DEFENCE FORCES (PENSIONS) (AMENDMENT) ACT, 1938

AN ACT TO AMEND AND EXTEND THE DEFENCE FORCES (PENSIONS) ACT, 1932. [14th December, 1938.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Definitions.

1.—In this Act—

the expression “the Principal Act” means the Defence Forces (Pensions) Act, 1932 (No. 26 of 1932);

the expressions “the Forces” and “pension scheme” have the same meanings as those expressions respectively have in the Principal Act.

2 Extension of meaning of expression “officer of the Forces.”

2.—For the purposes of the Principal Act, the meaning of the expression “officer of the Forces” is hereby extended so as to include—

• (a) a person who was an officer of the Forces at any time during the period commencing on the 16th day of December, 1932, and ending on the 26th day of October, 1937, and who, during such period and while he was such officer, was appointed to be a member of the Gárda Síochána, and

• (b) a person who died between the 16th day of December, 1932, and the 26th day of October, 1937, and who was, at the date of his death, serving as an officer of the Forces, and

• (c) a person who died on the 12th day of January, 1935, and who resigned his commission as an officer of the Forces on the 11th day of January, 1935.

3 Commencement of pensions to widows and children of certain deceased officers.

3.—(1) Where—

• (a) a person who died between the 16th day of December, 1932, and the 26th day of October, 1937, was at the date of his death serving as an officer of the Forces, and

• (b) a pension is granted under a pension scheme to the widow or a child of such person,

such pension scheme may provide that such pension shall commence to be payable as on and from the day after the day on which such person died.

• (2) Where—

• (a) a person who died on the 12th day of January, 1935, resigned his commission as an officer of the Forces on the 11th day of January, 1935, and

• (b) a pension is granted under a pension scheme to the widow or a child of such person,

such pension scheme may provide that such pension shall commence to be payable as on and from the 13th day of January, 1935.

4 Retrospective amendment of pensions schemes.

4.—Where a pension scheme (in this section referred to as the previous scheme) is amended by a subsequent pension scheme, any amendment of the previous scheme may be expressed to be operative from such date (not earlier than the coming into force of the previous scheme) as may be specified in such subsequent pension scheme.

5 Grant of pensions.

5.—Where a pension or gratuity may be granted to any person under a pension scheme (whether such scheme has come into force before or after the passing of this Act) the Minister for Defence may, in his absolute discretion, either make (subject to the previous consent of the Minister for Finance) such grant or refuse to make such grant.

6 Short title.

6.—(1) This Act may be cited as the Defence Forces (Pensions) (Amendment) Act, 1938.

• (2) The Principal Act and this Act may be cited together as the Defence Forces (Pensions) Acts, 1932 and 1938.