34 1945

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Number 34 of 1945.


MILITARY SERVICE PENSIONS (AMENDMENT) (No. 2) ACT, 1945.


ARRANGEMENT OF SECTIONS

Section

1.

Definitions.

2.

Amendment of section 8 of the Act of 1924.

3.

Amendment of section 2 of the Act of 1934.

4.

Amendment of section 20 of the Act of 1934.

5.

Short title and collective citation.


Acts Referred to

Military Service Pensions Act, 1924

No. 48 of 1924

Military Service Pensions Act, 1934

No. 43 of 1934

Military Service Pensions (Amendment) Act, 1944

No. 5 of 1944

Police Forces Amalgamation Act, 1925

No. 7 of 1925

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Number 34 of 1945.


MILITARY SERVICE PENSIONS (AMENDMENT) (No. 2) ACT, 1945.


AN ACT TO AMEND THE MILITARY SERVICE PENSIONS ACTS, 1924 TO 1945. [20th November, 1945.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Definitions.

1. —In this Act—

the expression “the Act of 1924” means the Military Service Pensions Act, 1924 (No. 48 of 1924);

the expression “the Act of 1934” means the Military Service Pensions Act, 1934 (No. 43 of 1934);

the expression “the Amending Act of 1944” means the Military Service Pensions (Amendment) Act, 1944 (No. 5 of 1944).

Amendment of section 8 of the Act of 1924.

2. —(1) Subsection (1) of section 8 of the Act of 1924, as amended by section 2 of the Amending Act of 1944, shall have effect as if, for the Third Schedule to the Act of 1924, there were substituted the following:—

“THIRD SCHEDULE.

Calculation of Suspension of Pensions.

1. The extent to which payment of a pension shall be suspended under section 8 of this Act shall be as follows, that is to say:—

Where the annual amount of the remuneration, pension, or allowance payable out of public moneys—

A

Does not exceed £250

Nil

B

Exceeds     £250    but     does   not  exceed

    £300

10%

C

       ”             £300       ”           ”         ”           ”

    £350

15%

D

       ”             £350       ”           ”         ”           ”

    £400

20%

E

       ”             £400       ”           ”         ”           ”

    £450

25%

F

       ”             £450       ”           ”         ”           ”

    £500

30%

G

       ”             £500       ”           ”         ”           ”

    £550

40%

H

       ”             £550       ”           ”         ”           ”

    £600

50%

I

       ”             £600       ”           ”         ”           ”

    £700

60%

J

       ”             £700       ”           ”         ”           ”

    £800

70%

K

       ”             £800       ”           ”         ”           ”

    £900

80%

L

       ”             £900       ”           ”         ”           ”

£1,000

90%

M

       ”         £1,000

100%

2. Where the total of the amounts payable to any person out of public moneys as aforesaid and the amount payable to such person under this Act within the limits specified at B, C, D, E, F, G, H, I, J, K, L or M of paragraph 1 of this Schedule would under the terms of the said paragraph be less than the amount which such person would receive if the amount payable to him out of public moneys as aforesaid was at the maximum of the limit immediately preceding, then and in every such case the extent of the suspension of his military service pension shall be reduced so that the total of the amount aforesaid and of his pension shall not be less than that which he would receive if the amount aforesaid was at the maximum of the limit immediately preceding.”

(2) The references to remuneration or to an allowance in subsection (1) of section 8 of the Act of 1924, and in the Third Schedule to the Act of 1924, as amended by subsection (1) of this section, shall be construed as excluding references to—

(a) so much of remuneration or an allowance payable to any person as is shown to the satisfaction of the Minister for Defence by that person to have been necessarily expended by him in the performance of the duties in respect of which the remuneration or allowance is payable,

(b) any allowance payable to a member of the Gárda Síochána under an order made under section 12 of the Police Forces Amalgamation Act, 1925 (No. 7 of 1925).

(3) Subsections (1) and (2) of this section shall be deemed to have come into operation on, and shall have effect as on and from the 1st day of April, 1945.

Amendment of section 2 of the Act of 1934.

3. —(1) Paragraph (a) of subsection (2) of section 2 of the Act of 1934 is hereby amended by the insertion, after the word “deportation” of the words and figures “under the Aliens Restriction Act, 1914, or any order made thereunder or”.

(2) Subsection (1) of this section shall be deemed to have come into operation on, and shall have effect as on and from the 13th day of September, 1934.

Amendment of section 20 of the Act of 1934.

4. —(1) Subsection (1) of section 20 of the Act of 1934, as amended by section 3 of the Amending Act of 1944, shall have effect as if, for the Third Schedule to the Act of 1934, there were substituted the following:—

“THIRD SCHEDULE.

Calculation of Suspension of Pensions.

1. The extent to which payment of a pension under this Act shall be suspended under section 20 of this Act shall be as follows, that is to say:—

Where the annual amount of the remuneration, pension, or allowance payable out of public moneys—

A

Does not exceed £250

Nil

B

Exceeds     £250    but     does   not  exceed

    £300

10%

C

        ”            £300       ”           ”         ”           ”

    £350

15%

D

       ”             £350       ”           ”         ”           ”

    £400

20%

E

       ”             £400       ”           ”         ”           ”

    £450

25%

F

       ”             £450       ”           ”         ”           ”

    £500

30%

G

       ”             £500       ”           ”         ”           ”

    £550

40%

H

       ”             £550       ”           ”         ”           ”

    £600

50%

I

       ”             £600       ”           ”         ”           ”

    £700

60%

J

       ”             £700       ”           ”         ”           ”

    £800

70%

K

       ”             £800       ”           ”         ”           ”

    £900

80%

L

       ”             £900       ”           ”         ”           ”

£1,000

90%

M

       ”         £1,000

100%

2. Where the total of the amounts payable to any person out of public moneys as aforesaid and the amount payable to such person under this Act within the limits specified at B, C, D, E, F, G, H, I, J, K, L or M of paragraph 1 of this Schedule would under the terms of the said paragraph be less than the amount which such person would receive if the amount payable to him out of public moneys as aforesaid was at the maximum of the limit immediately preceding, then and in every such case the extent of the suspension of his military service pension shall be reduced so that the total of the amount aforesaid and of his pension shall not be less than that which he would receive if the amount aforesaid was at the maximum of the limit immediately preceding.”

(2) The references to remuneration or to an allowance in subsection (1) of section 20 of the Act of 1934 and in the Third Schedule to the Act of 1934, as amended by subsection (1) of this section, shall be construed as excluding references to—

(a) so much of remuneration or an allowance payable to any person as is shown to the satisfaction of the Minister for Defence by that person to have been necessarily expended by him in the performance of the duties in respect of which the remuneration or allowance is payable,

(b) any allowance payable to a member of the Gárda Síochána under an order made under section 12 of the Police Forces Amalgamation Act, 1925 (No. 7 of 1925).

(3) Subsections (1) and (2) of this section shall be deemed to have come into operation on, and shall have effect as on and from the 1st day of April, 1945.

Short title and collective citation.

5. —(1) This Act may may be cited as the Military Service Pensions (Amendment) (No. 2) Act, 1945.

(2) The expression “the Military Service Pensions Acts, 1924 to 1945” shall be construed as including this Act.