S.I. No. 166/1991 - Defence Forces (Pensions) (Amendment) Scheme, 1991.

S.I. No. 166 of 1991.

DEFENCE FORCES (PENSIONS) (AMENDMENT) SCHEME, 1991.

ARRANGEMENT OF ARTICLES

Article

1. Short title, collective citation and construction.

2. Commencement.

3. Application of the Interpretation Act, 1937.

4. Amendment of Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1983.

S.I. No. 166 of 1991.

DEFENCE FORCES (PENSIONS) (AMENDMENT) SCHEME, 1991.

I, BRENDAN DALY, 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, 1991.

(2) The Defence Forces (Pensions) Schemes, 1937 to 1989, and this Scheme shall be construed together as one Scheme and may be cited together as the Defence Forces (Pensions) Schemes, 1937 to 1991.

2 Commencement.

2. (1) Paragraphs (d), (f), (g), (h), (j), (k) and (l) of Article 4 of this Scheme shall be deemed to have come into operation on the 23rd day of July, 1968.

(2) Paragraphs (a), (b), (c) and (e) of Article 4 of this Scheme shall be deemed to have come into operation on the 1st day of July, 1984.

(3) Paragraph (n) of Article 4 of this Scheme shall be deemed to have come into operation on the 1st day of August, 1984.

(4) Paragraphs (i) and (m) of Article 4 of this Scheme shall be deemed to have come into operation on the 1st day of August, 1990.

3 Application of the Interpretation Act, 1937 .

3. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Scheme.

4 Amendment of Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1983.

4. The Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1983 ( S.I. No. 190 of 1983 ), is hereby amended by—

( a ) the substitution of the following Article for Article 3:

"Application of Interpretation Act, 1937 , and interpretation.

3. (1) Subject to sub-article (2) of this Article, the Interpretation Act, 1937 (No. 38 of 1937), applies to this Scheme.

(2) Section 11 (b) of the said Act shall not apply or have effect in relation to paragraph (a) or (b) of Article 5 of this Scheme.

(3) In this Scheme, other than in paragraphs (c) and (d) of Article 5, every word importing the feminine gender shall be construed as if it also imported the masculine gender.";

( b ) the deletion of "male" in the definition of "contributing member" in Article 4;

( c ) the addition of the following paragraphs after paragraph (b) of Article 5:

"(c) any female person who is commissioned as an officer of the Permanent Defence Force on or after the 1st day of January, 1985,

( d ) any female person who served as an officer of the Permanent Defence Force at any time during the period which commenced on the 1st day of July, 1984, and ended on the 31st day of December, 1984, and who elected, before the 15th day of February, 1985, to join the Scheme, notwithstanding that she may have previously opted out of the Scheme.";

( d ) the insertion of the following Articles after Article 7:

"Marriages after retirement.

7A. For the purposes of this Scheme, any marriage of a member which takes place after he has ceased to be a contributing member shall not be taken into account and any reference to a marriage, a wife, the widow, or a child or children shall be construed accordingly.

Marriages of members whose early death is to be foreseen.

7B. Where a member marries and—

( a ) he dies within the year beginning on the date of the marriage, and

( b ) there are no children born of the marriage, and

( c ) the Minister is of the opinion that his death within the year beginning with the date of the marriage was, at that date, to be foreseen by him or his wife, for the purposes of this Scheme the marriage may be regarded by the Minister as not having taken place, and in case the marriage is so regarded all necessary adjustments (including, if need be, repayment to the Minister of sums paid in respect of pensions already granted under this Scheme and refunds of contributions made under this Scheme) shall be made accordingly.

Duty to give information and make declarations.

7C. (1) A member shall give to the Minister such information as is necessary for the proper operation of this Scheme in relation to the member.

(2) The widow or personal representative of a deceased member shall give to the Minister such information as is necessary for the proper operation of this Scheme in relation to her or any children of that member.

(3) A person having the care of a child of a deceased member shall give to the Minister such information as is necessary for the proper operation of this Scheme in relation to that child.

(4) Payment of pension under this Scheme shall be subject to the making by the widow, or where children's pensions are not payable to the widow, the person having the care of the children in question, of such declaration as the Minister considers necessary, and a person to whom any such payment may be made shall not be entitled to receive such payment if he fails to make any such declaration.

Repayment of pensions overpaid.

7D. If at any time a person receives payments on foot of a pension and such person is not entitled under this Scheme to such payments, or if a person receives payments on foot of a pension which exceed those which are appropriate under this Scheme, such person or, in case such person is dead, his personal representative, shall pay to the Minister on demand such payments or excess payments, as may be appropriate, and such payments or excess payments shall in default of payment be recoverable by the Minister as a simple contract debt in any court of competent jurisdiction.";

( e ) the substitution for "with effect from the 1st day of January, 1971," in paragraph (a) of Article 9 (1) of the following:

"with effect from the 1st day of January, 1971, in the case of a male member or the 1st day of January, 1985, in the case of a female member";

( f ) the substitution of the following sub-article for sub-article (2) of Article 9:

"(2) At the discretion of the Minister and subject to condition specified by him, a member of this Scheme may elect to pay, over a period of twelve months beginning on a date specified by the Minister, being a date not earlier than the date of the election, additional periodic contributions equal in each case to the amount of the periodic contributions from pay payable under paragraph (a) of the preceding sub-article in respect of that period. In case one or more such additional periodic contributions is or are made, the percentage of pay to be deducted under paragraph (b) of the preceding sub-article shall be reduced by one for each additional yearly contribution made by the member under this subarticle.";

( g ) the deletion of sub-article (3) of Article 9;

( h ) the substitution of the following paragraphs for paragraphs (a) and (b) of Article 10 (1):

"(a) ceases to be a contributing member and was unmarried throughout his membership of this Scheme, or

( b ) retires, or is retired, and is married or was married at any time during his membership of this Scheme but does not qualify for the grant of retired pay, or";

( i ) the substitution of the following sub-article for sub-article (2) of Article 10:

"(2) Subject to sub-article (3) of this Article, where a contributing member other than a person mentioned in sub-article (1) of this Article retires, is retired or dies in service, there may be refunded in his case such of the contributions, beginning with the initial contribution, as will secure that the period in respect of which contributions are paid by him does not exceed forty years.";

( j ) the substitution of the following sub-article for sub-article (3) of Article 10:

"(3) Where the wife of a contributing member dies and he has not remarried at the time of his ceasing to be a contributing member, there may be refunded in his case such of the contributions, beginning with the final contribution, as will secure that the number of contributions paid by him does not exceed the total number of contributions required in his case by the application of the formula set out in the first sentence of Rule 2 of the Schedule to this Scheme.";

( k ) the deletion of sub-article (4) of Article 10;

( l ) the addition of the following Articles after Article 13:

"Increases in pensions.

14. Pensions granted under this Scheme shall be increased by such amounts as may be authorised from time to time by the Minister.

Interest not to be payable in respect of refundment of contributions.

15. Where any contributions are refunded under the provisions of this Scheme, interest shall not be payable in respect of any such refundment.";

( m ) the deletion of "complete" in the second sentence of Rules 1 and 2 of the Schedule thereto;

( n ) the substitution of the following sentence for the first sentence of Rule 2 of the Schedule thereto:

"Where the wife of a member is dead at the time of his retirement or death in service (having been alive for a portion of the period during which he was a member of this Scheme), the number of complete years of pensionable service which he had at the time of his wife's death shall be divided by the number of complete years of pensionable service—

(i) which he had at the time of his retirement, or

(ii) if he dies while serving, which he would have had if he had survived to the normal retiring age for the rank held by him at the time of his death,

and the result multiplied by a number equal to the percentage figure which would be obtained in his case by the application of the formula set out in the first sentence of Rule 1 of this Schedule if his wife were alive at the time of his retirement or death in service.".

GIVEN under my Official Seal, this 25th day of June, 1991.

BRENDAN DALY.

The Minister for Finance hereby consents to the making of the foregoing Scheme.

GIVEN under the Official Seal of the Minister for Finance, this 25th day of June, 1991.

ALBERT REYNOLDS.

EXPLANATORY NOTE.

This statutory instrument amends the Widows' and Children's Contributory Pension Scheme for officers of the Permanent Defence Force in certain respects.