Vol. 52 No. 19
I move:
That the Defence Forces (Pensions) (Amendment) Scheme, 1960, 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 30th day of June, 1960, be confirmed.
Deintear an Scéim seo de bhun na nAcht Fórsaí Cosanta (Pinsin), 1932 go 1957. Ní thiocfaidh sí i bhfeidhm go ndaingneofar í ag rún ó gach Teach den Oireachtas.
Airteagal is tríocha atá sa Scéim; is mínithe iad na ceithre chinn thosaigh. Baineann seacht nAirteagal (uimhreacha 5, 7, 9, 11, 13, 15 agus 17) le méaduithe ar an bpá scoir agus ar phinsin a húdaraíodh sa gCáinaisnéis 1959; is ionann iad agus 6% do dhaoine a hurscaoileadh roimh 1 Meán Fómhair, 1949, (agus do bhaintrigh agus leanaí áirithe) agus 4% do dhaoine a hurscaoileadh idir 1 Meán Fómhair, 1949, agus 1 Samhain, 1952. Tá na méaduithe ar aon dul leis na méaduithe do phinsinéirí Stáit, i gcoitinne; d'aontuigh Dáil Éireann leo sa mheastachán a ritheadh ar an 22ú Iúil, 1959, táid á íoc ó Lúnasa, 1959, i leith, agus is £10,000 sa bhliain an garchostas.
Beartaítear i nocht nAirteagal eile (uimhreacha 6, 8, 10, 12, 14, 16, 18 agus 20) éifeacht a thabhairt do na méaduithe ar an bpá scoir agus ar phinsin a déanfar ar 1 Lúnasa, 1960 de réir Cáinaisnéis 1960; is ionann iad agus 7½% do dhaoine a hurscaoileadh roimh 1 Meán Fómhair, 1949 (agus do bhaintrigh agus leanaí áirithe) agus 5% do dhaoine a hurscaoileadh idir 1 Meán Fómhair, 1949, agus 1 Samhain, 1955. Cosnóidh na méaduithe seo—atá ar aon dul le méaduithe do phinsinéirí Stáit, i gcoitinne—£10,000 sa bhliain airgeadais reatha agus £17,000 i mbliain iomlán.
Baineann seacht gcinn den dá Airteagal déag eile (uimhreacha 21, 22, 23, 24, 25, 28 agus 29) le hathruithe gnáthacha are an bpá scoir, ar phinsin agus ar aiscí atá ag braith ar mhéaduithe ar an bpá sheirbhíse. Braitheann Airteagail 21 agus 23 ar mhéadú a deonadh i Márta, 1956, do roint oifigigh pósta agus tá ceangal idir na méaduithe a bearthaítear in Airteagail 22 agus 24 leis na méaduithe a deonadh d'oifigigh in Aibreán, 1958, agus Nollaig, 1959. Bheadh sé níos éasca tagairt a dhéanamh do na figiúirí iomchuí dá mbeidís go léir le chéile agus táthar ag déanamh ath-achtú, mar sin, ar na forálacha sa Scéim 1959 a bhaineas le méaduithe d'oifigigh áirithe díobhtha seo. Tagartar do Lefteanant-Ghinearál sa táible d'Airteagal 22 agus in Airteagal 25; ní bhaineann siad seo ach don oifigeach ag a raibh an chéim sin nuair a scoir sé ar 1 Eanáir, 1960, de bhrí nach raibh an pá seirbhíse lena mbaineann na hathruithe seo á íoc ach don oifigeach sin amháin (an Ceann Foirne atá imithe) agus nach bhfuil aon Lefteanant-Ghinearál san Arm fé láthair. Tá na méaduithe ar phinsin agus aiscí in Airteagail 28 agus 29 ceangailte leis na méaduithe are an bpá seirbhíse a deonadh d'O.N.C. agus fir i Nollaig, 1959; do bhronn Scéim 1959 na méaduithe d'Aibreán, 1958, ar na céimnigh seo.
Mar chríoch, tá cúig Airteagal (Uimhreach 19. 26, 27, 30 agus 31) a dheineann leasú ar an Scéim. Tá gá le Airteagal 19 toisc go bhfuair oifigigh áirithe, nach raibh i dteideal pinsin seirbhíse míleata nuair a scoir siad le hÓglaigh na hÉireann, pá scoir bunaithe ar sheirbhís roimh Deireadh Fómhair, 1923; nuair a d'éirigh lena n-achuiní, dámhadh pinsin seirbhíse míleata dóibh i leith tréimhsí go bhfuaireadar dámhachtain pá scoir ina leith cheana. Faoin Airteagal seo, cuirfear dámhachtain nua, bunaithe ar sheirbhís ó 1 Deire Fómhair, 1923, i leith, ina n-áit siúd. San Airteagal seo freisin, deontar méaduithe faoin gCáinaisnéis 1959 do na dámhachtain nua seo (tá na méaduithe faoin gCáinaisnéis 1960 clúdaithe ag Airteagal 20).
Bhí sé i gcónaí ar intinn nach mbeadh an méadú de 20% sa pá scoir atá in Airteagal 13 den Phríomh-Scéim ag dul ach amháin d'oifigigh Liachta agus Fiaclóireachta de Chór Liachta an Airm. Faoi Mhír (1) d'Airteagal 26, tá sé soiléir anois nach mbainfidh sé le hoifigigh a bheidh ar ceangal don Chór le haighaidh dualgaisí de shaghas éigin eile; tá an sainmhíniú ar oifigeach "seirbhíse speisialta" i mhir (2) níos giorra anois don sainmhíniú san Rialachán Óglaigh na hÉireann a bhaineas le pá seirbhíse don oifigeach céanna.
Cuireann Airteagal 27 deire leis an bhforál faoina laghdaítear pinsean bhaintrigh de pé mhéid a thuilleann sí as chistí phoiblí.
Beidh oifigeach i dteideal, faoi Airteagal 30, tréimhse ar bith seirbhíse i gCúltaca na nÓglach nó i gCór Tréineála Oifigeach a áireamh mar sheirbhís inphinsean más rud é go raibh sé i dteideal an tréimhse sin a dhealú óna aois chun bheith cáilithe le haghaidh ceapachán mar oifigeach de na Buan-Óglaigh.
Foráltar in Airteagal 31 go laghdófar pinsean pósta a gheibheann athair uchtála de bharr linbh de pé liúntas atá á íoc as cistí poiblí don leanbh toisc seirbhís a rinne a thuismuitheoirí nádúrtha.
Má tá gné ar bith den Scéim nach bhfuil soiléir beidh áthas orm tuille eolais a thabhairt faoi ag an deire.
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 Oireachtais and has been confirmed by a resolution of each such House.
This scheme contains 31 Articles, the first of which are definitory. Seven articles—Nos. 5, 7, 9, 11, 13, 15 and 17—are designed to give formal effect to increases in retired pay and pensions which are in accordance with the increases for State pensioners, generally, authorised by the Minister for Finance in his Budget statement in April 1959. The increases amounted to 6 per cent. for personnel discharged before 1st September 1949 and for certain widows and children, while a 4 per cent. increase is payable to personnel discharged between 1st September 1949 and 1st November 1952. These increases were approved by Dáil Éireann in an estimate introduced by the Minister for Finance on 22nd July 1959, and they are being paid since August 1959; they cost approximately £10,000 a year.
Eight other articles—Nos. 6, 8, 10, 12, 14, 16, 18, and 20—are related to the increases to be made on 1st August 1960, in retired pay and pensions in accordance with the increases for State pensioners generally mentioned in the budget statement of the Minister for Finance on 27th April 1960. In this case an increase of 7½ per cent. will be granted in the pensions payable to personnel discharged before 1st September 1949 and to certain widows and children, while a 5 per cent. increase will be paid on the pensions of personnel discharged between 1st September 1949 and 1st November 1955. These increases will cost £10,000 in this financial year and £17,000 in a full year.
Seven of the remaining 12 articles— Nos. 21, 22, 23, 24, 25, 28 and 29— provide for normal increases in retired pay, pensions and gratuities made necessary—following service pay increases—in order to preserve the relationship between remuneration and retirement benefits. Articles 21 and 23 are related to a service pay increase for certain married officers which was granted in March, 1956, and in respect of which appropriate retired pay and gratuity increases were not provided in the Amending Schemes of 1957 and 1959. Articles 22 and 24 provide for increased retirement benefits to officers arising from the service pay increases which were made effective from 1st April, 1958, and 15th December, 1959. For convenience of reference the provisions for retired pay and gratuity increases in the amending scheme of 1959 for certain of these officers are being re-enacted in this scheme so that all the increases from 1st April, 1958, and 15th December, 1959, are shown together. In the table to article 22 and in article 25 the increase provisions relating to the rank of lieutenant general are expressed to refer only to an officer who retired on 1st January, 1960. This is because there is no serving lieutenant general and because the service pay to which these retirement benefits are related was, therefore, applicable only to the officer who retired in that rank on 1st January, 1960 (the former Chief of Staff).
Articles 28 and 29 provide for the increases in pensions and gratuities for N.C.O.s and men appropriate to the service pay increases granted from 15th December, 1959, only; the April, 1958, increases for these ranks were provided in the amending scheme of 1959.
The remaining five articles—Nos. 19, 26, 27, 30 and 31—contain amendments to the principal scheme. Article 19 provides for a new grant of retired pay to be made—based on service since 1st October, 1923, only—in the case of an officer who received a military service pension, in respect of a period before 1st October, 1923. The necessity for this amendment arises because certain officers who were not eligible for military service pensions when they retired from the defence forces received retired pay based on service before October 1923, and having later succeeded, on appeal, in their military service pension claims were awarded military service pensions in respect of periods already covered by the retired pay awards. This article enables these retired pay awards to be replaced by new awards which will exclude the overlapping service periods; it also applies the 1959 budget increases to these new awards.
Article 26 (1) serves to clarify the intention that the provision in the principal scheme for a 20 per cent. increase in retired pay for officers of the army medical corps is applicable only to medical and dental officers in the corps and would not benefit an officer attached to the army medical corps for other duties. Paragraph (2) of the article provides, merely, that the definition of a "special service" officer for retired pay purposes will conform as closely as possible to the definition in the defence force regulation relating to service pay for such an officer.
Article 27 of the scheme is designed to remove the restriction on widows' pensions contained in the principal scheme which requires the reduction of such a pension by the amount of any remuneration earned by the widow from public moneys.
Article 30 enables an officer to count as pensionable any period of service in the Volunteer Reserve or in an officers' Training Corps which he was allowed to deduct from his age in order to qualify for appointment to be an officer of the Permanent Defence Force.
Finally article 31 supplements the provisions of the amending scheme of 1959 regarding adopted children so as to provide that, where an adopted child is in receipt of an allowance from public funds by reason of services rendered by his natural parents, a married pension which the adopted child attracts to his adopting father shall be reduced by the amount of such an allowance.
I hope that this résumé will have served to clarify the provision of the scheme and if there are any points of difficulty remaining I shall be glad to deal with them when I am concluding.
First of all, I should like to tell the Minister that I welcome the measure. I should like a clarification of the phrase in Section 8: "Further increases". Am I to assume that the further increases here mean increases in addition to the increases of last year? I am presuming that Section 8 refers to other ranks. Remember, last year I chimed in here and we were both on the wrong Bill, but I believe I am on the right one now. If the further increases refer to the increases given last year and the present increases given this year, it is understandable.
That is it.
I should like to welcome it on that score because the rest of the measure is all quite laudable and most acceptable. The increases of 6½ or 7½ per cent. to other ranks are acceptable also but I cannot say most acceptable, because I feel that some system of flat rate approach to this would be better and more satisfying to all concerned. For instance, when you have an increase of 6½ or 7½ per cent. to a private soldier with £1 a week, that ?d. is a good distance from the 35/- or £2 a week the higher grades will get.
At the back of any rise in pensions, gratuities or retirement pay is an attempt to adjust the income of the recipient to the existing cost of living or the cost of living as it gradually increases and as last year this slight rise was given and this year it is happily being done again, I should like the Minister if he is considerng something for next year, to consider deeply that ?d. to the private soldier is not sufficient. I know that the Minister is tied to certain systems of making these advances but I believe that the amount which is secured by the higher grade officer is not of such importance to him as an extra 4/- or 5/- would be to a private soldier or an ex-non-commissioned officer.
I should like to thank the Minister. This was something we were agitating for and I did not think we would get it. It is not of course enough; we would like to get more. However, I am satisfied that it is a move in the right direction. Next year, having regard to the fact that the Minister did it last year and this year, I believe the Minister will approach the matter a little differently, even if he were to give 10 per cent. or 12 per cent. to a private soldier, but bringing it down to three per cent. or four per cent. where it is not vital a rise be given at all.
I did not peruse the scheme to any great extent until I came to the part which really affects the ex-soldier. I stopped at that point. I am satisfied that the Minister has made a step in the right direction. I thank the Minister and I hope he will take heed of what I suggest—to raise the percentage for the small groups because the higher groups are not in such need.
The Minister said he hoped he made the matter clear. He surely made his statement clearly but he did not make it very clear to me. I do not pretend to understand the complications in this but it struck me that if we keep going along these lines we may reach the stage when we shall need a Ministry of Pensions but it is not to make that point that I got up.
I wonder if all categories are covered? I am tempted to mention a particular case which I tried unsuccessfully to deal with. It was the case of a Leitrim man who served in what I would call the Free State Army in 1922. The poor man was killed in action in Dublin. A couple of years ago, as far as I recollect, a dependent relative applied for some pension and was informed by the Department of Defence that he was a week too late.
The Senator is going outside the scope of this scheme.
This deals only with Defence Forces pensions.
This is a Defence Force.
No, it is not.
I made the same mistake a few minutes ago.
If I made a mistake, it was not intended. I could not even try to understand the matter. One would need to be a Minister or an ex-Cathaoirleach to understand these matters fully.
The Senator may not pursue the matter.
If this law does not cover such a person as I have in mind, I hope it will.
I want to thank Senators for treating this measure in the spirit in which it was brought in. I can understand Senator Carton's concern for the pensioners whose pensions are at a smaller rate but the position is that State pensioners generally have always been treated in the same way. The same percentage increase is given to all. I hope that it will eventually be possible to do something more than that in respect of the people to whom Senator Carton refers but I cannot give any undertaking in that respect.
I do promise to try to see that, when there is any increase of this nature going, it will be available to the Army pensioner as well as everyone else. I think that is all that was raised on this. I thank the Seanad for giving it such an expeditious passage. Go raibh maith agaibh.
I should like to thank the Minister for his last remark, that he may give it consideration.
