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the powers conferred on me by Section 1
the Superannuation Act, 1887 (as amended by the Emergency Powers (No. 356) Order, 1945 (S. R. & O. No. 53
1945)) and by section 5
the Superannuation Act, 1909, and
every and any other power me in this behalf enabling, do by this Warrant order as follows :— 1 Short title.
Interpretation Act, 1937 . 2. The Interpretation Act, 1937 (No. 38
1937), applies to this Warrant. 3 Definitions. 3.—
1887. the expression " the Act
1887 " means the Superannuation Act, 1887, as amended by the Emergency Powers (No. 356) Order, 1945 (S. R. & O. No. 53
1945) ; emoluments. the word " emoluments " means emoluments which, if the recipient were an established
ficer, would in the calculation
any award which could be granted to him under Superannuation Acts, 1834 to 1942, be taken into account by the Minister and to the extent to which they would be so taken into account ; Minister. the expression " the Minister " means the Minister for Finance ; pension. the word " pension " means any superannuation or retiring or annual compensation allowance granted under the Superannuation Acts, 1834 to 1942 ; salary and emoluments. the expression " salary and emoluments " means annual salary and emoluments ; workman. the word " workman " means a workman within the meaning
the Workmen's Compensation Act, 1934 (No. 9
1934), who— (
such injury under the said Act or under any Act relating to workmen's compensation for the time being in force in Great Britain, Northern Ireland or the Isle
Man.
section 12
the Agriculture Act, 1931 (No. 8
1931), a pension may be granted shall be deemed to be an established
ficer for the purposes
this Warrant. 4 Persons to whom this Warrant applies. 4.—
September, 1939,— (a) injured in the actual discharge
his duties by some injury specifically attributable to the nature
his duties, or (b) injured while, in the actual discharge
his duties, carried, pursuant to
ficial instructions or with
ficial permission, in any aircraft.
September, 1939, injured by some injury specifically attributable to belligerent action while, pursuant to
ficial instructions, stationed in, or visiting, or travelling to, or from, any area in any State engaged as a belligerent in the present war. 5 Annual allowance to person to whom this Warrant applies by virtue
5. Subject to this Warrant, any person to whom, by virtue
paragraph
hereof, this Warrant applies and who retires by reason
his injury may be granted,— (a) in case he is an unestablished
ficer or an established
ficer who is not eligible for a pension in respect
his service, an annual allowance, according to the degree
impairment
his capacity to contribute to his support, not exceeding the proportion, specified in the Table to this Article,
his salary and emoluments at the date
his injury ; (b) in case he is an established
ficer who is eligible for a pension in respect
his service, an annual allowance, according to the degree
impairment
his capacity to contribute to his support, not exceeding the proportion specified in the said Table
the difference between— (i) his salary and emoluments at the date
the injury, and (ii) the amount
any pension, including the annuity value (calculated in such manner as the Minister directs)
any additional allowance granted to him under the Superannuation Acts, 1834 to 1942, in respect
his service. Degree
impairment Proportion
salary and emoluments, or
difference between salary and emoluments and pension Slightly impaired One eighth. Impaired One quarter. Materially impaired Three eighths. Totally destroyed One half. 6 Annual allowance to person to whom this Warrant applies by virtue
paragraph
hereof, this Warrant applies and who retires by reason
his injury and who is an established
ficer may be granted whichever
the following is the greater— (a) an annual allowance under Article 5
this Warrant, (b) an annual allowance, according to the degree
impairment
his capacity to contribute to his support, not exceeding the proportion, specified in the Table to this paragraph,
his salary and emoluments at the date
his injury, with the addition, in case he is not otherwise qualified for a pension,
one one-sixtieth
such salary and emoluments for each completed year
his service. TABLE TO ARTICLE 6
impairment Proportion
salary and emoluments Slightly impaired Six sixtieths. Impaired Twelve sixtieths. Materially impaired Eighteen sixtieths. Totally destroyed Twenty-four sixtieths.
paragraph
hereof, this Warrant applies and who retires by reason
his injury and who is an unestablished
ficer may be granted— (a) in case his capacity to contribute towards his support is totally destroyed, whichever
the following is the greater— (i) an annual allowance under Article 5
this Warrant, (ii) an annual allowance not exceeding fifteen sixtieths
his salary and emoluments at the date
such injury, with the addition
one one-sixtieth
such salary and emoluments for each completed year
his service, (b) in any other case, an annual allowance under Article 5
this Warrant.
ficer, service which would be reckoned for the purposes
section 4
the Act
1887, and (b) in relation to an established
ficer, service in an established capacity together with any service in an unestablished capacity which, in the case
an unestablished
ficer, would be reckoned for the purposes
the said section 4. 7 Provisions in relation to annual allowances. 7.—
age or infirmity, but his capacity to contribute to his support is, in the opinion
the Minister, impaired by reason
his injury, the Minister may make such award as he thinks reasonable.
assessing the amount
any allowance to any person to whom this Warrant applies, the degree
permanent impairment
his capacity to contribute to his support is in doubt, the Minister may make a provisional award to have effect until such time as the degree
permanent impairment can be finally determined.
his injury, but there is doubt whether or not he will retire by reason thereof, the Minister, in any case in which the person either is not eligible for sick pay or is eligible for sick pay at a rate which is less than the rate
annual allowance which might be awarded to him under this Warrant if he retires by reason
his injury, may grant to him such provisional allowance as the Minister thinks reasonable.
his salary and emoluments at the date
the injury in respect
which such annual allowance is payable. (b) In this paragraph the expression " superannuation allowance " includes an annual compensation or retiring allowance under the Superannuation Acts, 1834 to 1942, and the annuity value (calculated in such manner as the Minister may direct)
any additional allowance under those Acts. 8 Awards to widows, children, etc.
deceased persons to whom this Warrant applies. 8.—
the date
his injury and as a direct result thereof, the Minister may, subject to this Article, pay— (a) to his widow (if she was married to him at the date
his injury), so long as she remains unmarried and
good character, (b) to his mother, if wholly dependent upon him for her support at the date
his death, (c) in respect
each
his children who, in the case
legitimate children, were born not later than nine months after the date
his injury and, in the case
stepchildren, illegitimate children or children in relation to whom he was in loco parentis at the date
his injury, were wholly or mainly dependent upon him at the date
his injury for support, an annual allowance, payable as on and from the day after the date
the death
the deceased or, in the case
a posthumous child, from the date
its birth, not exceeding, as the case may be, the proportion, calculated in accordance with the Table to this paragraph,
the salary and emoluments
the deceased at the date
his injury. TABLE TO ARTICLE 8
salary and emoluments The widow One-third. Each child, where the deceased leaves a widow to whom an award is granted One-eighteenth. Each child, where deceased does not leave a widow to whom an award is granted One-ninth. The dependent mother, where the deceased leaves a widow, but no children One-eighteenth. The dependent mother, where the deceased leaves a child or children but no widow One-ninth. The dependent mother, where the deceased leaves neither a widow nor any children. One-third.
this Article in respect
a child shall be payable until the child attains the age
sixteen years and so long thereafter, up to the age
twenty-one years, as the child remains as a student at school or at a university.
the death
any person— (a) an allowance has been granted under paragraph
this Article to the widow
that person, and (b) an allowance has also been granted under the said paragraph
any child, and (c) the widow dies during the continuance
the allowance in respect
that child, the allowance in respect
that child shall, as from the date
the death
the widow, be payable at a rate double the rate at which, but for this paragraph, it would have been payable.
this Article, the aggregate
the allowances payable under paragraph
this Article in respect
the children
a person shall not exceed one-third
the salary and emoluments
that person at the date
the injury.
the grant
an allowance in respect
the step-child or illegitimate child
a person or in respect
a child in relation to whom a person was in loco parentis at the date
his injury at a higher rate than one one-eighteenth
the salary and emolumentsof that person at the date
his injury, unless the Minister in may particular case otherwise directs. 9 Awards under this Warrant to be in addition (except in certain cases) to allowances under Superannuation Acts. 9.—
this Article, any award under this Warrant to a person or to his widow or dependants shall be in addition to any allowance or gratuity for which such person, his legal personal representatives or his dependants may be eligible under the Superannuation Acts, 1834 to 1942.
this Warrant is calculated in part by reference to the number
years
his service, the part so calculated shall be in lieu
any gratuity under section 6
the Superannuation Act, 1859, or section 4
the Act
1887, or any lump sum under subsection
section 1
the Superannuation Act, 1909. 10 Application
Warrant to married women civil servants who die as the result
injuries. 10. In the application
this Warrant to a woman employed in the Civil Service, references to a widow or her husband shall be construed as references to a widower or his wife, subject to the provision that nothing in this Warrant shall permit the grant
an award to a widower or to children in the case where the deceased leaves a widower unless such widower was at the date
her death permanently incapacitated and dependent on the deceased. 11 Cesser
other Warrants under section 1
the Act
1887 to persons to whom this Warrant applies. 11. The provisions
any Warrants made under Section 1
the Act
1887 and in force immediately before the making
this Warrant shall cease to apply to any person to whom this Warrant applies. GIVEN under my
ficial Seal, this 4th day
April, 1945. SEÁN T. Ó CEALLAIGH, Minister for Finance. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government
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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.