No. 34/1945:

MILITARY SERVICE PENSIONS (AMENDMENT) (No. 2) ACT, 1945

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Amendment of section 8 of the Act of 1924.

3 Amendment of section 2 of the Act of 1934.

4 Amendment of section 20 of the Act of 1934.

AN ACT TO AMEND THE MILITARY SERVICE PENSIONS ACTS, 1924 TO 1945.

[20th November, 1945.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act—

the expression "the Act of 1924" means the Military Service Pensions Act, 1924 ( No. 48 of 1924 );

the expression "the Act of 1934" means the Military Service Pensions Act, 1934 ( No. 43 of 1934 );

the expression "the Amending Act of 1944" means the Military

Service Pensions (Amendment) Act, 1944 ( No. 5 of 1944 ).

2.—(1) Subsection (1) of section 8 of the Act of 1924 , as amended by section 2 of the Amending Act of 1944, shall have effect as if, for the Third Schedule to the Act of 1924 , there were substituted the following:—

"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—

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 B, C, D, E, F, G, H, I, J, K, L or M of paragraph 1 of this Schedule would under the terms of the said paragraph 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."

(2) The references to remuneration or to an allowance in subsection (1) of section 8 of the Act of 1924 , and in the Third Schedule to the Act of 1924 , as amended by subsection (1) of this section, shall be construed as excluding references to—

( a ) so much of remuneration or an allowance payable to any person as is shown to the satisfaction of the Minister for Defence by that person to have been necessarily expended by him in the performance of the duties in respect of which the remuneration or allowance is payable,

( b ) any allowance payable to a member of the Gárda Síochána under an order made under section 12 of the Police Forces Amalgamation Act, 1925 ( No. 7 of 1925 ).

(3) Subsections (1) and (2) of this section shall be deemed to have come into operation on, and shall have effect as on and from the 1st day of April, 1945.

3.—(1) Paragraph (a) of subsection (2) of section 2 of the Act of 1934 is hereby amended by the insertion, after the word "deportation" of the words and figures "under the Aliens Restriction Act, 1914, or any order made thereunder or".

(2) Subsection (1) of this section shall be deemed to have come into operation on, and shall have effect as on and from the 13th day of September, 1934.

4.—(1) Subsection (1) of section 20 of the Act of 1934 , as amended by section 3 of the Amending Act of 1944, shall have effect as if, for the Third Schedule to the Act of 1934 , there were substituted the following:—

"THIRD SCHEDULE

CALCULATION OF SUSPENSION OF PENSIONS.

1. The extent to which payment of a pension under this Act shall be suspended under section 20 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—

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 B, C, D, E, F, G, H, I, J, K, L or M of paragraph 1 of this Schedule would under the terms of the said paragraph 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."

(2) The references to remuneration or to an allowance in subsection (1) of section 20 of the Act of 1934 and in the Third Schedule to the Act of 1934 , as amended by subsection (1) of this section, shall be construed as excluding references to—

( a ) so much of remuneration or an allowance payable to any person as is shown to the satisfaction of the Minister for Defence by that person to have been necessarily expended by him in the performance of the duties in respect of which the remuneration or allowance is payable,

( b ) any allowance payable to a member of the Gárda Síochána under an order made under section 12 of the Police Forces Amalgamation Act, 1925 No. 7 of 1925 )

(3) Subsections (1) and (2) of this section shall be deemed to have come into operation on, and shall have effect as on and from the 1st day of April, 1945.

Short title and collective citation.

5.—(1) This Act may be cited as the Military Service Pensions (Amendment) (No. 2) Act, 1945.

(2) The expression "the Military Service Pensions Acts, 1924 to 1945" shall be construed as including this Act.