Defence Forces (Pensions) (Amendment) Scheme, 1959.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: Short title, construction and collective citation.
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paragraphs: Commencement.
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paragraphs: Application of Interpretation Act, 1937.
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paragraphs: Definitions.
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paragraphs: Increase of retired pay of certain officers retiring on or after 2nd April, 1958.
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paragraphs: Increase of gratuities of certain married officers.
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paragraphs: Children's gratuities under Article 11A of the Principal Scheme.
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paragraphs: Amendment of Article 12A of the Principal Scheme.
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paragraphs: Amendment of Article 12B of the Principal Scheme.
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paragraphs: Revocation of Article 18 of the Principal Scheme.
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paragraphs: Amendment of Article 20 of the Principal Scheme.
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paragraphs: Amendment of Article 26A of the Principal Scheme.
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paragraphs: Further amendment of Article 26A of the Principal Scheme.
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paragraphs: Amendment of Article 28A of the Principal Scheme.
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paragraphs: Amendment of Article 43 of the Amending Scheme of 1947.
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paragraphs: Amendment of First Schedule to the Principal Scheme.
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paragraphs: Adopted children.
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paragraphs: Restriction on benefits payable on final retirement to officer granted short service gratuity.
S.I. No. 66 of 1959.
DEFENCE FORCES (PENSIONS) (AMENDMENT) SCHEME, 1959.
I, CAOIMHGHÃ?N Ã BEOLÃ?IN, 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, construction and collective citation.
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paragraphs: —(1) This Scheme may be cited as the Defence Forces (Pensions) (Amendment) Scheme, 1959.
(2) The Defence Forces (Pensions) Schemes, 1937 to 1957, and this Scheme shall be construed together as one Scheme and may be cited together as the Defence Forces (Pensions) Schemes, 1937 to 1959.
2 Commencement.
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paragraphs: 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 .
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paragraphs: The Interpretation Act, 1937 (No. 38 of 1937), applies to this Scheme.
4 Definitions.
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paragraphs: 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 ) ;
"the Amending Scheme of 1953" means the Defence Forces (Pensions) (Amendment) Scheme, 1953 ( S.I. No. 259 of 1953 ) ;
"the Amending Scheme of 1956" means the Defence Forces (Pensions) (Amendment) Scheme, 1956 ( S.I. No. 35 of 1956 ) ;
"the Schemes" means the Defence Forces (Pensions) Schemes, 1937 to 1957.
5 Increase of retired pay of certain officers retiring on or after 2nd April, 1958.
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paragraphs: —(1) This Article applies to an officer who retires or is retired on or after the 2nd day of April, 1958, and whose retiring rank is lieutenant, captain or commandant except a special service officer, within the meaning of Article 13 of the Principal Scheme, whose retiring rank is commandant and who is not serving with the Army School of Music or the Air Corps.
(2) Where retired pay is granted under Articles 5, 7, 8, 9, 10 or 10A of the Principal Scheme to an officer to whom this Article applies, the retired pay shall be increased by the appropriate percentage indicated in the Table to this Article opposite the mention of the officer's retiring rank.
(3) For the purposes of this Article "retired pay" shall be deemed not to include any increase granted under Article 14 of the Amending Scheme of 1947, Article 4 of the Amending Scheme of 1953 or Article 4 of the Amending Scheme of 1956 but, in relation to an officer who—
(a) is, immediately preceding his retirement, a special service officer within the meaning of Article 13 of the Principal Scheme, and
(b) does not exercise the election conferred on him by paragraph (b) of sub-article (1) of the said Article 13,
shall include the increase granted under paragraph (a) of sub-article (1) of the said Article 13.
(4) Article 4 of the Amending Scheme of 1956 shall not apply to an officer to whom this Article applies, and any payments made in respect of the increase granted under that Article shall be deemed to be payments on foot of the increase granted by this Article.
(5) This Article shall be deemed to have come into operation on the 2nd day of April, 1958.
TABLE
Retiring Rank by reference to which retired pay was calculated
Married Officer
Single Officer
Commandant
79%
69%
Captain
90%
90%
Lieutenant
77%
75%
6 Increase of gratuities of certain married officers.
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paragraphs: —(1) This Article applies to an officer to whom Article 5 of this Scheme applies.
(2) Where a gratuity is payable under Article 11 of the Principal Scheme (inserted by Article 9 of the Amending Scheme of 1947) to an officer to whom this Article applies, the gratuity shall be increased by—
(a) if he holds the retiring rank of commandant, seventy-nine per cent.,
(b) if he holds the retiring rank of captain, eighty-seven per cent.,
(c) if he holds the retiring rank of lieutenant, seventy-seven per cent. .