Vol. 74 No. 4
I move:
That the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1972, 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 12th day of December, 1972 be confirmed.
This is a scheme made pursuant to the Defence Forces (Pensions) Acts, 1932 to 1968. These Acts provide that before a scheme such as this comes into operation it must be confirmed by resolution of each House of the Oireachtas. Its purpose is to improve still further the retirement benefits payable under the Defence Forces (Pensions) Schemes, which have already been considerably improved by the Defence Forces (Pensions) (Amendment) (No. 3) Scheme, 1970, and to amend the schemes in other respects.
Articles 5 and 6 provide that where an office or soldier dies in service with five or more years' service a gratuity of one year's pay, including additional pay if any, will be payable. This follows a precedent which applies throughout the public service generally and will result in a big improvement in the death benefit payable under the existing schemes. The qualifying period for death in service for the grant of a pension to the widow of an officer is also being reduced from 12 to five years. This provision appears in Article 7.
Article 8 deals with the case of certain long-service soldiers of the Survey Corps of Engineers who were transferred to the reserve in 1940 to take up civilian posts in the Ordnance Survey. These soldiers could not qualify for Army pensions as their service fell short of 21 years. Provision was later made for the grant of modified pensions to them which would become payable when they retired from the civilian posts. The soldiers concerned were recalled to the Army during the Emergency and this service may be counted for civilian pension. Article 8 allows any portion of this period not reckonable for civil pension to count towards Army pension.
The purpose of Article 9 is to cover the case of certain officers who are not covered by Article 5 of the 1970 Scheme which provides for increases in the retired pay of senior officers who retire while holding posts of responsibility. The officers who are not covered did not hold the posts when they retired but held them previously for the requisite period. They will now be eligible for the increased retired pay.
Article 10 provides that the additional pay payable to professional officers will now be reckonable in the calculation of the improved pay-related gratuities provided by the 1970 Scheme for married officers who retire on age grounds or who retire voluntarily within five years of reaching the age limit for retirement.
Article 11 covers the case of soldier pensioners who fail to qualify for contributory old age pensions under the Social Welfare Acts on reaching the age of 70. It provides that the increased pension increment for service between 21 and 31 years which was introduced by the 1970 Scheme will continue to be payable if the failure to qualify for the contributory old age pension is not due to the pensioner's own fault or neglect.
Article 12 is a provision similar to Article 10. It provides that the additional pay payable to soldiers of the technician class, which is not at present reckonable, will now be reckonable in the calculation of the gratuities payable to long-service married soldiers discharged on pension which were introduced by the 1970 Scheme.
Article 13 is merely a drafting amendment designed to rectify an inadvertent omission in Article 11 of the 1970 Scheme.
I do not think anyone will oppose this motion, especially at a time when the need is to attract recruits to Army life and, in particular, recruits who are prepared to make the Army their vocation in life. In such circumstances any measure brought in by the Government to improve the pension position of Army personnel should be supported by all parties.
The Minister sets out very clearly the effect of the amending scheme of 1972. He says that the purpose is to improve the retirement benefit payable under the 1970 Scheme. I should like to ask him a few questions in relation to his remarks regarding Articles 5 and 6. The Minister points out that these articles provide that, where an officer or a soldier dies in service with five or more years of service, the gratuity to be payable will be one year's pay. He then adds "...including additional pay if any..." I should like to be clear as to what is in mind there. Is the Minister referring to, for example, service overseas where additional pay operates over and above that to which the soldier or officer would be normally entitled if he were serving in Ireland? Is that the kind of additional pay the Minister is referring to in relation to Article 5 and 6? I am not objecting to it. I simply want to be clear in my own mind with regard to the position.
The Minister also mentions that the qualifying period for death in service for a grant of pension to the widow of an officer is being reduced from 12 to five years. That should also command unanimous support here.
I should also like to query the position under Article 8, purely to clarify my own mind. As the Minister points out, this deals with the case of long service soldiers in the Survey Company, Corps of Engineers, who were transferred to do civilian work in the Ordnance Survey as far back as 1940 when they were transferred to the Reserve. The Minister says that these people could not qualify for Army pensions because they would not have the required 21 years service. He points out as follows:
Provision was later made for the grant of modified pensions to them which would become payable when they retired from the civilian posts. The soldiers concerned were recalled to the Army during the Emergency and this service may be counted for civilian pension.
The Minister then says:
Article 8 allows any portion of this period not reckonable for civil pension to count towards Army pension.
I do not dispute that that is the position, but I should like to ask if there are any men who could benefit from that provision. Are there any who could bring their actual Army service up to 21 years by virtue of the provisions in Article 8?
I wish to raise only one other query with the Minister. That is in relation to his remarks regarding Article 11, which refers to the case of soldier pensioners who fail to qualify for contributory old age pensions under the Social Welfare Acts. In the course of his introductory remarks, the Minister said:
It provides that the increased pension increment for service between 21 and 31 years which was introduced by the 1970 Scheme will continue to be payable if the failure to qualify for the contributory old age pension is not due to the pensioner's own fault or neglect.
In what circumstances could the failure to qualify for the contributory old age pension be due to the pensioner's own fault or neglect? I presume there are a number of ways in which it could be done but I should like to get some examples from the Minister. As I said, I welcome the provision.
Like Senator O'Higgins I, too, welcome the provisions in this scheme. There are some notable ones and the Minister must be complimented for introducing them. Senator O'Higgins has raised all the questions to which I should like an answer so I will not delay the Minister further.
I am obliged to Senators for their observations. This should be a very welcome scheme by virtue of its generous character.
Senator O'Higgins referred to Articles 5 and 6 relating to additional pay. This refers to professional pay such as is paid to technical officers, engineers, medical officers and so on. It also includes technicians' pay but it does not include allowances which are paid for overseas service. I want to emphasise that point. This explains the query in relation to Articles 5 and 6.
Senator O'Higgins, in relation to Article 8, inquired as to the number of personnel who would be concerned under this head. The number is eight. They are compensated, one way or the other, by virtue of their renewed service in the Forces.
An inquiry was also made as to the circumstances in which a soldier pensioner would not qualify for a contributory old age pension. There are a few ways in which this could happen but I would not like to go into the details. If he were debarred from a contributory old age pension through no fault of his own, then he would benefit under the scheme. I am sorry I cannot be more specific than that.
These were the only points raised. I am obliged to the Senators for their observations. It is good news for the Defence Forces. It will have the effect of giving an even greater impetus to the recruitment campaign we are at present conducting. As the House will appreciate, we have adopted measures which should induce young men to become members of the Defence Forces. I will not go beyond the terms of reference in this debate, but as Senator O'Higgins referred to recruitment and the importance of providing attractive terms for young men in joining the Army, I think we are doing our part.
