Vol. 51 No. 1
I move:—
That the Defence Forces (Pensions) (Amendment) Scheme, 1959, prepared by the Minister for Defence, with the consent of the Minister for Finance, under Sections 2, 3 and 5 of the Defence Forces (Pensions) Act, 1932, and Section 4 of the Defence Forces (Pensions) (Amendment) Act, 1938, and laid before the House on the 21st day of April, 1959, be confirmed.
Deintear na Scéimeanna Óglaigh na hEireann (Pinsin) fé údaras na nAcht Fórsaí Cosanta (Pinsin), 1932 go 1957, agus tá baint acu le pá scoir, pinsin agus aiscí i gcóir nó i leith comhaltaí de na Buan-Oglaigh agus i gcóir comhaltaí de Sheirbhís Altranais an Airm agus den tSheirbhís Seipléineachta. De réir Ailt 4 den Acht de 1932, ní thiocfaidh aon scéim phinsin i bhfeidhm go dtí go ndéanfar í do leaghadh fé bhráid gach Tí den Oireachtas agus í do dhaingniú le rún ó gach Teach acu sin.
The Defence Forces (Pensions) Schemes are made under the authority of the Defence Forces (Pensions) Acts, 1932 to 1957, and deal with retired pay, pensions and gratuities for or in respect of members of the Permanent Defence Force and for members of the Army Nursing Service and the Chaplaincy Service. Section 4 of the Act of 1932 provides that no scheme shall come into force unless and until it has been laid before each House of the Oireachtas and has been confirmed by a resolution of each such House.
The Scheme, as Senators will see, contains eighteen Articles, the first four of which are definitory. Four of the remaining 14 Articles—those numbered 5, 6, 12 and 14—provide for increases in the retired pay, pensions and gratuities of members of the Permanent Defence Force who, before retirement or discharge, enjoyed the benefit of the Army pay increases awarded as from 1st April, 1958. The increases in retired pay, pensions and gratuities are proportionate to the pay increases.
As will be seen from the explanatory memorandum circulated with the Scheme, Articles 7, 9, 13 and 15 are designed to give formal expression to certain interpretations which were always intended; the Articles do not, therefore, introduce new policies or principles and I feel that Senators will not wish me to take up the time of the House with any further elaboration of these provisions.
Article 8 is necessary because of a revision of the Short Service Scheme for officers of the Air Corps. Up to the 31st December, 1958, the Short Service Scheme provided that those appointed under its provisions would serve for six months as cadets and 3½ years as officers. Selected officers would be permitted to extend to 5½ years. Gratuities under the Pensions Schemes were payable to officers on completion of these periods of service. The revised Short Service Scheme provides that persons appointed under its provisions will serve for 18 months as cadets and 5½ years as officers. Article 8 of this Amending Pensions Scheme removes, therefore, the entitlement to a gratuity, on completion of 3½ years service, in the cases of persons appointed after the 31st December, 1958.
At present, ex-officers in receipt of retired pay who desire to live outside the State are required by Article 18 of the Principal Scheme to obtain the written permission of the Minister for Defence to do so. There is no reason why any restriction should be placed on the movements of retired officers, except those with commitments to the Reserve Defence Force, whose position is provided for in Defence Force Regulations. It is proposed, therefore, to revoke Article 18, and this is being done by Article 10 of this Scheme.
Article 20 of the Principal Scheme as amended provides for the payment of pensions to the widows and children of deceased officers but it does not cover the case of the widow of an officer with twelve or more, but less than twenty, years' service who died, following voluntary retirement, while in receipt of retired pay. Article 11 of this Scheme enables a pension to be paid to the widow of such an officer who was originally appointed for special duties with the Volunteer Force. Amendments limited to officers in this category and their dependants have been made from time to time because of their exceptional circumstances, and it is in accordance with that consideration that the present amendment is being effected. Only one widow is involved.
Articles 16 and 18 are designed to cover the case of an officer who retires voluntarily with less than twelve years' service and who is later reappointed to be an officer. A case in point would be that of an officer who retired to follow a religious vocation but who, not finding himself suited to the religious life, was permitted to return to the Army. At present, the Principal Scheme does not enable such an officer's service on his reappointment to be reckoned as pensionable. Article 16 adjusts this position, and Article 18 provides that if the Officer received a gratuity in respect of his first period of service, that gratuity will be taken into consideration in the calculation of his final retirement benefits.
Lastly, Article 17 of the Scheme enables children adopted under the Adoption Act, 1952, to be reckoned for benefit under the Schemes as if they were children born in lawful wedlock to the adopting parents, provided that they were adopted before termination of the services of the adopting officer or soldier.
I hope that my statement will have served to clarify the provisions of this amending Scheme, but if there are any points of difficulty remaining in the minds of Senators, I shall be glad to deal with them when I am concluding.
These are desirable amendments which I think should be agreed to.
