3 1960

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Number 3 of 1960.


MILITARY SERVICE PENSIONS (AMENDMENT) ACT, 1960.


ARRANGEMENT OF SECTIONS

Section

1.

Increase of pensions.

2.

Power to correct error in report of Referee.

3.

Short title and collective citation.


Acts Referred to

Military Service Pensions Act, 1934

1934, No. 43.

Military Service Pensions (Amendment) Act, 1949

1949, No. 29.

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Number 3 of 1960.


MILITARY SERVICE PENSIONS (AMENDMENT) ACT, 1960.


AN ACT TO AMEND THE MILITARY SERVICE PENSIONS ACTS, 1924 TO 1953. [9th March, 1960.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Increase of pensions.

1. —(1) A pension under the Military Service Pensions Acts, 1924 to 1953, shall be increased by six per cent.

(2) An increase under this section shall have effect from (and inclusive of) the day of the commencement of the pension or the 1st day of August, 1959, whichever is the later.

(3) In applying subsection (1) of this section where the pension is granted on or after the 1st day of August, 1959, the amount of the pension shall first be determined without regard to this section and that amount shall then be increased.

Power to correct error in report of Referee.

2. —(1) This section applies to the following applications under section 7 of the Military Service Pensions Act, 1934 , for the grant of service certificates:

(a) the application which was re-investigated by the Referee under a petition under section 11 of the Military Service Pensions (Amendment) Act, 1949 (being a petition received by the Minister on the 18th day of November, 1950, and sent by him to the Referee on the 1st day of December, 1950) and on which the Referee made a report to the Minister on the 30th day of September, 1958, and

(b) the application which was sent to the Minister on the 7th day of September, 1953, and referred by him to the Referee on the 10th day of November, 1953, and on which the Referee made a report to the Minister on the 24th day of September, 1958.

(2) The Minister may nominate a judge of the Circuit Court or a practising barrister of at least ten years' standing to examine the records of the investigation by the Referee of an application to which this section applies and, upon such examination, the judge or barrister, if satisfied that the Referee made an error in setting out his findings in his report on the application, may, with the concurrence of two of the members of the Advisory Committee who assisted the Referee in the investigation, correct the error and the report as so corrected shall be regarded as the report of the Referee on the application.

(3) This section shall be construed as one with the Military Service Pensions Act, 1934 .

Short title and collective citation.

3. —(1) This Act may be cited as the Military Service Pensions (Amendment) Act, 1960.

(2) The Military Service Pensions Acts, 1924 to 1953, and this Act may be cited together as the Military Service Pensions Acts, 1924 to 1960.