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S.I. No. 376/1988 - Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1988.

S.I. No. 376 of 1988.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (No. 2) SCHEME, 1988.

ARRANGEMENT OF ARTICLES.

Article

1. Short title, collective citation and construction.

2. Commencement.

3. Application of the Interpretation Act, 1937.

4. Definitions.

5. Amendment of Article 24 of the Principal Scheme.

6. Restriction on grant of pensions to soldiers.

7. Amendment of First Schedule of the Principal Scheme.

S.I. No. 376 of 1988.

DEFENCE FORCES (PENSIONS) (AMENDMENT) (No. 2) SCHEME, 1988.

I, MICHAEL J. NOONAN, 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) (No. 2) Scheme, 1988.

(2) The collective citation "the Defence Forces (Pensions) Schemes, 1937 to 1988" shall include this Scheme.

(3) The Defence Forces (Pensions) Schemes, 1937 to 1988, 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. 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);

5 Amendment of Article 24 of the Principal Scheme.

5. (1) Sub-article (1) of Article 24 of the Principle Scheme is hereby amended by the insertion after paragraph (c) (inserted by Article 7 of the Defence Forces (Pensions) (Amendment) (No. 2) Scheme 1987 ( S.I. No. 186 of 1987 )) of the following new paragraph—

"( d ) in the case of a soldier enlisted in the Permanent Defence Force under the provisions of Defence Force Regulations 4 of 1988, the period, in addition to the period set out in paragraph (a) or (b) preceding, as the case may be, during which he served full-time on security duties, as a man of the Reserve of Men (An Forsa Cosanta Aitiuil), pursuant to paragraph 40A of Defence Force Regulations R.5."

(2) Sub-article (2) of Article 24 of the Principal Scheme is hereby amended by the insertion after paragraph (j) (inserted by Article 20 of the Defence Forces (Pensions) (Amendment) Scheme 1947 (S. R. & O., No. 81 of 1947)) of the following new paragraph—

"(k) in the case of a soldier enlisted in the Permanent Defence Force under the provisions of Defence Force Regulations 4 of 1988, any period during which he served full-time on security duties as a man of the Reserve of Men (An Forsa Cosanta Aitiuil) and during which he was in receipt of a pension granted to him under this Scheme."

6 Restriction on grant of pensions to Soldiers.

6. The Principal Scheme is hereby amended by the insertion after Article 28C (inserted by Article 8 of the Defence Forces (Pensions) (Amendment) (No. 4) Scheme 1985 ( S.I. No. 300 of 1985 )) of the following Article—

"28D. Where a soldier who is in receipt of a pension under this Scheme is discharged from the Reserve of Men (An Forsa Cosanta Aitiuil) for the purpose of enlisting in the Permanent Defence Force under the provisions of Defence Force Regulations 4 of 1988, his pension shall be terminated with effect from the day following the date of such discharge."

7 Amendment of First Schedule to the Principal Scheme.

7. The First Schedule to the Principal Scheme is hereby amended by the insertion in Rule 1 of the following new sub-rule—

"(7) Where an officer of the Reserve of Officers (An Forsa Cosanta Aitiuil) is appointed to commissioned rank in the Forces under the provisions of Defence Force Regulations 4 of 1988, full-time service on security duties rendered by him pursuant to paragraph 40A of Defence Force Regulations R.5 shall be deemed to be service in the Forces in commissioned rank."

GIVEN under my Official Seal, this 23rd day of December, 1988.

MICHAEL J. NOONAN.

The Minister for Finance hereby consents to the foregoing Scheme.

GIVEN under the Official Seal of the Minister for Finance, this 23rd day of December, 1988.

ALBERT REYNOLDS.

EXPLANATORY NOTE.

This statutory instrument provides that the period of their employment on full-time security duties will be reckonable for pension purposes in the case of FCA personnel who enlist in the Permanent Defence Force under special Defence Force Regulations and for related matters.