Connaught Rangers (Pensions) Act, 1936
I mbeagán focal
This law provides for the payment of pensions, allowances, and gratuities to certain former members of the 1st Battalion, the Connaught Rangers, who participated in the Mutiny of June and July 1920. It also covers other related matters concerning these payments.
Cad a rialaíonn sé
- Payment of service pensions based on length and type of army service.
- Payment of service gratuities for certain types of short service.
- Payment of wound pensions and gratuities for disablement caused by wounds attributable to the Mutiny.
- Rules for calculating and determining these pensions and gratuities, including definitions of "wound" and "disablement".
Cé aige a mbaineann sé
- Former members of the 1st Battalion, the Connaught Rangers, who participated in the Mutiny and were sentenced by the General Court-martial to death, penal servitude, or imprisonment for at least twelve months.
- Dependants of these qualified persons (though specific details on dependants' allowances are not provided in the excerpt, the section heading indicates their inclusion).
Príomhphointí
- A "qualified person" is certified by the Minister for Defence as having been a member of the 1st Battalion, the Connaught Rangers, joined in the Mutiny, and was sentenced by the General Court-martial to death, penal servitude, or imprisonment for not less than twelve months.
- Long service pensions are paid during life, with rates varying based on rank at the time of the Mutiny (e.g., two shillings and sevenpence halfpenny per day for those not holding corporal rank or higher).
- Pre-1918 short service pensions are payable during life at a rate of ten shillings and sixpence per week.
- Post-1918 short service gratuities can be granted up to one hundred and fifty pounds.
- Wound pensions are granted if disablement is 20% or more, while wound gratuities (not exceeding thirty pounds) are for disablement less than 20%, both attributable to the Mutiny.
Legal text
Connaught Rangers (Pensions) Act, 1936 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.
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- s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1936 Connaught Rangers (Pensions) Act, 1936 Connaught Rangers (Pensions) Act, 1936 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 37 of 1936. CONNAUGHT RANGERS (PENSIONS) ACT, 1936. ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. “Qualified persons”. 3. Service pensions. 4. Service gratuities. 5. Wound pensions and gratuities. 6. Disability pensions. 7. Double disablement. 8. Dependants allowances. 9. Applications for pension etc. 10. Reference of applications for wound pensions, wound gratuities, disability pensions and dependants' allowances to the Army Pensions Board. 11. Assessment of degree of disability. 12. Grant and commencement of pensions, etc. 13. Application of pensions, etc., in certain cases. 14. Offences. 15. Revocation of pensions and allowances. 16. Forfeiture of pensions and dependants' allowances. 17. Prohibition of assignment, etc., of pensions and gratuities and dependants' allowances. 18. Suspension and prohibition of double pensions. 19. Determination of certain matters. 20. Travelling expenses and subsistence. 21. Expenses. 22. Short title. FIRST SCHEDULE. Scale of wound pensions for qualified persons SECOND SCHEDULE. Scale of disability pensions for qualified persons THIRD SCHEDULE. Rules for calculation of suspension of service pensions Number 37 of 1936. CONNAUGHT RANGERS (PENSIONS) ACT, 1936. AN ACT TO PROVIDE FOR THE PAYMENT OF PENSIONS, ALLOWANCES, AND GRATUITIES TO OR IN RESPECT OF CERTAIN FORMER MEMBERS OF THE 1ST BATTALION, THE CONNAUGHT RANGERS, AND TO MAKE PROVISION FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [8th August, 1936.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— Definitions. 1.—In this Act— the expression “the Minister” means the Minister for Defence; the expression “the Mutiny” means the mutiny of certain members of the 1st Battalion, the Connaught Rangers, which took place in June and July, 1920, at Solon and Jullundur in India; the expression “the General Court-martial” means the British General Court-martial which assembled in August, 1920, at Dagshai in India for the purposes of trying certain members of the 1st Battalion, the Connaught Rangers, on charges arising out of the Mutiny; the expression “army service” means British army service preceding the Mutiny together with any period spent in prison or internment awaiting trial by the General Court-martial and any period spent in prison following on a sentence by the General Court-martial; the expression “long service” means army service amounting to more than twelve years; the expression “pre-1918 short service” means army service which does not exceed twelve years and which commenced before the 18th day of April, 1918; the expression “post-1918 short service” means army service which does not exceed twelve years and which commenced on or after the 18th day of April, 1918; the expression “period of notional service” means, in relation to any person whose army service is long service, the period which commenced at the expiration of his army service and ended at the expiration of a number of days equal to the number of days by which his army service fell short of twenty-one years; the word “wound” means an interruption of the normal continuity of body tissue caused by direct or indirect violence but does not include any injury due to the serious negligence or misconduct of the person suffering therefrom; the word “disablement” means an injury of a permanent nature resulting in impairment of function caused by wound or disease and not due to the serious negligence or misconduct of the person suffering therefrom; the expression “degree of disablement” when used in relation to a disablement means the degree of disablement assessed in respect of such disablement by the Army Pensions Board. “Qualified persons.” 2.—In this Act the expression “a qualified person” means a person in respect of whom the Minister certifies that— (
- a)he was a member of the 1st Battalion, the Connaught Rangers, and (
- b)he joined in the Mutiny, and (
- c)he was, in consequence of so joining, sentenced by the General Court-martial to death, penal servitude, or imprisonment for any term of not less than twelve months. Service pensions. 3.—
- a)in case such person did not at the date of the Mutiny hold the substantive rank of corporal or substantive higher non-commissioned rank, such pension shall consist of an allowance at the rate of two shillings and sevenpence halfpenny per day; (
- b)in case such person held at the date of the Mutiny the substantive rank of corporal, such pension shall consist of— (
- i)an allowance at the rate of two shillings and sevenpence halfpenny per day, and (
- ii)an additional allowance at the rate of one halfpenny per day for each complete year of his pensionable service during which he held the substantive rank of corporal; (
- c)in case such person held at the date of the Mutiny the substantive rank of sergeant or substantive higher non-commissioned rank, such pension shall consist of— (
- i)an allowance at the rate of two shillings and sevenpence halfpenny per day, and (
- ii)an additional allowance at the rate of one penny per day for each complete year of his pensionable service during which he held the substantive rank of sergeant or substantive higher non-commissioned rank, and (iii) an additional allowance at the rate of one halfpenny per day for each complete year (if any) of his British Army service preceding the Mutiny during which he held the substantive rank of corporal.
- a)the pensionable service of a person shall be taken to be the sum of his army service and his period of notional service; (
- b)a person who at the date of the Mutiny held any substantive non-commissioned rank shall be deemed to have continued to have held that rank during the period commencing on the date of the Mutiny and ending at the expiration of his period of notional service; (
- c)in the case of a person who held at the date of the Mutiny the substantive rank of corporal, the number of complete years during which he held the substantive rank of corporal shall be taken to be the result obtained by dividing by three hundred and sixty-five a number equal to the number of days during which he held that substantive rank or a substantive higher non-commissioned rank, any fraction being disregarded; (
- d)in the case of a person who held at the date of the Mutiny the substantive rank of sergeant or a substantive higher non-commissioned rank— (
- i)the number of complete years during which he held the substantive rank of sergeant or substantive higher non-commissioned rank shall be taken to be the result obtained by dividing by three hundred and sixty-five a number equal to the number of days during which he held the substantive rank of sergeant or substantive higher non-commissioned rank, any fraction being disregarded, and (
- ii)the number of complete years (if any) during which he held the substantive rank of corporal shall be taken to be the result obtained by dividing by three hundred and sixty-five a number equal to the number of days during which he held the substantive rank of corporal, any fraction being disregarded.
- a)if the degree of such disablement at the date of his examination by the Army Pensions Board is not less than twenty per cent. there may, in addition to a service pension or a service gratuity, be granted to such person a pension (in this Act referred to as a wound pension) payable during his life at, in case his army service is long service, the rate mentioned in the third column of the First Schedule to this Act opposite to the appropriate degree of disablement mentioned in the second column of that Schedule or, in case his army service is pre-1918 short service, the rate mentioned in the fourth column of that Schedule opposite to the appropriate degree of disablement mentioned in the said second column or, in case his army service is post-1918 short service, the rate mentioned in the fifth column of that Schedule, opposite to the appropriate degree of disablement mentioned in the said second column; (
- b)if the degree of such disablement at the date of his examination by the Army Pensions Board is less than twenty per cent. there may, in addition to a service pension or a service gratuity, be granted to such person a gratuity (in this Act referred to as a wound gratuity) of such amount (not exceeding thirty pounds) as the Minister, having regard to all the circumstances of the case, shall, with the consent of the Minister for Finance, determine.
- a)a person is suffering from a disablement (in this section referred to as the disease disablement) caused by a disease the degree of which is less than eighty per cent. and the circumstances are such that such person could be granted a disability pension in respect of the disease disablement if the degree of disablement had equalled or exceeded eighty per cent., and (
- b)such person is also suffering from a disablement (in this section referred to as the wound disablement) caused by a wound in respect of which he could be granted a wound pension, or could, if the degree of disablement had equalled or exceeded twenty per cent., be granted a wound pension, then, for the purposes of the two immediately preceding sections the following provisions shall have effect, that is to say:— (
- i)the degree of his disablement shall be the sum total of the degree of the disease disablement and the degree of the wound disablement, (
- ii)if the said sum total exceeds one hundred per cent., the degree of disablement shall be reckoned as one hundred per cent., (iii) the whole of his disablement shall be deemed to have been caused by the wound. Dependants allowances. 8.—
- a)to the widow of such person, an allowance (in this Act referred to as a dependant's allowance) payable during widowhood at the rate of ten shillings per week; (
- b)if and so long as there are two or more children of such person under the age of sixteen years— (
- i)to the eldest or elder of such children, an allowance (in this Act also referred to as a dependant's allowance) at the rate of five shillings per week, (
- ii)in case there are three or more such children, to each of such children (other than the eldest) or, in case there are two such children only, to the younger of such children an allowance (in this Act also referred to as a dependant's allowance) at the rate of three shillings per week; (
- c)if and so long as there is one child only of such person under the age of sixteen years, to such child an allowance (in this Act also referred to as a dependant's allowance) at the rate of five shillings per week.
- a)to have been a member of the 1st Battalion, the Connaught Rangers, and (
- b)to have joined in the Mutiny, and (
- c)to have been killed in the Mutiny.
- a)to have been a member of the 1st Battalion, the Connaught Rangers, and (
- b)to have joined in the Mutiny, and (
- c)to have been executed in accordance with a sentence passed by the General Court-martial.
- a)who is certified by the Minister— (
- i)to have been a member of the 1st Battalion, the Connaught Rangers, and (
- ii)to have joined in the Mutiny, and (iii) to have been sentenced, in consequence of his so joining, by the General Court-martial to death, penal servitude or imprisonment for any term not less than twelve months, and (
- b)who died before the date of the passing of this Act, and (
- c)whose death is certified by the Minister to have been attributable to wound or disease arising out of the Mutiny.
- a)such pension or dependant's allowance shall be forfeited as on and from the date of such conviction; (
- b)if such conviction and sentence is quashed or annulled, the forfeiture consequent on such conviction and sentence shall be deemed to have been quashed or annulled also, and such pension or dependant's allowance shall be thereupon revived and payable together with all arrears thereof accruing since the date of such conviction. Prohibition of assignment, etc., of pensions and gratuities and dependants' allowances. 17.—
- a)a person is entitled to a long service pension, and (
- b)such person's army service is less than twenty-one years, and (
- c)such person served in the Civil Service of the Government of Saorstát Eireann for any period (in this sub-section referred to as the period of civil service) which fell within his period of notional service, such person shall not be entitled to reckon the period of civil service for the purposes of a superannuation allowance under the Superannuation Acts, 1834 to 1923, as amended by any subsequent enactment, unless he surrenders a part of the said long service pension which bears to the whole of the said long service pension the same proportion as the period of civil service bears to twenty-one years. Determination of certain matters. 19.—Every question arising under this Act in relation to any of the following matters, that is to say:— (
- a)the period of army service of a qualified person and the date of commencement of such service, (
- b)the substantive non-commissioned rank (if any) held, at the date of the Mutiny, by a qualified person, (
- c)in the case of a qualified person who held a particular substantive non-commissioned rank at the date of the Mutiny, the period or periods during which he held such non-commissioned rank or any substantive lower or higher non-commissioned rank before the date of the Mutiny, (
- d)the period of notional service of a qualified person whose army service was long service, shall be determined by the Minister and the determination of the Minister shall be final and conclusive, and binding on all persons and tribunals whatsoever. Travelling expenses and subsistence. 20.—
- Subject to the provisions of Rule 2 of this Schedule, the extent to which the payment of a service pension shall be suspended under Section 18 of this Act, where the person in receipt of such pension is in receipt of any remuneration, pension (other than a wound pension or disability pension) or allowance payable out of public moneys, shall be as follows:— Where the annual amount of the remuneration, pension or allowance out of public moneys— A. Does not exceed £100 5% B. ” ” £150 but exceeds £100 10% C. ” ” £200 ” £150 20% D. ” ” £250 ” £200 30% E. ” ” £300 ” £250 40% F. ” ” £350 ” £300 50% G. ” ” £400 ” £350 60% H. ” ” £450 ” £400 70% I. ” ” £500 ” £450 80% J. ” ” £550 ” £500 90% K. Exceeds £550 100%
- Where the total of the amount payable to any person out of public moneys and the amount payable to such person in respect of a service pension within the limits specified at B. C, D, E, F, G, H, I, J, or K of Rule 1 of this Schedule would under the terms of the said Rule be less than the amount which such person would receive if the amount payable to him out of public moneys were at the maximum of the limit immediately preceding, then and in every such case the extent of the suspension of his service pension shall be reduced so that the total of the amount payable to him out of public moneys and of his service pension shall not be less than that which he would receive if the amount payable out of public moneys were at the maximum of the limit immediately preceding. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais