Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1972.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: Short title, collective citation and construction.
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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: Gratuities in respect of certain deceased officers.
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paragraphs: Gratuities in respect of certain deceased soldiers.
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paragraphs: Amendment of Article 20 of Principal Scheme.
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paragraphs: Amendment of Article 26B of Principal Scheme.
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paragraphs: Amendment of Article 5 of No. 3 Amending Scheme of 1970.
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paragraphs: Amendment of Article 6 of No. 3 Amending Scheme of 1970.
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paragraphs: Amendment of Article 9 of No. 3 amending Scheme of 1970.
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paragraphs: Amendment of Article 10 of No. 3 amending Scheme of 1970.
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paragraphs: Amendment of Article II of No. 3 Amending Scheme of 1970.
S.I. No. 306 of 1972.
DEFENCE FORCES (PENSIONS) (AMENDMENT) (NO. 3) SCHEME, 1972.
I, DIARMUID Ã CRÃINÃ?N, 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.
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paragraphs: (1) This Scheme may be cited as the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1972.
(2) The collective citation, the Defence Forces (Pensions) Schemes, 1937 to 1972, shall include this Scheme.
(3) The Defence Forces (Pensions) Schemes, 1937 to 1972, shall be construed together as one Scheme.
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);
"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 No. 3 Amending Scheme of 1970" means the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1970 ( S.I. No. 298 of 1970 );
"relative" has, in relation to an officer, the meaning assigned to it by Article 20 of the Amending Scheme of 1949, and, in relation to a soldier, the meaning assigned to it by Article 42 of the Amending Scheme of 1947.
5 Gratuities in respect of certain deceased officers.
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paragraphs: (l) Notwithstanding anything contained in Article 11A of the Principal Scheme (inserted by Article 10 of the Amending Scheme of 1947) or in Article 20 of the Amending Scheme of 1949, where an officer whose pensionable service is five years or more dies while serving in the Forces, there may be paid to a relative of such officer a gratuity of—
(a) a sum equal to the gratuity payable under the said Article 11A or the said Article 20, as the case may be, or
(b) a sum equal to the aggregate of 365 days of his daily pay at the date of his death,
whichever is the greater.
(2) For the purpose of paragraph (1) of this Article, the pay of an officer at the date of his death shall be either—
(a) his actual pay at that date, or
(b) if he was at that date in receipt of any additional pay, his actual pay at that date together with the additional pay.
(3) Article 20 (9) of the Amending Scheme of 1949 shall apply to a gratuity payable under this Article.
(4) This Article shall be deemed to have come into operation on the 1st day of July, 1971.
6 Gratuities in respect of certain deceased soldiers.
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paragraphs: (1) Notwithstanding anything contained in Article 42 of the Amending Scheme of 1947, where a soldier whose pensionable service is 5 years or more dies while serving in the Forces, there may be paid to a relative of such soldier a gratuity of an amount equal to the aggregate of 365 days of his daily pay at the date of his death.
(2) For the purpose of paragraph (1) of this Article, the pay of a soldier at the date of his death shall be either—
(a) his actual pay at that date, or
(b) if he was at that date in receipt of additional pay, his actual pay at that date together with the additional pay.
(3) Article 42 (9) of the Amending Scheme of 1947 shall apply to a gratuity payable under this Article.
(4) This Article shall be deemed to have come into operation on the 1st day of July, 1971.
7 Amendment of Article 20 of Principal Scheme.
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paragraphs: (1) Article 20 (5) of the Principal Scheme is hereby amended by the substitution in paragraph (b) of "five years" for "twelve years".
(2) Notwithstanding anything contained in Article 20 (9) of the Principal Scheme, a pension granted to the widow or child of a deceased officer, to whom, by virtue of paragraph (1) of this Article, the said Article 20 applies, shall be payable from—
(a) the 1st day of July, 1971, or
(b) the day following the date of death of such officer,
whichever is the later.
8 Amendment of Article 26B of Principal Scheme.
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paragraphs: (1) Notwithstanding anything contained in Article 26B of the Principal Scheme (inserted by Article 9 of the Defence Forces (Pensions) (Amendment) Scheme, 1956 ( S.I. No. 35 of 1956 )), qualifying service for the purpose of paragraph (1) of that Article shall include any period of service in the Forces rendered subsequent to the 1st day of August, 1940, provided that such service is not reckoned for pension purposes under the Superannuation Acts, 1834 to 1963.
(2) Sub-article (1) of this Article shall be deemed to have come into operation on the 1st day of January, 1968.
9 Amendment of Article 5 of No. 3 Amending Scheme of l970.
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paragraphs: (1) Article 5 of the No. 3 Amending Scheme of 1970 is hereby amended by—
(a) the substitution for sub-article (4) of the following sub-article—
"(4) Where—
(a) an officer retires or is retired while holding one of the appointments mentioned in sub-article (2) of this Article, and
(b) at any time before his retirement that officer held for not less than one year any of the appointments mentioned in sub-article (1) of this Article in the rank prescribed therefor in Defence Force Regulations,
the yearly rate of the retired pay of that officer shall be—
(i) the rate appropriate to that rank, increased by twenty per cent., or
(ii) the rate appropriate to his retiring rank,
whichever is the more favourable", and
(b) the insertion after sub-article (4) of the following sub-articles—
"(4A) Where—
(i) an officer retires or is retired while holding one of the appointments mentioned in sub-article (1) of this Article,
(ii) no increase in his retired pay is payable under sub-article (1) or (3) of this Article, and
(iii) at any time before his retirement that officer held for not less than one year any other of the appointments mentioned in the said sub-article (1) in the rank prescribed therefor in Defence Force Regulations,
his yearly rate of retired pay shall be the rate appropriate to that rank increased by twenty per cent.
(4B) Where—
(i) an officer retires or is retired while holding one of the appointments mentioned in sub-article (1) or (2) of this Article,
(ii) no increase in his retired pay is payable under sub-article (1), (2), (3), (4) or (4A) of this Article, and
(iii) at any time before his retirement that officer held for not less than one year one of the appointments mentioned in sub-article (2) of this Article in the rank prescribed therefor in Defence Force Regulations,
his yearly rate of retired pay shall be the rate appropriate to that rank increased by ten per cent".
(2) Sub-article (1) of this Article shall be deemed to have come into operation on the 2nd day of June, 1969.
10 Amendment of Article 6 of No. 3 Amending Scheme of 1970.
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paragraphs: (1) Article 6 of the No. 3 Amending Scheme of 1970 is hereby amended by—
(a) the deletion of "regimental" in each place where it occurs in sub-article (1), and
(b) the substitution for sub-article (2) of the following sub-article—
"(2) In this Article 'pay at the date of retirement' means—
(a) in the case of an officer who has not less than one year's pensionable service in the rank held by him at that date:
(i) his actual pay at that date, or
(ii) if he was at that date, and had been for one year immediately preceding it, in receipt of a special allowance while holding one of the appointments mentioned in Article 5 (1) or 5 (2) of this Scheme, his actual pay at that date together with any such allowance, or
(iii) if he was at that date in receipt of any additional pay as a special service officer (within the meaning of Article 13 of the Principal Scheme), his actual pay at that date together with the additional pay, or
(b) in any other case—
(i) his actual pay at that date including—
(I) if he was at that date, and had been for one year immediately preceding it, in receipt of a special allowance while holding one of the appointments mentioned in Article 5 (1) or 5 (2) of this Scheme, any such special allowance, or
(II) any additional pay as a special service officer (within the meaning of Article 13 of the Principal Scheme) payable to him,
or
(ii) the pay he would have been in receipt of at that date, it there had not been a change of his rank during the last year of his pensionable service, including any such special allowance or additional pay, payable to him,
whichever is the lesser".
(2) Sub-article (1) of this Article shall be deemed to have come into operation on the 2nd day of June, 1969.
11 Amendment of Article 9 of No. 3 Amending Scheme of 1970.
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paragraphs: (1) Article 9 of the No. 3 Amending Scheme of 1970 is hereby amended by the insertion after sub-article (2) of the following sub-article—
"(2A) Notwithstanding anything contained in sub-article (2) of this Article, an increase payable by virtue of this Article shall continue to be payable when a soldier reaches the age of 70 years, if, without his own default, he fails to qualify for a contributory old age pension under the Social Welfare Acts, 1952 to 1972.".
(2) Sub-article (1) of this Article shall be deemed to have come into operation on the 1st day of June, 1969.
12 Amendment of Article 10 of No. 3 Amending Scheme of 1970.
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paragraphs: (1) Article 10 of the No. 3 Amending Scheme of 1970 is hereby amended by the insertion after sub-article (1) of the following sub-article—
"(1A) In this Article 'pay' in relation to a long-service soldier means—
(a) in the case of a soldier who had been in receipt of additional pay for five years or more immediately preceding his discharge, the pay appropriate to his retiring rank at that date together with the additional pay
or
(b) in the case of any other soldier, the pay appropriate to his retiring rank at the date of his discharge.".
(2) Sub-article (1) of this Article shall be deemed to have come into operation on the 1st day of June, 1969.
13 Amendment of Article II of No. 3 Amending Scheme of 1970.
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paragraphs: (1) Article II of the No. 3 Amending Scheme of 1970 is hereby amended by the insertion in paragraphs (2) (a) and (2) (b) after "Article 26A (1)" of "or 27A (1)".
(2) Sub-article (1) of this Article shall be deemed to have come in the operation on the 1st day of June, 1969.