DEFENCE FORCES (PENSIONS) ACT, 1932

AN ACT TO MAKE PROVISION FOR THE FORMULATING AND CARRYING OUT OF SCHEMES FOR THE PROVISION OF RETIRED PAY, PENSIONS OR GRATUITIES FOR OR IN RESPECT OF MEMBERS OF THE ARMED FORCES OF SAORSTÁT EIREANN, CERTAIN FORMER MEMBERS OF THE SAID FORCES NOW SERVING IN THE CIVIL SERVICE OF SAORSTÁT EIREANN OR THE GÁRDA SÍOCHÁNA, AND MEMBERS OF THE ARMY NURSING SERVICE. [16th December, 1932.]

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

1 Definitions.

1.—In this Act—

the expression “the Forces” means the forces established under Part I of the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923) ;

the expression “the National Army” means the following forces, that is to say :—

• (a) the armed forces under the control of the Minister for Defence during the period commencing on the 1st day of February, 1922, and ending on the 31st day of March, 1922, and

• (b) the armed forces maintained by the Provisional Government, and

• (c) the armed forces maintained by the Government of Saorstát Eireann up to and including the 30th day of September, 1924, and

• (d) the Forces,

but does not include the Army Nursing Service ;

the expression “military service” means military service in the National Army, but does not include service in the Reserve established under Part III of the Defence Forces (Temporary Provisions) Act, 1923 ;

the expression “the Civil Service” means the Civil Service of Saorstát Eireann ;

the expression “officer of the Forces” includes a person who was formerly an officer of the National Army and while he was such officer or within four months after ceasing to be such officer was appointed to a pensionable post in the Civil Service or to be a member of the Gárda Síochána and at the passing of this Act holds the same or another pensionable post in the Civil Service or is a member of the Gárda Síochána ;

the expression “nursing service” means service as a member of the Army Nursing Service, and includes service as a nurse with the National Army.

2 Preparation and carrying out of pension schemes.

2.—(1) The Minister for Defence may, with the consent of the Minister for Finance, prepare a scheme (in this Act referred to as a pension scheme) with the object of providing—

• (a) retired pay, pensions and gratuities for or in respect of officers of the Forces to whom such scheme applies; and

• (b) pensions and gratuities for or in respect of non-commissioned officers and men of the Forces to whom such scheme applies; and

• (c) pensions and gratuities for members of the Army Nursing Service to whom such scheme applies ;

and (subject to confirmation thereof under this Act) carry such scheme into execution.

• (2) Different pension schemes may be prepared and, subject as aforesaid, be carried into execution by the Minister for Defence in relation to officers of the Forces, non-commissioned officers and men of the Forces, and members of the Army Nursing Service.

• (3) The amount of any retired pay, pension or gratuity provided under a pension scheme shall be calculated by reference, in addition to such other matters as may be prescribed by such pension scheme, in the case of an officer, non-commissioned officer or man of the Forces to the military service of such officer, non-commissioned officer or man or, in the case of a member of the Nursing Service, to the nursing service of such member.

3 Contents of pension scheme.

3.—A pension scheme may provide for—

• (a) the payment out of moneys provided by the Oireachtas to or in respect of the persons to whom such scheme applies of retired pay, pensions and gratuities at such rates in such manner and at such time and subject to such conditions and restrictions (including restrictions on alienation) as may be prescribed by such scheme ;

• (b) in the case of officers of the Forces serving at the passing of this Act who immediately before joining the National Army were serving in a pensionable post in the Civil Service and had so served for a period of not less than twenty-five years, the reckoning, subject to such conditions as may be specified in such scheme, of all service in such pensionable post of some or all such officers as military service for the purposes of this Act and such scheme ;

• (c) penalties for fraudulent conduct in relation to an application for any retired pay, pension or gratuity.

4 Confirmation of pension scheme by both Houses of the Oireachtas.

4.—No pension scheme shall come into force unless and until it has been laid before each House of the Oireachtas and has been confirmed by resolution of each such House.

5 Amendment and revocation of pension scheme.

5.—A pension scheme may be amended or revoked by a subsequent pension scheme made and confirmed in the like manner as the original scheme.

6 Expenses.

6.—All expenses incurred in carrying this Act into execution shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

7 Short title.

7.—This Act may be cited as the Defence Forces (Pensions) Act, 1932.