Widows’ and Children’s (Miscellaneous Offices) Ex Gratia Pension Scheme, 1978

• Jurisdiction: Ireland
• Year: 1978
• Citation: IR SI 4/1978

S.I. No. 4 of 1978.
WIDOWS' AND CHILDREN'S (MISCELLANEOUS OFFICES) EX GRATIA PENSION SCHEME, 1978.
I, SEOIRSE Ó COLLA, Minister for 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), hereby make the following scheme:
	1 Short title.	1. This Scheme may be cited as the Widows' and Children's (Miscellaneous Offices) Ex Gratia Pension Scheme, 1978.
	2 Commencement.	2. This Scheme shall be deemed to have come into force on the 1st day of October, 1969.
	3 Interpretation.	3. (1) In this Scheme—
"adoption order" means an adoption order made under the Adoption Act, 1952 (No. 25 of 1952);
"child", subject to paragraph (2) (b) of this Article, means a legitimate or lawfully adopted person who is,
( a ) a person under sixteen years of age, or
( b ) a person under the age of twenty-one years of age and is receiving full-time instruction at any university, college, school or other educational establishment, or
( c ) a person under the age of twenty-one years of age and is undergoing full-time instruction or training by any person (in this Scheme referred to as "the employer") for any vocation, profession or trade, being instruction or training approved of by the Minister for the purposes of this Scheme, or
( d ) a person who is permanently incapacitated by reason of mental or physical infirmity from maintaining himself and who when his permanent incapacity first occurred was a person described in any of the foregoing paragraphs of this definition, provided that in case the person reaches the age of twenty-one years prior to the 1st day of June, 1973, this definition shall not apply to him during the period beginning on the day on which he reaches that age and ending on the 31st day of May, 1973;
"children's pension" has the meaning assigned to it by Article 5;
"death gratuity" means a gratuity payable on death by virtue of the superannuation and pensions terms applicable to the officer in respect of his office;
"the deceased" has the meaning assigned to it by Article 5;
"deceased's pension", subject to paragraph (4) of this Article, means,
( a ) in case he either transferred to approved employment in accordance with section 4 of the Superannuation Act, 1914, or retired on pension other than on a medical certificate, the amount of such pension,
( b ) in case, having given at least five and not more than ten years' reckonable service, he retired on a medical certificate,
(i) in respect of the period ending on the 31st day of May, 1973, an amount equivalent to one-eightieth of his pensionable remuneration for each completed year of reckonable service, and
(ii) in respect of the period subsequent to the said 31st day of May, the pension which would have been awarded to him if, on the date of retirement, he had the reckonable service which he would have had if he had served to retiring age,
( c ) in case he dies while serving as an officer having given at least five years' reckonable service, the pension which would have been granted to him if, on the date of death, he retired on a medical certificate and then had the reckonable service he would have had if he had served to retiring age,
( d ) in case he retired on a medical certificate and was awarded a pension, with effect from the 1st day of June, 1973, the pension which would be granted to him if he then had the reckonable service he would have had if he had served to retiring age;
"employer" has the meaning assigned to it by this Article;
"lump sum" means:
( a ) in relation to an officer whose pension, short service gratuity or death gratuity in respect of his office is paid under the Superannuation Acts, an additional allowance granted under those Acts, or any of those Acts, and includes an allowance, other than an annual allowance, under section 6 of the Superannuation Act, 1909;
( b ) in relation to an officer whose pension or death gratuity is not paid under the Superannuation Acts, a payment (other than an annual payment) on retirement by virtue of the superannuation terms applicable to the officer in respect of his office, including a lump-sum payable by virtue of section 28 (4) of the Finance (Miscellaneous Provisions) Act, 1968 (No. 7 of 1968), or a lump-sum on retirement payable under a scheme made by the Minister under section 2 of the Superannuation and Pensions Act, 1976 (No. 22 of 1976);
"medical certificate" means, in relation to the retirement of any officer, a medical certificate having regard to which the Minister is satisfied that the officer to whom the certificate relates is incapable from infirmity of mind or body of discharging the duties of his office and that that infirmity is likely to be permanent;
"the Minister", subject to paragraph (5) of this Article, means the Minister for the Public Service;
"officer" means a male person who—
( a ) is an Appeal Commissioner for the purposes of the Income Tax Acts to whom section 28 of the Finance (Miscellaneous Provisions) Act, 1968 , applies,
( b ) is a member of the staff of the Houses of the Oireachtas within the meaning of section 2 of the staff of the Houses of the Oireachtas Act, 1959 (No. 38 of 1959),
( c ) holds the office of Comptroller and Auditor General who at any time before being appointed to that office was an established civil servant and who makes an election under section 2 of the Comptroller and Auditor General (Amendment) Act, 1944 (No. 19 of 1944),
( d ) is a Commissioner of the Irish Land Commission appointed pursuant to section 4 of the Land Law (Commission) Act, 1923 (No. 27 of 1923),
( e ) is an officer or servant appointed pursuant to section 13 of the National Gallery of Ireland Act, 1854,
( f ) is a person appointed pursuant to section 2 (1) of the Property Values (Arbitrations and Appeals) Act, 1960 (No. 45 of 1960), to be a property arbitrator;
"pension" means:
( a ) in relation to an officer whose pension, short-service gratuity or death gratuity in respect of his office is paid under the Superannuation Acts, an annual allowance granted under those Acts, or any of those Acts, other than an annual allowance under the Superannuation Act, 1877 (Section 1) Warrant, 1946 (S.R., and O. No. 236 of 1946), and includes an allowance under the Superannuation Act, 1887 (Section 1) and an annual allowance under section 6 of the Superannuation Act, 1909;
( b ) in relation to an officer whose pension or death gratuity in respect of his office is paid otherwise than under the Superannuation Acts, an annual payment payable on retirement by virtue of the superannuation terms applicable to the officer in respect of his office, including a pension payable by virtue of section 28 (3) of the Finance (Miscellaneous Provisions) Act, 1968 , or a pension on retirement payable under a scheme made by the Minister under section 2 of the Superannuation and Pensions Act, 1976 ;
"pensionable emoluments" means the annual amount of any emoluments (in addition to pensionable pay) reckonable in calculating a pension, lump sum, death gratuity or short service gratuity of an officer to whom this Scheme applies;
"pensionable pay" means the annual amount which, together with any pensionable emoluments, is reckonable in calculating a pension, lump sum, death gratuity or short service gratuity of an officer to whom this Scheme applies;
"pensionable remuneration" means the aggregate of pensionable emoluments and pensionable pay;
"reckonable service" means service as computed in accordance with the enactments relating to the computation of service for the purpose of determining the amount of a pension or lump sum;
"retiring age" means seventy years of age in the case of an officer holding the office of Comptroller and Auditor General, sixty-seven years of age in the case of an officer who is a Commissioner of the Irish Land Commission appointed pursuant to section 4 of the Land Law (Commission) Act, 1923 , and sixty-five...