Civil Service Widows’ and Children’s Ex Gratia Pension (Amendment) Scheme, 1979

• Jurisdiction: Ireland
• Citation: IR SI 175/1979
• Year: 1979

S.I. No. 175 of 1979.

CIVIL SERVICE WIDOWS' AND CHILDREN'S EX GRATIA PENSION (AMENDMENT) SCHEME, 1979.

I, RAY MacSHARRY, Minister of State at the Department of the Public Service, in exercise of the powers conferred on me by section 2 of the Superannuation and Pensions Act, 1976 (No. 22 of 1976), and the Public Service (Delegation of Ministerial Functions) Order, 1978 ( S.I. No. 117 of 1978 ), hereby make the following scheme: 1. (1) This Scheme may be cited as the Civil Service Widows' and Children's Ex Gratia Pension (Amendment) Scheme, 1979.

(2) The Civil Service Widows' and Children's Ex Gratia Pension Scheme, 1977 ( S.I. No. 133 of 1977 ), and this Scheme may be cited together as the Civil Service Widows' and Children's Ex Gratia Pension Schemes, 1977 and 1979. 2. This Scheme shall be deemed to have come into force on the 1st day of January, 1979. 3. The Civil Service Widows' and Children's Ex Gratia Pension Scheme, 1977, is hereby amended by—

( a ) the substitution of "child or step-child of the deceased or a person lawfully adopted by the deceased" for "or lawfully adopted person" in the definition of "child" in Article 3 (1);

( b ) the substitution of the following subparagraphs for subparagraph (b) of Article 6 (4):

"( b ) During the period beginning on the 1st day of July, 1977, and ending on the 30th day of June, 1979, the rate of a widow's pension may not exceed one-third of the rate of the deceased's pension.

( c ) On and from the 1st day of July, 1979, the rate of a widow's pension may not exceed five-twelfths of the deceased's pension.";

( c ) the addition of the following sub-paragraph to Article 7 (1):

"(d) because he is the step-child of the deceased, if the deceased's marriage to the child's mother took place after the deceased's last day of reckonable service.";

( d ) the substitution of the following paragraph for paragraph (2) of Article 7:

"(2) A child shall not be eligible for a children's pension in respect of more than one member. Where a child would, apart from this paragraph, be eligible for a children's pension in respect of two or more members, the child shall be treated under this Scheme in the way which, in the opinion of the Minister, will give the most favourable overall result for the child.";

( e ) the substitution of "During the period beginning on the 1st day of July, 1977, and ending on the 30th day of June, 1979" for "As on and from the 1st day of July, 1977" in paragraph (b) of...