Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1949.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: —(1) This Scheme may be cited as the Defence Forces (Pensions) (Amendment) (No. 2) Scheme, 1949.
(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. 1987.
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paragraphs: The Interpretation Act, 1937 (No. 38 of 1937), applies to this Scheme.
3 Interpretation.
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paragraphs: —(1) In this Scheme, the expression " the Principal Scheme " means the Defence Forces (Pensions) Scheme, 1937 ( S. R. & O. No. 249 of 1937 ), as amended by the Defence Forces (Pensions) (Amendment) Scheme, 1940 ( S. R. & O. No. 299 of 1940 ), the Defence Forces (Pensions) (Amendment) Scheme, 1947 ( S. R. & O. No. 81 of 1947 ), and the Defence Forces (Pensions) (Amendment) Scheme, 1949 ( S.I. No. 209 of 1949 ).
(2) This Scheme shall be construed as one with the Principal Scheme.
4 Increase of retired pay of certain officers retired before 2nd September, 1946.
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paragraphs: —(1) In this Article—
the expression " officer to whom this Article applies " means an officer who retired or was retired on or after the 27th day of October, 1937, and before the 2nd day of September, 1946 ;
the expression " retired pay " means retired pay under Articles 5, 6, 7, 8, 9 or 10 of the Principal Scheme, and, in the case of an officer who was immediately preceding his retirement, a special service officer, within the meaning of Article 13 of the Principal Scheme, and who did not exercise the election conferred on him by paragraph (b) of sub-article (1) of the said Article 13, means the retired pay of that officer as increased under paragraph (a) of the said sub-article (1).
(2) Where—
(a) an officer to whom this Article applies was granted retired pay and
(b) his retired pay is less than £450 per annum,
then, subject to sub-articles (3) and (4) of this Article, his retired pay shall, in respect of any period commencing on or after the 1st day of April, 1949, be increased by whichever of the following sums is the lesser—
(i) a sum equal to 30 per cent. of his retired pay,
(ii) the sum required to bring his retired pay up to £450 per annum.
(3) Where—
(a) an officer to whom this Article applies is in receipt of retired pay, and
(b) such officer is also in receipt of a disablement pension or a military service pension or both, and
(c) the aggregate amount of—
(i) his retired pay, and
(ii) the net amount of the said pension or pensions is £450 per annum or more,
then, no increase of his retired pay shall be made under sub-article (2) of this Article.
(4) Where—
(a) an officer to whom this Article applies is in receipt of retired pay, and
(b) such officer is also in receipt of a disablement pension or a military service pension or both, and
(c) the aggregate amount of—
(i) his retired pay, and
(ii) the net amount of the said pension or pensions
is less than £450 per annum, but would, if his retired pay were increased under sub-article (2) of this Article, exceed £450 per annum,
then, his retired pay shall be increased under the said sub-article (2) of this Article only by such amount as will bring the aggregate amount of his retired pay and of the net amount of the said pension or pensions up to £450 per annum.
5 Amendment of Article 20 of the Principal Scheme.
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paragraphs: —(1) Sub-article (1) of Article 20 of the Principal Scheme shall have effect as if for the Table to that sub-article there were substituted the following—
" Table to Article 20(1).
Rank
Amount of pension
£
s.
d.
Lieutenant
67
10
0
Captain
82
10
0
Commandant
97
10
0
Major or Lieutenant Colonel
112
10
0
Colonel
135
0
0
Major General or higher rank
150
0
0
"
(2) Sub-article (1) of this Article shall be deemed to have come into operation on and shall have effect as on and from the 1st day of April, 1949.
6 Amendment of Article 26A of the Principal Scheme
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paragraphs: —(1) Article 26A of the Principal Scheme shall have effect as if, in sub-article (1) of the said Article 26A, there were inserted after the words, " long-service soldier," the words, " who was discharged from the Forces on or after the appointed day and before the 2nd day of September, 1946, or ",
(2) Where a pension is granted under Article 26A of the Principal Scheme, as amended by sub-article (1) of this Article, to a soldier who was discharged from the Forces before the 2nd day of September, 1946—
(a) the pension and any married pension granted to him shall be payable as on and from the 1st day of April, 1949,
(b) the pension (if any) payable to him under Article 26 of the Principal Scheme shall not be payable in respect of any period commencing on or after the 1st day of April, 1949, and any payments made to him on foot thereof in respect of any such period shall be treated as payments in respect of that period on foot of the pension granted to him under Article 26A of the Principal Scheme, as amended by sub-article (1) of this Article.
7 Amendment of Article 27A of the Principal Scheme.
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paragraphs: —(1) Article 27A of the Principal Scheme shall have effect as if, in sub-article (1) of the said Article 27A, there were inserted after the words, " whose qualifying service is fifteen years or more and less than twenty-one," the words, " was discharged from the Forces on or after the appointed day and before the 2nd day of September, 1946, or ".
(2) Where a pension is granted under Article 27A of the Principal Scheme, as amended by sub-article (1) of this Article, to a soldier who was discharged from the Forces before the 2nd day of September, 1946—
(a) the pension and any married pension granted to him shall be payable as on and from the 1st day of April, 1949,
(b) the pension (if any) payable to him under Article 27 of the Principal Scheme shall not be payable in respect of any period commencing on or after the 1st day of April, 1949, and any payments made to him on foot thereof in respect of any such period shall be treated as payments in respect of that period on foot of the pension granted to him under the said Article 27A, as amended by sub-article (1) of this Article.
(3) The reference in sub-article (1) of Artice 27A of the Principal Scheme, to Article 26A of the Principal Scheme shall be construed as including a reference to the said Article 26A as amended by sub-article (1) of article 6 of this Scheme.