Defence Forces (Pensions) (Amendment) Scheme, 1982
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: Short title, collective citation and construction.
num: 2
paragraphs: Commencement.
num: 3
paragraphs: Application of Interpretation Act, 1937.
num: 4
paragraphs: Definitions.
num: 5
paragraphs: Increase of retired pay of officers retired before 27th day of June, 1979.
num: 6
paragraphs: Further increase of retired pay of officers retired before 2nd day of March, 1980.
num: 7
paragraphs: Increase of retired pay under Article 19 of the Amending Scheme of 1960.
num: 8
paragraphs: Further increase of retired pay under Article 19 of the Amending Scheme of 1960.
num: 9
paragraphs: Increase of pensions of certain deceased officers' widows.
num: 10
paragraphs: Further increase of pensions of certain deceased officers' widows.
num: 11
paragraphs: Increase of pensions of certain deceased officers' children.
num: 12
paragraphs: Further increase of pensions of certain deceased officers' children.
num: 13
paragraphs: Increase of pensions under Article 26A or 27A of the Principal Scheme.
num: 14
paragraphs: Further increase of pensions under Article 26A or 27A of the Principal Scheme.
num: 15
paragraphs: Increase of pensions of certain members of the Army Nursing Service.
num: 16
paragraphs: Further increase of pensions of certain members of the Army Nursing Service.
num: 17
paragraphs: Increase of pensions of certain members of the Chaplaincy Service.
num: 18
paragraphs: Further increase of pensions of certain members of the Chaplaincy Service.
num: 19
paragraphs: Amendment of Article 20 (1) of the Amending Scheme of 1953.
num: 20
paragraphs: Further amendment of Article 20 (1) of the Amending Scheme of 1953.
num: 21
paragraphs: Provision regarding abatement of pensions of soldiers in certain cases.
num: 22
paragraphs: Amendment of Article 15 of the Amending Scheme of 1978.
num: 23
paragraphs: Further amendment of Article 15 of the Amending Scheme of 1978.
num: 24
paragraphs: Retired pay and gratuities of certain officers.
S.I. No. 137 of 1982.
DEFENCE FORCES (PENSIONS) (AMENDMENT) SCHEME, 1982.
I, PATRICK POWER, 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), as adapted by the Public Service (Transfer of Departmental Administration and Ministerial Functions) Order, 1973 ( S.I. No. 294 of 1973 ), hereby, with the consent of the Minister for the Public Service, make the following Scheme:
1 Short title, collective citation and construction.
num: 1
paragraphs: (1) This Scheme may be cited as the Defence Forces (Pensions) (Amendment) Scheme, 1982.
(2) The Defence Forces (Pensions) Schemes, 1937 to 1981, and this Scheme shall be construed together and may be cited together as the Defence Forces (Pensions) Schemes, 1937 to 1982.
2 Commencement.
num: 2
paragraphs: This Scheme shall come into force on the day after the date on which it is made.
3 Application of Interpretation Act, 1937 .
num: 3
paragraphs: The Interpretation Act, 1937 (No. 38 of 1937), applies to this Scheme.
4 Definitions.
num: 4
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 Amending Scheme of 1953" means the Defence Forces (Pensions) (Amendment) Scheme, 1953 ( S.I. No. 259 of 1953 );
"the Amending Scheme of 1960" means the Defence Forces (Pensions) (Amendment) Scheme, 1960 ( S.I. No. 135 of 1960 );
"the No. 3 Amending Scheme of 1972" means the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1972 ( S.I. No. 306 of 1972 );
"the Amending Scheme of 1978" means the Defence Forces (Pensions) (Amendment) Scheme, 1978 ( S.I. No. 246 of 1978 );
"the No. 3 Amending Scheme of 1978" means the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1978 ( S.I. No. 379 of 1978 ).
5 Increase of retired pay of officers retired before 27th day of June, 1979.
num: 5
paragraphs: The retired pay payable under Article 5, 6, 7, 8, 9, 9A, 10 or 10A of the Principal Scheme (including retired pay increased under Article 13 (1) (a) of the Principal Scheme) to an officer who retired or was retired before the 27th day of June, 1979, shall, with effect from the 1st day of July, 1979, be the amount which would be payable to him if the date of his retirement had been the 27th day of June, 1979, and his appointment, rank, service in that rank and total service were the same as those on the date of his actual retirement.
6 Further increase of retired pay of officers retired before 2nd day of March, 1980.
num: 6
paragraphs: The retired pay payable under Article 5, 6, 7, 8, 9, 9A, 10 or 10A of the Principal Scheme (including retired pay increased under Article 13 (1) (a) of the Principal Scheme) to an officer who retired or was retired before the 2nd day of March, 1980, shall, with effect from the 1st day of July, 1980, be the amount which would be payable to him if the date of his retirement had been the 2nd day of March, 1980, and his appointment, rank, service in that rank and total service were the same as those on the date of his actual retirement.
7 Increase of retired pay under Article 19 of the Amending Scheme of 1960.
num: 7
paragraphs: The retired pay payable under Article 19 of the Amending Scheme of 1960 to an officer shall, with effect from the 1st day of July, 1979, be the amount which would be payable to him if the date of his retirement had been the 27th day of June, 1979, and his rank, service in that rank and total service were the same as those on the date of his actual retirement.
8 Further increase of retired pay under Article 19 of the Amending Scheme of 1960.
num: 8
paragraphs: The retired pay payable under Article 19 of the Amending Scheme of 1960 to an officer shall, with effect from the 1st day of July, 1980, be the amount which would be payable to him if the date of his retirement had been the 2nd day of March, 1980, and his rank, service in that rank and total service were the same as those on the date of his actual retirement.
9 Increase of pensions of certain deceased officers' widows.
num: 9
paragraphs: (1) Article 20 (1) of the Principal Scheme shall, with effect from the 1st day of July, 1979, have effect as if for the Table thereto (inserted by Article 7 of the No. 3 Amending Scheme of 1978) there were substituted the following Table:—
TABLE
"
Rank
Amount of Pension
Second-Lieutenant or Lieutenant
£747.84 a year or 25 per cent of the deceased officer's pay, whichever is greater.
Captain
£916.80 a year or 30 per cent of the deceased officer's retired pay, whichever is greater.
Commandant
£1,081.08 a year or 31.5 per cent of the deceased officer's retired pay, whichever is greater.
Major or Lieutenant-Colonel
£1,226.16 a year or 28 per cent of the deceased officer's retired pay, whichever is greater.
Colonel
£1,464.72 a year of 27.5 per cent of the deceased officer's retired pay, whichever is greater.
Major-General or higher rank
£1,627.20 a year or 25.5 per cent of the deceased officer's retired pay, whichever is greater.
"
(2) For purposes of Article 20 (1) of the Principal Scheme, as amended by this Article, a deceased officer's retired pay means—
( a ) in case the officer died while in receipt of retired pay, the retired pay which would be payable to him if the date of his retirement had been the 2nd day of July, 1979, and his appointment, rank, service in that rank and total service were the same as those on the date of his actual retirement,
( b ) in case the officer died before qualifying for retired pay, his accrued retired pay which will be calculated by crediting him with the amount of pensionable service including service in his rank which he would have had if he had served to the retiring age prescribed for his rank, or the age of 65 in the case of a person of higher rank than Major- General, and which will be based on the appropriate rate of retired pay in force on the 1st day of July, 1979, for an officer of his rank and service.
(3) Notwithstanding anything contained in Article 20 (1) of the Principal Scheme, where an officer—
( a ) died while serving prior to the 23rd day of July, 1968, with five years pensionable service or more, or
( b ) retired prior to the 23rd day of July, 1968, and dies while in receipt of retired pay,
there may be paid to the widow of such deceased officer—
(i) the appropriate amount in the Table to the said Article 20 (1) (inserted by this Article), or
(ii) an amount equal to five-sixths of the pension which would be payable to her if her deceased husband had been a member of the Contributory Scheme administered by the Minister for the widows and children of officers of the Permanent Defence Force and the date of his death or retirement had been the 2nd day of July, 1979,
whichever is the greater.
(4) This Article shall be deemed to have come into effect on the 1st day of July, 1979.
10 Further increases of pensions of certain deceased officers' widows.
num: 10
paragraphs: (1)Article 20 (1) of the Principal Scheme shall, with effect from the 1st day of July, 1980, have effect as if for the Table thereto (inserted by Article 9 of this Scheme) there were substituted the following Table:—
TABLE
"
Rank
Amount of Pension
Second-Lieutenant or Lieutenant
£817.44 a year or 25 per cent of the deceased officer's retired pay, whichever is greater.
Captain
£1,00.12 a year or 30 per cent of the deceased officer's retired pay, whichever is greater.
Commandant
£1,181.64 a year or 31.5 per cent of the deceased officer's retired pay, whichever is greater.
Major or Lieutenant-Colonel
£1,340.28 a year or 28 per cent of the deceased officer's retired pay, whichever is greater.
Colonel
£1,601.04 a year of 27.5 per cent of the deceased officer's retired pay, whichever is greater.
Major-General or higher rank
£1,778.64 a year or 25.5 per cent of the deceased officer's retired pay, whichever is greater.
''
(2) For purposes of Article 20 (1) of the Principal Scheme, as amended by this Article, a deceased officer's retired pay means—
( a ) in case the officer died while in receipt of retired pay, the retired pay which would be payable to him if the date of his retirement had been the 2nd day of July, 1980, and his appointment, rank, service in that rank and total service were the same as those on the date of his actual retirement,
( b ) in case the officer died before qualifying for retired pay, his accrued retired pay which will be calculated by crediting him with the amount of pensionable service including service in his rank which he would have had if he had served to the retiring age prescribed for his rank, or the age of 65 in the case of a person of higher rank than Major-General, and which will be based on the appropriate rate of retired pay in force on the 1st day of July, 1980, for an officer of his rank and service.
(3) Notwithstanding anything contained in Article 20 (1) of the Principal Scheme, where an officer who—
( a ) died while serving prior to the 23rd day of July, 1968, with five years pensionable service or more, or
( b ) retired prior to the 23rd day of July, 1968, and dies while in receipt of retired pay,
there may be paid to the widow of such deceased officer—
(i) the appropriate amount in the Table to the said Article 20 (1) (as inserted by this Article), or
(ii) an amount equal to five-sixths of the pension which would be payable to her if her deceased husband had been a member of the Contributory Scheme administered by the Minister for the widows and children of officers of the Permanent Defence Force and the date of his death or retirement had been the 2nd day of July, 1980,
whichever is the greater.
(4) This Article shall be deemed to have come into effect on the 1st day of July, 1980.
11 Increase of pensions of certain deceased officers' children.
num: 11
paragraphs: (1) Every pension payable under Article 20 (2) of the Principal Scheme to a child of a deceased officer shall, with effect from the 1st day of July, 1979, be increased as follows:—
( a ) while the child's mother is living—to £251.04 a year,
( b ) after the death of the child's mother—to £368.64 a year.
(2) Notwithstanding anything contained in Article 20 (2) of the Principal Scheme, where an officer—
( a ) died while serving prior to the 23rd day of July, 1968, with five years pensionable service or more, or
( b ) retired prior to the 23rd day of July, 1968, and dies while in receipt of retired pay,
there may be paid to the child of such deceased officer—
(i) the appropriate amount under sub-article (1) of this Article, or
(ii) an amount equal to five-sixths of the pension which would be payable to the child if the deceased officer had been a member of the Contributory Scheme administered by the Minister for the widows and children of officers of the Permanent Defence Force and the date of his death or retirement had been the 2nd day of July, 1979,
whichever is the greater.
(3) This Article shall be deemed to have come into effect on the 1st day of July, 1979.
12 Further increase of pensions of certain deceased officers' children.
num: 12
paragraphs: (1) Every pension payable under Article 20 (2) of the Principal Scheme to a child of a deceased officer shall, with effect from the 1st day of July, 1980, be increased as follows:—
( a ) while the child's mother is living— £274.44 a year,
( b ) after the death of the child's mother—to £402.96 a year.
(2) Notwithstanding anything contained in Article 20 (2) of the Principal Scheme, where an officer who—
( a ) died while serving prior to the 23rd day of July, 1968, with five years pensionable service or more, or
( b ) retired prior to the 23rd day of July, 1968, and dies while in receipt of retired pay,
there may be paid to the child of such deceased officer—
(i) the appropriate amount under sub-article (1) of this Article, or
(ii) an amount equal to five-sixths of the pension which would be payable to the child if the deceased officer had been a member of the Contributory Scheme administered by the Minister for the widows and children of officers of the Permanent Defence Force, and the date of his death or retirement had been the 2nd day of July, 1980,
whichever is the greater.
(3) This Article shall be deemed to have come into effect on the 1st day of July, 1980.
13 Increase of pensions under Article 26A or 27A of the Principal Scheme.
num: 13
paragraphs: The pension payable under Article 26A of the Principal Scheme (inserted by Article 22 of the Amending Scheme of 1947) or Article 27A of the Principal Scheme (inserted by Article 24 of the said Amending Scheme of 1947) to a soldier discharged before the 1st day of June, 1979, shall, with effect from the 1st day of July, 1979, be the amount which would be payable to him if the date of his discharge had been the 1st day of June, 1979, and his rank, service in that rank and total service were the same as those on the date of his actual discharge.
14 Further increase of pensions under Article 26A or 27A of the Principal Scheme.
num: 14
paragraphs: The pension payable under Article 26A of the Principal Sceme (inserted by Article 22 of the Amending Scheme of 1947) or Article 27A of the Principal Scheme (inserted by Article 24 of the said Amending Scheme of 1947) to a soldier discharged before the 1st day of March, 1980, shall, with effect from the 1st day of July, 1980, be the amount which would be payable to him if the date of his discharge had been the 1st day of March, 1980, and his rank, service in that rank and total service were the same as those on the date of his actual discharge.
15 Increase of pensions of certain members of the Army Nursing Service.
num: 15
paragraphs: The pension payable under Part IV of the Principal Scheme to a member of the Army Nursing Service who resigned or whose services were terminated with effect from a date prior to the 2nd day of June, 1979, shall with effect from the 1st day of July, 1979, be the amount which would be payable to her if the effective date of her resignation or of the termination of her services had been the 2nd day of June, 1979, and her rank, service in that rank and total service were the same as those on the actual effective date of her resignation or of the termination of her services.
16 Further increase of pensions of certain members of the Army Nursing Service.
num: 16
paragraphs: The pension payable under Part IV of the Principal Scheme to a member of the Army Nursing Service who resigned or whose services were terminated with effect from a date prior to the 2nd day of April, 1980, shall, with effect from the 1st day of July, 1980, be the amount which would be payable to her if the effective date of her resignation or of the termination of her services had been the 2nd day of April, 1980, and her rank, service in that rank and total service were the same as those on the actual effective date of her resignation or of the termination of her services.
17 Increase of pensions of certain members of the Chaplaincy Service.
num: 17
paragraphs: The pension payable under Part IVA of the Principal Scheme (inserted by Article 12 of the Amending Scheme of 1949), to a member of the Chaplaincy Service whose services were terminated with effect from a date prior to the 27th day June, 1979, shall, with effect from the 1st day of July, 1979, be the amount which would be payable to him if the effective date of the termination of his services had been the 27th day of June, 1979, and his grade of appointment, service in that grade and total service were the same as those on the actual effective date of the termination of his services.
18 Further increase of pensions of certain members of the Chaplaincy Service.
num: 18
paragraphs: The pension payable under Part IVA of the Principal Scheme (inserted by Article 12 of the Amending Scheme of 1949), to a member of the Chaplaincy Service whose services were terminated with effect from a date prior to the 2nd day of March, 1980, shall, with effect from the 1st day of July, 1980, be the amount which would be payable to him if the effective date of the termination of his services had been the 2nd day of March, 1980, and his grade of appointment, service in that grade and total service were the same as those on the actual effective date of the termination of his services.
19 Amendment of Article 20 (1) of Amending Scheme of 1953.
num: 19
paragraphs: Article 20 (1) of the Amending Scheme of 1953 shall, with effect from the 1st day of July, 1979, have effect as if for the Table thereto (inserted by Article 12 of the No. 3 Amending Scheme of 1978) there were substituted the following Table:
"TABLE
Notwithstanding anything to the contrary in Article 38 of the Principal Scheme, no reduction of service pension shall be made under that Article so as to reduce the total of the service pension and the disablement pension to less than the greater of the following amounts:—
( a ) the sum of £1,704 a year,
( b ) the sum of the greater of such pensions and one half the lesser."
20 Further amendment of Article 20 (1) of the Amending Scheme of 1953.
num: 20
paragraphs: Article 20 (1) of the Amending Scheme of 1953 shall, with effect from the 1st day of July, 1980, have effect as if for the Table thereto (inserted by Article 19 of this Scheme) there were substituted the following Table:— -
"TABLE
Notwithstanding anything to the contrary in Article 38 of the Principal Scheme, no reduction of service pension shall be made under that Article so as to reduce the total of the service pension and the disablement pension to less than the greater of the following amounts:—
( a ) the sum of £1,872 a year,
( b ) the sum of the greater of such pensions and one half the lesser."
21 Provision regarding abatement of pensions of soldiers in certain cases.
num: 21
paragraphs: The reference in Article 38 (1) (b) of the Principal Scheme to a pension under Part III of that Scheme shall, in relation to a soldier discharged before the date of the coming into operation of Article 15 of the Defence Forces (Pensions) (Amendment) Scheme, 1956 ( S.I. No. 35 of 1956 ), be deemed to exclude:—
( a ) £8.61 a week with effect from the 1st day of July, 1979, to the 30th day of June, 1980,
( b ) £9.42 a week with effect from the 1st day of July, 1980.
22 Amendment of Article 15 of the Amending Scheme of 1978.
num: 22
paragraphs: (1) Article 15 (2) of the Amending Scheme of 1978 (as amended by Article 14 of the No. 3 Amending Scheme of 1978) is hereby further amended, with effect from the 1st day of July, 1979, by the substitution of "£1,704" for "£1,392" and the said Article 15 (2), as so amended, is set out in the Table to this Article.
TABLE
15 (2) Where the widow of an officer—
( a ) is granted a service pension, and
( b ) is also in receipt of an allowance,
there may be granted to such widow—
(i) the sum of the greater benefit plus one half of the lesser benefit, or, if greater
(ii) £1,704 a year,
provided that the total amount payable does not exceed one-third of the officer's pensionable pay.
(2) For purposes of Article 15 (2) of the Amending Scheme of 1978, as amended by this Article, "pensionable pay"—
( a ) shall include any additional pay in respect of professional or technical qualifications which is reckonable for gratuity under Article 5 of the No. 3 Amending Scheme of 1972,
( b ) in the case of an officer who died in service before the 1st day of July, 1979, or who retired or was retired before the 2nd day of July, 1979, shall be taken as the pay which would be payable to him if he had been serving on the 1st day of July, 1979, and
( c ) in any other case, shall be the actual pay payable at date of death or reitrement, as the case may be.
23 Further amendment of Article 15 of the Amending Scheme of 1978.
num: 23
paragraphs: (1) Article 15 (2) of the Amending Scheme of 1978 (as amended by Article 22 of this Scheme) is hereby further amended, with effect from the 1st day of July, 1980, by the substitution of "£1,872" for "£1,704" and the said Article 15 (2), as so amended, is set out in the Table to this Article.
TABLE
15 (2) Where the widow of an officer—
( a ) is granted a service pension, and
( b ) is also in receipt of an allowance,
there may be granted to such widow—
(i) the sum of the greater benefit plus one half of the lesser benefit, or, if greater
(ii) £1,872 a year,
provided that the total amount payable does not exceed one-third of the officer's pensionable pay.
(2) For purposes of Article 15 (2) of the Amending Scheme of 1978, as amended by this Article, "pensionable pay"—
( a ) shall include any additional pay in respect of professional or technical qualifications which is reckonable for gratuity under Article 5 of the No. 3 Amending Scheme of 1972,
( b ) in the case of an officer who died in service before the 1st day of July, 1980, or who retired or was retired before the 2nd day of July, 1980, shall be taken as the pay which would be payable to him if he had been serving on the 1st day of July, 1980, and
( c ) in any other case, shall be the actual pay payable at date of death or retirement, as the case may be.
24 Retired pay and gratuities of certain officers.
num: 24
paragraphs: (1) Where an officer who was appointed Assistant Chief of Staff—
( a ) was granted special leave without pay and allowances to take up an appointment as Force Commander of the United Nations Force in Cyprus,
( b ) did not qualify for any superannuation benefits other than a refund of his own contributions from the United Nations, and
( c ) retires or is retired from the Permanent Defence Force in the rank of Major-General
the yearly rate of his retired pay shall be the rate appropriate to the rank of Colonel, increased by 20 per cent.
(2) The gratuity payable to an officer to whom subarticle (1) of this Article applies shall be the rate appropriate to the rank held by him at the date of his retirement.