions) (Amendment) Scheme, 1947. | 5. (1) Article 42 of the Defence Forces (Pensions) (Amendment) Scheme, 1947 (S. R. & O., No. 81 of 1947), is hereby amended by the substitution for sub-article (7) of the following sub-article:— | |
"(7) For the purposes of this Article each of the following and no other persons shall be deemed to be a relative of a deceased soldier, his— | ||
( a ) widow, | ||
( b ) widower, | ||
( c ) son, | ||
( d ) daughter, | ||
( e ) mother, | ||
( f ) father, | ||
( g ) brother, | ||
( h ) sister, | ||
( i ) legal personal representative.". | ||
(2) Article 10 of the No. 2 Amending Scheme of 1981 is hereby revoked. | ||
(3) This Article shall be deemed to have come into operation on the 1st day of January, 1982. | ||
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6 Amendment of Article 20 of Defence Forces (Pensions) (Amendment) Scheme, 1949. | 6. (1) Article 20 of the Defence Forces (Pensions) (Amendment) Scheme, 1949 ( S.I. No. 209 of 1949 ), is hereby amended by the substitution for sub-article (7) of the following sub-article:— | |
"(7) For the purposes of this Article each of the following and no other persons shall be deemed to be a relative of a deceased officer, his— | ||
( a ) widow, | ||
( b ) widower, | ||
( c ) son, | ||
( d ) daughter, | ||
( e ) mother, | ||
( f ) father, | ||
( g ) brother, | ||
( h ) sister, | ||
( i ) legal personal representative.". | ||
(2) Article 11 of the No. 2 Amending Scheme of 1981 is hereby revoked. | ||
(3) This Article shall be deemed to have come into operation on the 1st day of January, 1982. | ||
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7 Amendment of Article 32A of the Principal Scheme. | 7. (1) Article 32A of the Principal Scheme (inserted by Article 12 of the Defence Forces (Pensions) (Amendment) Scheme, 1978 ( S.I. No. 246 of 1978 )), is hereby amended by the substitution for sub-article (4) of the following sub-article:— | |
"(4) For the purposes of this Article each of the following and no other persons shall be deemed to be a relative of a deceased member— | ||
( a ) her widower, | ||
( b ) her son, | ||
( c ) her daughter, | ||
( d ) her mother, | ||
( e ) her father, | ||
( f ) her brother, | ||
( g ) her sister, | ||
( h ) her legal personal representative.". | ||
(2) This Article shall be deemed to have come into operation on the 1st day of January, 1982. | ||
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8 Restriction on grant of pensions and gratuities to soldiers. | 8. (1) The Principal Scheme is hereby amended by the insertion after Article 28B (inserted by Article 5 of the Defence Forces (Pensions) (Amendment) (No. 4) Scheme, 1984 ( S.I. No. 114 of 1984 )) of the following Article— | |
"28C. Where a man of the Reserve of Men (First Line) is discharged from the Reserve Defence Force for the purpose of re-enlisting in the Permanent Defence Force, a pension or gratuity shall not be granted to him on such discharge in respect of any period of qualifying service prior to such re-enlistment." | ||
(2) This Article shall be deemed to have come into operation on the 1st day of August, 1985. | ||
GIVEN under my Official Seal, this 6th day of September, 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 6th day of September, 1985. | ||
JOHN BOLAND. | ||
EXPLANATORY NOTE. | ||
This Statutory Instrument provides for amendments to the list of defined relatives for death gratuity purposes and a prohibition on the grant of pensions and gratuities to soldiers discharged from the Reserve Defence Force for the purpose of re-enlisting in the Permanent Defence Force. |