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No. 13/1925:
DAIL SUPREME COURT (PENSIONS) ACT, 1925
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ARRANGEMENT OF SECTIONS
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1 Meaning of "Dáil Supreme Court".
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2 Grant of pensions to former judges of Dáil Supreme Court.
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3 Suspension of pensions granted under this Act.
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4 Avoidance of double pensions.
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5 Short title.
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AN ACT TO AUTHORISE THE PAYMENT OF PENSIONS TO PERSONS WHO YIELD OFFICE AS JUDGES OF THE SUPREME COURT WHICH WAS CONSTITUTED UNDER A DECREE MADE IN THE YEAR 1920 BY THE MINISTER FOR HOME AFFAIRS PURPORTING TO ACT UNDER THE AUTHORITY OF THE FIRST DÁIL EIREANN.
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[27th April, 1925.]
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BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
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Meaning of "Dáil Supreme Court".
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1.—In this Act the expression "Dáil Supreme Court" means the Supreme Court which was constituted under a Decree made in the year 1920 by the Minister for Home Affairs purporting to act under the authority of the First Dáil Eireann.
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Grant of pensions to former judges of Dáil Supreme Court.
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2.—(1) The Minister for Justice may, with the sanction of the Minister for Finance, grant to any person who held office as a judge of the Dáil Supreme Court a pension for his life at such rate as the Minister for Justice shall, with the sanction of the Minister for Finance, think proper but not exceeding two-thirds of the annual salary of which such person was in receipt as a judge of the Dáil Supreme Court immediately before he ceased to hold office as such judge.
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(2) Every pension granted under this section shall, subject to the provisions of this Act relating to the suspension of pensions and the avoidance of double pensions, be payable to the person to whom such pension is granted as from the date on which the annual salary of such person as a judge of the Dáil Supreme Court ceased to be paid to him.
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(3) Every pension granted under this section shall be charged on and payable out of the Central Fund or the growing produce thereof.
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Suspension of pensions granted under this Act.
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3.—If any person to whom a pension is granted under this Act shall, after the date as from which such pension is payable under this Act, have been or be in receipt of any remuneration or allowance payable out of the Central Fund or out of money provided by the Oireachtas, then—
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( a ) if and so long as such remuneration or allowance is equal to or exceeds the salary of which such person was in receipt as a judge of the Dáil Supreme Court immediately before he ceased to hold office as such judge, the pension so granted to such person shall be wholly suspended, and
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( b ) if and so long as such remuneration or allowance is less than such salary as aforesaid, so much only of such pension shall be payable as with such remuneration or allowance will be equal to the amount of such salary, and the remainder of such pension shall abate and be suspended.
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Avoidance of double pensions.
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4.—If any person to whom a pension is granted under this Act becomes after the passing of this Act entitled to any other pension payable out of the Central Fund or out of money provided by the Oireachtas in respect of any judicial or other office held by him, then—
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( a ) if and so long as such other pension is equal to or exceeds the pension granted under this Act, the pension granted under this Act shall be wholly suspended, and
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( b ) if and so long as such other pension is less than the pension granted under this Act, so much of the pension granted under this Act as is equal to such other pension shall abate and be suspended.
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Short title.
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5.—This Act may be cited as the Dáil Supreme Court (Pensions) Act, 1925.
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