UNEMPLOYMENT INSURANCE ACT, 1945

AN ACT TO AMEND THE UNEMPLOYMENT INSURANCE ACTS, 1920 TO 1943, FOR THE PURPOSE OF QUALIFYING CERTAIN MEMBERS OF THE DEFENCE FORCES ON THEIR RETURN TO CIVIL LIFE TO RECEIVE UNEMPLOYMENT BENEFIT OR OUT-OF-WORK BENEFIT. [24th July, 1945.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Interpretation.

1.—(1) In this Act—

the expression “the Acts” means the Unemployment Insurance Acts, 1920 to 1943;

the expression “the Act of 1923” means the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923);

the expression “the Defence Forces” means the Forces and the Reserve;

the word “discharge” means discharge, transfer or re-transfer to the Reserve, release from permanent service, dismissal, relinquishment of commission, retirement, and resignation, but does not include—

• (a) the resignation of a commission for the purpose of appointment as a cadet or officer of the Forces, or

• (b) discharge for the purpose of appointment to commissioned rank or temporary commissioned rank, or

• (c) termination of service by death, or

• (d) transfer or re-transfer to the Reserve not involving interruption of service,

and the word “discharged” shall be construed accordingly;

the expression “the emergency period” means the period which commenced on the 3rd day of September, 1939, and will end on the date on which the Defence Forces (Temporary Provisions) (No. 2) Act, 1940 (State of Emergency) Order, 1940 (S. R. & O., No. 163 of 1940), is revoked;

the expression “the Forces” means the forces established under Part I of the Act of 1923;

the expression “the Joint Insurance Fund” means the fund established under the Scheme;

the expression “member of the Defence Forces” means any officer or soldier of the Defence Forces, other than—

• (a) an officer holding a permanent commission in the Forces, or

• (b) an officer holding a short service commission in the Air Corps, or

• (c) an officer or soldier who is discharged before he has completed three months' service (including any service rendered immediately before the 3rd day of September, 1939), or

• (d) a member of the Construction Corps;

the expression “the operative date” means the date of the passing of this Act;

the expression “the Reserve” means the reserve force established under Part III of the Act of 1923;

the expression “the Scheme” means The Insurance Industry Unemployment Insurance Scheme established under the Acts;

the word “service” means, in relation to a member of the Defence Forces, full-time service in the Defence Forces in respect of which pay was issuable but does not include—

• (a) in case he is an officer of the Reserve of Officers, service subsequent to his being called out on full-time service after the expiration of the emergency period, or

• (b) any period of annual training, or

• (c) any service rendered by him before he attained the age of sixteen years.

• (2) For the purposes of this Act, the number of weeks during which a member of the Defence Forces rendered service as such member after the 2nd day of September, 1939, shall be taken to be the result obtained by dividing the number of days during which he rendered service as such member after the said date by the number seven, any fraction over being treated as one week.

• (3) This Act shall be construed as one with the Acts.

2 Provisions enabling certain discharged members of the Defence Forces to qualify for unemployment benefit.

2.—(1) Every discharged member of the Defence Forces to whom this section applies shall, for the purposes of the provisions of the Acts relating to the rights of an insured contributor with respect to unemployment benefit but for no other purpose—

• (a) in case he was discharged before, and was not rendering service on, the operative date, be treated as though he were an insured contributor in respect of whom a number of contributions equal to the number of weeks during which he rendered service as such member after the 2nd day of September, 1939, had been paid on the operative date,

• (b) in case he is discharged on or after the operative date, be treated as though he were on the date of such discharge an insured contributor in respect of whom a number of contributions equal to the number of weeks during which he rendered service as such member after the 2nd day of September, 1939 (excluding any such week which was previously taken into account under paragraph (a) of this subsection or this paragraph) had been paid on the date of such discharge.

• (2) There shall be paid into the Unemployment Fund out of moneys provided by the Oireachtas, by way of employers' and employed persons' contributions, such sums as will, in the opinion of the Minister for Finance, be sufficient to enable discharged members of the Defence Forces to whom this section applies to be treated in the manner provided by subsection (1) of this section.

• (3) The sums to be paid under subsection (2) of this section into the Unemployment Fund shall be calculated in such manner as the Minister for Finance may direct and shall be paid in such manner and at such dates as may be agreed upon by the Minister for Finance and the Minister for Industry and Commerce.

• (4) This section applies to every member of the Defence Forces (other than a member of the Defence Forces to whom section 3 of this Act applies) who is discharged at any time after the 2nd day of September, 1939.

3 Provisions enabling certain discharged members of the Defence Forces to qualify for out-of-work benefit under the Scheme.

3.—(1) Every discharged member of the Defence Forces to whom this section applies shall, for the purposes of the provisions of the Scheme relating to the rights of a person with respect to out-of-work benefit under the Scheme but for no other purpose—

• (a) in case he was discharged before, and was not rendering service on, the operative date, be treated as though he were a person in respect of whom a number of contributions equal to the number of weeks during which he rendered service as such member after the 2nd day of September, 1939, had been paid on the operative date into the Joint Insurance Fund,

• (b) in case he is discharged on or after the operative date, be treated as though he were on the date of such discharge a person in respect of whom a number of contributions equal to the number of weeks during which he rendered service as such member after the 2nd day of September, 1939 (excluding any such week which was previously taken into account under paragraph (a) of this subsection or this paragraph) had been paid on the date of such discharge into the Joint Insurance Fund.

• (2) There shall be paid into the Joint Insurance Fund out of moneys provided by the Oireachtas, by way of contributions, such sums as will, in the opinion of the Minister for Finance, be sufficient to enable discharged members of the Defence Forces to whom this section applies to be treated in the manner provided by subsection (1) of this section, subject however to the limitation that the aggregate of the said sums shall not exceed a sum calculated at the rate of one shilling for each week of service of each member of the Defence Forces to whom this section applies.

• (3) The sums to be paid under subsection (2) of this section into the Joint Insurance Fund shall be calculated in such manner as the Minister for Finance may direct and shall be paid in such manner and at such dates as may be agreed upon by the Minister for Finance and the Minister for Industry and Commerce.

• (4) This section applies to every member of the Defence Forces—

• (a) in respect of whom, during the two years prior to his joining the Defence Forces, there were paid at least twenty contributions under the Scheme, and

• (b) who is discharged not later than the first anniversary of the expiration of the emergency period.

4 Short title and collective citation.

4.—This Act may be cited as the Unemployment Insurance Act, 1945, and the Acts and this Act may be cited together as the Unemployment Insurance Acts, 1920 to 1945.