SUPERANNUATION AND PENSIONS ACT, 1929

Type Act

Publication 1929-05-14

State In force

Text As published

Source Irish Statute Book

articles 4

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

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AN ACT TO EXTEND THE CLASS OF PERSONS TO WHOM PENSIONS, ALLOWANCES AND GRATUITIES MAY BE GRANTED UNDER SECTION 5 OF THE SUPERANNUATION AND PENSIONS ACT, 1923, AND TO AUTHORISE THE PAYMENT OF PENSIONS, ALLOWANCES AND GRATUITIES TO THE WIDOWS OF PERSONS WHO AT THEIR DEATHS WERE IN RECEIPT OF PENSIONS UNDER THE SAID SECTION 5 AND TO THE WIDOWS OF CERTAIN OTHER DECEASED FORMER MEMBERS OF THE ROYAL IRISH CONSTABULARY. [14th May, 1929.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1 Definitions.

1.—In this Act—

the expression “the Principal Act” means the Superannuation and Pensions Act, 1923 (No. 34 of 1923) and

the expression “the Minister” means the Minister for Finance.

2 Extension of section 5 of the Principal Act.

2.—(1) The power conferred by section 5 of the Principal Act on the Minister to authorise the grant of pensions, allowances, or gratuities to certain persons who were formerly members of the Royal Irish Constabulary is hereby extended so as to confer on the Minister power to authorise by order the grant of pensions or allowances commencing from the passing of this Act or of gratuities to any person who retired from the Royal Irish Constabulary on or after the 1st day of April, 1916, and before the 6th day of December, 1921 and who, though his retirement is not certified in accordance with that section, satisfies the Minister and the Minister for Justice that on such retirement he was granted under the enactments applicable to him a gratuity appropriate to his years of service in that force and that the Committee of Enquiry into Resignations and Dismissals from the Royal Irish Constabulary which reported to the Minister for Home Affairs on the 26th day of July, 1923 was of opinion that his retirement from the said force was caused by his national sympathies.

(2) Until an order is made by the Minister under the said section 5 of the Principal Act as amended by this section, the Royal Irish Constabulary (Resigned and Dismissed) Pensions Order, 1924, made by the Minister under the said section 5, shall, with the necessary modifications, extend and apply to every person to whom the Minister is authorised by the said section 5 as amended by this section to grant a pension, allowance or gratuity, and for that purpose the said Order shall be deemed to have been made under the said section 5 as amended by this section and the said Order shall as from the passing of this Act be in operation and have effect accordingly.

3 Pensions to widows of pensioners under section 5 of the Principal Act.

3.—(1) The Minister may by order authorise the grant of pensions, allowances, or gratuities to widows to whom this section applies and may by any such order regulate and appoint the rates and scales of such pensions, allowances, and gratuities, and the conditions under which the same are to be payable.

(2) No order made under this section shall come into operation unless and until it has been laid before each House of the Oireachtas, and approved by resolution of Dáil Eireann, and when considering any such resolution Dáil Eireann shall duly consider any recommendation which shall have been previously made by Seanad Eireann in respect of such Order.

(3) No person shall be entitled to receive any pension, allowance or gratuity under this section unless money for payment thereof shall have been voted by the Oireachtas.

(4) This section applies to a widow—

(a) whose deceased husband was at the date of his death in receipt of a pension granted by virtue of section 5 of the Principal Act or of that section as amended by this Act, and

(b) whose marriage to such deceased husband took place while he was serving in the Royal Irish Constabulary, and

(c) who is not eligible for a pension, gratuity or other allowance under the Superannuation Acts, 1834 to 1923, or the Army Pensions Acts, 1923 and 1927, or in respect of her deceased husband's service (if any) in the Gárda Síochána.

(5) This section also applies to a widow—

(a) whose deceased husband resigned or was dismissed from the Royal Irish Constabulary on or after the 1st day of April, 1916, and before the 6th day of December, 1921, and died before the passing of the Principal Act and is the subject of a certificate given (before or after the passing of this Act) under and in accordance with section 5 of the Principal Act and in the opinion of the Committee of Inquiry mentioned in section 2 of this Act resigned or was dismissed from the Royal Irish Constabulary because of his national sympathies, and

(b) whose marriage to such deceased husband took place while he was serving in the Royal Irish Constabulary, and

(c) who is not eligible for a pension, gratuity or other allowance under the Superannuation Acts, 1834 to 1923, or the Army Pensions Acts, 1923 and 1927, or in respect of her deceased husband's service (if any) in the Gárda Síochána.

(6) This section also applies to a widow—

(a) whose deceased husband died before the passing of this Act and would, if he had survived the passing of this Act, have been qualified for the grant of a pension under section 2 of this Act, and

(b) whose marriage to such deceased husband took place while he was serving in the Royal Irish Constabulary, and

(c) who is not eligible for a pension, gratuity or other allowance under the Superannuation Acts, 1834 to 1923, or the Army Pensions Acts, 1923 and 1927, or in respect of her deceased husband's service (if any) in the Gárda Síochána.

(7)
(a) A pension or allowance granted to a widow to whom this section is applied by sub-section (4) of this section may commence from the end of the last period in respect of which her deceased husband's pension was paid.

(b) A pension or allowance granted to a widow to whom this section is applied by sub-section (5) of this section may commence from the passing of the Principal Act.

(c) A pension or allowance granted to a widow to whom this section is applied by sub-section (6) of this section may commence from the passing of this Act.

4 Short title.

4.—This Act may be cited as the Superannuation and Pensions Act, 1929 and the Principal Act and this Act may be cited together as the Superannuation and Pensions Acts, 1923 and 1929.

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