No. 48/1924:

MILITARY SERVICE PENSIONS ACT, 1924

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Application for certificate of military services.

3 Board of assessors.

4 Grant of Pension.

5 Prohibition of assignment, etc, of pension.

6 Forfeiture of pension.

7 Offences.

8 Prohibition of double pensions.

9 Regulation.

10 Short title.

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

AN ACT TO PROVIDE FOR THE PAYMENT OF MILITARY SERVICE PENSIONS TO CERTAIN MEMBERS AND FORMER MEMBERS OF THE NATIONAL FORCES AND THE DEFENCE FORCES OF SAORSTÁT EIREANN.

[5th August, 1924.]

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

1.—In this Act—

the expression "military service" means active service in any rank, whether as an officer, non-commissioned officer, private or volunteer in any of the following forces, that is to say—

"Oglaigh na hEireann" or the military body known as the "Irish Volunteers" or the military body known as the "Irish Citizen Army" or the body known as "Fianna Eireann" or the body known as the "Hibernian Rifles" or the "National Forces" or the "Defence Forces of Saorstát Eireann" or any branch of any of those forces. For the purposes of this Act service as a member of the Irish Volunteer Executive or of the Headquarters Staff of Oglaigh na hEireann or in the Intelligence Branch of any of the said military forces or bodies, or in the Intelligence Service carried on under the authority of the First Dáil Eireann or of the Second Dáil Eireann, shall be deemed to be military service in Oglaigh na hEireann or in the Irish Volunteers, as the case may be;

the expression "National Forces" means and includes all armed forces maintained by the Provisional Government or the Government of Saorstát Eireann;

the expression "Defence Forces of Saorstát Eireann" means the Forces to be established pursuant to Part I. of the Defence Forces (Temporary Provisions) Act, 1923 ;

the expression "Certificate of Military Service" shall mean a certificate in the prescribed form granted under this Act;

the expression "Military Service Pension" shall mean a pension granted under the powers contained in this Act;

the word "Minister" shall mean the Minister for Defence;

the word "prescribed" shall mean prescribed by any rules or regulations made under this Act.

2.—(1) Any person to whom this Act applies may within the prescribed period apply in the prescribed form to the Minister, and the Minister may grant to him, subject to the provisions of this Act, a certificate of military service.

(2) The Minister shall refer every such application for a certificate of military service to a board of assessors appointed under this Act to hear all such applications and shall before granting any such certificate take into consideration the report made by the board of assessors and, subject to the provisions of this Act, shall grant or refuse a certificate of military service in accordance with such report.

(3) The Minister may in his absolute discretion refuse to issue a certificate of military service to any applicant who shall have, prior to the making of the report by the board of assessors, been sentenced by a court of competent jurisdiction in Saorstát Eireann to suffer imprisonment with or without hard labour for any term exceeding three months or any term of penal servitude.

(4) This Act applies to every person who—

( a ) at any time subsequent to the 1st day of July, 1922, and prior to the 1st day of October, 1923, was serving in the National Forces or the Defence Forces of Saorstát Eireann, and

( b ) has rendered military service in Oglaigh na hEireann or in the Irish Volunteers or in the Irish Citizen Army or in Fianna Eireann or in the Hibernian Rifles during the week commencing the 23rd April, 1916, or throughout either of the periods specified in (e)and (f)of clause 1 of the First Schedule to this Act.

3.—(1) A board of assessors (in this Act referred to as "the board of assessors") shall be constituted under this Act and shall consist of three members who shall be appointed by the Minister with the approval of the Executive Council and one of whom shall be a person who at the date of his appointment is a Judge of the Supreme Court, High Court, Circuit Court, or District Court of Saorstát Eireann or is a practising barrister of not less than ten years standing.

(2) The board of assessors shall examine every application for a certificate of military service referred to them by the Minister, and they shall for that purpose make all such enquiries, summon all such witnesses, and take all such evidence, whether on oath or otherwise, as may appear to them necessary or proper for the purpose of making a report to the Minister as to the military service of the applicant.

(3) Every report as to military service of any applicant for a certificate of military service shall contain findings upon following matters, that is to say:—

( a ) the military service of such applicant in Oglaigh na hEireann or in the Irish Volunteers or in the Irish Citizen Army or in Fianna Eireann or in the Hiberian Rifles; and

( b ) the military service of such applicant in the National Forces or the Defence Forces of Saorstát Eireann; and

( c ) the period of the service of such applicant in each such force or body as aforesaid.

(4) Every report made by the board of assessors as to the military service of any applicant for a certificate of military service shall be in the prescribed form.

(5) The onus of proof shall rest on the applicant for a certificate of military service, and he shall be at liberty to offer such evidence as may be necessary to enable him to discharge such onus.

(6) The findings of the board of assessors set out in their report shall in all cases be final and conclusive and binding upon the applicant, provided however that the board may at any time re-open any or all of their findings at the request of the Minister on the ground that evidence not available prior to the making of their report had since become available, and upon hearing such additional evidence the board of assessors may amend their report and alter or discharge any findings therein as may seem to them just having regard to such further evidence.

4.—(1) The Minister may with the sanction of the Minister for Finance and subject to the provisions of this Act grant to any person to whom the Minister shall have granted a certificate of military service under this Act a military service pension commencing as from the first day of October, 1924, or the day of his discharge from the National Forces or the Defence Forces of Saorstát Eireann whichever of those days shall be the later, provided however that no person shall receive any such military service pension unless money for the payment of such military service pension shall have been voted by the Oireachtas.

(2) For the purpose of calculating the amount of military service pension which any holder of a certificate of military service under this Act shall receive the military service of such person as found by the board of assessors and set out in his certificate of military service shall be reckoned as the equivalent of the respective periods of years of military service respectively specified in the second column of the First Schedule to this Act, and the total number of years of military service in respect of which any such pension shall be granted shall be calculated in the manner set forth in the said First Schedule and the Second Schedule to this Act.

(3) Every military service pension shall be based upon the rank of the applicant at the time of his discharge from the National Forces or from the Defence Forces of Saorstát Eireann or the rank held by him on the 1st day of February, 1924, whichever of those ranks shall be the higher and shall be calculated in each case according to the rules set out in the Second Schedule to this Act.

5.—(1) Every assignment of and every charge on and every agreement to assign or charge any military service pension under this Act shall, except so far as the same is authorised by an Act for the time being in force, be null and void.

(2) No military service pension granted under this Act shall be capable of being taken in execution or otherwise alienated by process of law for the payment of any debts or liabilities of the person to whom such pension is granted under this Act.

(3) Nothing in this section shall prevent the deduction from any pension payable under this Act of any monies which may be due or owing to the Minister by the person to whom such pension is payable.

6.—(1) If any person to whom a military service pension has been granted under this Act is, during the continuance of such pension, convicted of any crime or offence by a court of competent jurisdiction in Saorstát Eireann and is sentenced by that court for that crime or offence to imprisonment with or without hard labour for any term exceeding three months, or to penal servitude for any term, the pension so granted to such person shall be forfeited as from the date of such conviction.

(2) If any such conviction and sentence as aforesaid is quashed or annulled, the forfeiture of a pension consequent on such conviction and sentence shall be deemed to have been quashed and annulled also, and the military service pension shall be thereupon revived and payable together with all arrears thereof accruing since the date of such conviction.

7.—(1) If any person with a view to obtaining either for himself or any other person a grant or payment of a pension under this Act makes, signs, or uses any declaration, application or other written statement knowing the same to be false, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or to imprisonment for a period not exceeding six months or at the discretion of the court to both such fine and imprisonment.

(2) If any person so convicted as aforesaid is in receipt of a pension obtained by reason of such false declaration, application, or other written statement he shall forfeit such pension as from the date of such conviction.

(3) For the purpose of proceedings in respect of any such offence as is mentioned in this section, the offence shall be deemed to have been committed either at the place where it was actually committed or at the place where the offender may happen to be.

8.—(1) If any person to whom a military service pension is payable under this Act shall at any time during the continuance of such pension be in receipt of any remuneration, pension, or allowance payable out of public moneys, whether provided by the Oireachtas or out of the Central Fund or by means of the poor rate or any other rate imposed by a local authority, the military service pension payable to such person under this Act shall be suspended to an extent calculated according to the provisions contained in the Third Schedule to this Act while he is in receipt of such remuneration, pension, or allowance as aforesaid.

(2) A person shall not be entitled to reckon the same period of time both for the purpose of a military service pension under this Act and also for the purpose of a superannuation allowance under the Superannuation Acts, 1834 to 1923, but any such person may if he so desires surrender his military service pension under this Act and reckon for the purpose of such superannuation allowance and in the manner specified in the First Schedule to this Act any period of time which but for this section he could have reckoned for both the purposes aforesaid.

9.—(1) The Minister may make regulations under this Act prescribing all or any of the following matters, that is to say:—

( a ) the form and time in and within which application shall be made to him for a certificate of military service;

( b ) the procedure on reference of such application to the board of assessors;

( c ) the form of and the manner in which every report of the board of assessors shall be furnished to the Minister;

( d ) any other matter or thing necessary for the purpose of carrying this Act into effect.

(2) All regulations made by the Minister under this Act shall, immediately upon the same being made, be laid before each House of the Oireachtas, and if either House shall within twenty-one days on which such House has sat next after such regulations were laid before it, pass a resolution annulling such regulations, such regulations shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulations.

10.—This Act may be cited as the Military Service Pensions Act, 1924 .

FIRST SCHEDULE

CALCULATION OF MILITARY SERVICE

1. The number of years of military service counting towards pension under this Act shall be computed as follows:—

2. For service rendered during any broken part of any period mentioned in column 1 of paragraph 1 of this Schedule there shall be added a corresponding proportion of the total equivalent for that period as set out in column 2 of the said paragraph.

3. In regard to the year 1st April, 1916, to 31st March, 1917, the equivalent of active service in the week commencing 23rd April, 1916, shall be deemed to be four years, and the equivalent for the remainder of that year shall be deemed to be one year.

4. The following circumstances shall not be deemed to constitute a breach in the continuity of service:—

( a ) absence from duty following arrest, imprisonment, internment, or deportation under the Defence of the Realm Act, 1914, the Restoration of Order in Ireland Act, 1920, or any regulations made thereunder;

( b ) absence from duty following arrest, imprisonment or penal servitude in respect of sedition, treason or treason felony prior to 11th July, 1921;

( c ) absence from duty by reason of duties necessitating such absence undertaken at the instance or on behalf of the Cabinet of Dáil Eireann or on behalf of the Provisional Government from 21st January, 1919, to 1st July, 1922.

SECOND SCHEDULE

CALCULATION OF AMOUNT OF PENSION.

There shall be payable to every applicant in respect of whom a certificate of military service has been issued—

( a ) in the case of an applicant who, at the date of his discharge from the National Forces or from the Defence Forces of Saorstát Eireann, was serving as a private or non-commissioned officer, a military service pension calculated at the rate of five pounds per annum in respect of each year or part of a year of military service as calculated for the purposes of this Act;

( b ) in the case of an applicant who, at the date of his discharge from the National Forces or from the Defence Forces of Saorstát Eireann, was serving in a commissioned rank as second lieutenant, first lieutenant, or captain, a military service pension calculated at the rate of ten pounds per annum in respect of each year or part of a year of military service as calculated for the purposes of this Act;

( c ) in the case of an applicant who, at the date of his discharge from the National Forces or from the Defence Forces of Saorstát Eireann, was serving as a commandant or major, a military service pension calculated at the rate of fifteen pounds per annum in respect of each year or part of a year of military service as calculated for the purposes of this Act;

( d ) in the case of an applicant who, at the date of his discharge from the National Forces or from the Defence Forces of Saorstát Eireann, was serving as a colonel or major-general, a military service pension calculated at the rate of twenty pounds per annum in respect of each year or part of a year of military service as calculated for the purposes of this Act;

( e ) in the case of an applicant who, at the date of his discharge from the National Forces or from the Defence Forces of Saorstát Eireann, was serving in a rank higher than that of major-general, a military service pension calculated at the rate of twenty-five pounds per annum in respect of each year or part of a year of military service as calculated for the purposes of this Act.

For the purpose of this Schedule a person who was a member of the Irish Volunteer Executive or of the Headquarters Staff of Oglaigh na hEireann at any time prior to the 11th July, 1921, or who was a member of the Army Council or of the Defence Council at any time subsequent to the 1st July, 1922, and prior to the 1st October, 1923, shall be deemed to have been serving at the date of his discharge from the National Forces or the Defence Forces of Saorstát Eireann in a rank higher than that of Major-General.

For the purpose of this Schedule an officer of the Medical Services Branch of the National Forces or of the like Branch of the Defence Forces of Saorstát Eireann shall be deemed to have held one of the ranks in those forces mentioned in the subparagraph of this Schedule immediately succeeding the subparagraph in which the rank actually held by him is mentioned.

Where an applicant held on the 1st day of February, 1924, a rank in the National Forces or the Defence Forces of Saorstát Eireann higher than the rank held by him in either of those Forces at the date of his discharge therefrom, the rank so held by him on the 1st day of February, 1924, shall for the purposes of this Schedule be substituted in his case for the rank held by him at the date of his discharge.

THIRD SCHEDULE

CALCULATION OF SUSPENSION OF PENSIONS.

1. The extent to which payment of a pension shall be suspended under section 8 of this Act shall be as follows, that is to say:—

Where the annual amount of the remuneration, pension, or allowance payable out of public moneys is—

2. Where the total of the amounts payable to any person out of public moneys as aforesaid and the amount payable to such person under this Act within the limits specified at 1B, 1C, 1D, 1E, IF, 1G, 1H, 1I, 1J, or 1K would under the terms of clause 1 of this Schedule be less than the amount which such person would receive if the amount payable to him out of public moneys as aforesaid was at the maximum of the limit immediately preceding, then and in every such case the extent of the suspension of his military service pension shall be reduced so that the total of the amount aforesaid and of his pension shall not be less than that which he would receive if the amount aforesaid was at the maximum of the limit immediately preceding.