Defence Forces (Pensions) (Amendment) Scheme, 1953.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: Short title and commencement.
num: 2
paragraphs: Application of the Interpretation Act, 1937.
num: 3
paragraphs: Interpretation.
num: 4
paragraphs: Increase of retired pay of officers retiring on or after 2nd September, 1949.
num: 5
paragraphs: Increase of gratuities of married officers retiring on or after 2nd September, 1949.
num: 6
paragraphs: Amendment of Article 11 of the Principal Scheme.
num: 7
paragraphs: Amendment of Article 12 of the Principal Scheme.
num: 8
paragraphs: Gratuities for temporary officers in the Air Corps.
num: 9
paragraphs: Amendment of Article 12B of the Principal Scheme.
num: 10
paragraphs: Gratuities to dental officers holding temporary commissions in Army Medical Corps.
num: 11
paragraphs: Amendment of Article 13 of the Principal Scheme.
num: 12
paragraphs: Amendment of Article 15 of the Principal Scheme.
num: 13
paragraphs: Amendment of Article 17 of the Principal Scheme.
num: 14
paragraphs: Increase of child's pension under Article 20 of the Principal Scheme.
num: 15
paragraphs: Amendment of Article 21 of the Principal Scheme.
num: 16
paragraphs: Amendment of Article 22 of the Principal Scheme.
num: 17
paragraphs: Amendment of Article 23A of the Principal Scheme.
num: 18
paragraphs: Amendment of Article 26A of the Principal Scheme.
num: 19
paragraphs: Amendment of Article 28A of the Principal Scheme.
num: 20
paragraphs: Amendment of Article 38 of the Principal Scheme.
num: 21
paragraphs: Restoration of pensions forfeited or terminated.
num: 22
paragraphs: Amendment of Article 41 of the Principal Scheme.
num: 23
paragraphs: Amendment of the Schemes.
Article
num: 24
paragraphs: Extension of application of Rule 2 of the First Schedule to the Principal Scheme.
num: 25
paragraphs: Increase of married officers' gratuities for Lieutenant-Generals and Generals.
num: 26
paragraphs: Increase of pensions payable to certain retired officers.
num: 27
paragraphs: Amendment of the Eighth Schedule to the Principal Scheme.
num: 28
paragraphs: Amendment of Article 15 of the Amending Scheme of 1947.
num: 29
paragraphs: Gratuities under Article 42 of the Amending Scheme of 1947.
num: 30
paragraphs: Amendment of Article 20 of the Amending Scheme of 1949.
I, OSCAR TRAYNOR, Minister for Defence, with the consent of the Minister for Finance, testified by his signature hereto, do hereby, in exercise of the powers conferred on me by the Defence Forces (Pensions) Acts, 1932 to 1949, and of every and any other power me in this behalf enabling, make the following Scheme, that is to say :
1 Short title and commencement.
num: 1
paragraphs: —(1) This Scheme may be cited as the Defence Forces (Pensions) (Amendment) Scheme, 1953.
(2) This Scheme shall come into operation immediately upon its being confirmed by resolution of each House of the Oireachtas.
2 Application of the Interpretation Act, 1937 .
num: 2
paragraphs: The Interpretation Act, 1937 (No. 38 of 1937), applies to this Scheme.
3 Interpretation.
num: 3
paragraphs: —(1) In this Scheme—
" the Principal Scheme " means the Defence Forces (Pensions) Scheme, 1937 ( S. R. & O. No. 249 of 1937 ) ;
" the Amending Scheme of 1947 " means the Defence Forces (Pensions) (Amendment) Scheme, 1947 ( S. R. & O. No. 81 of 1947 ) ;
" the Amending Scheme of 1949 " means the Defence Forces (Pensions) (Amendment) Scheme, 1949 ( S.I. No. 209 of 1949 ) ;
" the Schemes " means the Principal Scheme as amended by subsequent Schemes including this Scheme ;
" Defence Force regulations " means regulations made under the Defence Forces (Temporary Provisions) Acts, 1923 to 1953 ;
" the Minister " means the Minister for Defence ;
" married officer " means, save where the context otherwise requires, an officer who was a married officer within the meaning of the Defence Force regulations with respect to the pay of officers in force on the day before the date of his retirement ;
" single officer " means, save where the context otherwise requires, an officer who is not a married officer
(2) This Scheme shall be construed as one with the Principal Scheme.
(3) The Principal Scheme, the Defence Forces (Pensions) (Amendment) Scheme, 1940 ( S. R. & O. No. 299 of 1940 ), the Amending Scheme of 1947, the Amending Scheme of 1949, the Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1949 ( S.I. No. 291 of 1949 ), and this Scheme may be cited together as the Defence Forces (Pensions) Schemes, 1937 to 1953.
4 Increase of retired pay of officers retiring on or after 2nd September, 1949.
num: 4
paragraphs: —(1) Where retired pay is granted under Articles 5, 6, 7, 8, 9, 9A or 10 of the Principal Scheme to an officer who retires or is retired on or after the 2nd day of September, 1949, such pay shall be increased by the appropriate percentage indicated in the Table to this Article.
(2) 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 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.
(3) Article 14 of the Amending Scheme of 1947 shall not apply to an officer to whom this Article applies, and any payments made in respect of the increase granted under the said Article 14 shall be deemed to be payments on foot of the increase granted by this Article.
(4) In the Table to this Article, as respects an officer who retires or is retired between the 2nd day of September, 1949, and the 1st day of April, 1950—
" married officer " means an officer who was on the day before the date of his retirement, and had been during the whole of the two years ending on that day, either in occupation of married quarters or in receipt of lodging, fuel and light allowance at the married rate ;
" single officer " means an officer who is not a married officer.
(5) Sub-articles (1), (2) and (4) of this Article shall be deemed to have come into operation on the 2nd day of September, 1949.
TABLE.
Retiring Rank by reference to which retired pay was calculated.
Married Officer
Single Officer
Retirement before 16th January, 1951.
Retirement on or after 16th January, 1951.
Retirement before 16th January, 1951.
Retirement on or after 16th January, 1951.
Lieutenant-General
—
61%
—
—
Major-General
44%
69%
40%
62%
Colonel
52%
74%
48%
71%
Lieutenant-Colonel
47%
69%
41%
57%
Commandant
38%
53%
30%
43%
Captain
42%
58%
42%
59%
Lieutenant
32%
48%
30%
43%
5 Increase of gratuities of married officers retiring on or after 2nd September, 1949.
num: 5
paragraphs: —(1) Where a gratuity is paid under Article 11 of the Principal Scheme (inserted by Article 9 of the Amending Scheme of 1947) to an officer (other than an officer whose retiring rank is lieutenant-general or general) who retires on or after the 2nd day of September, 1949, such gratuity shall be increased by the appropriate percentage indicated in the Table to this Article.