Military Service Pensions Act, 1924

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MILITARY SERVICE PENSIONS ACT, 1924.

ARRANGEMENT OF SECTIONS Section

Section 1

Definitions.

Section 2

Application for certificate of military service.

Section 3

Board of assessors.

Section 4

Grant of pensions.

Section 5

Prohibition of assignment, etc., of pensions.

Section 6

Forfeiture of pensions.

Section 7

Offences.

Section 8

Prohibition of double pensions.

Section 9

Regulations.

Section 10

Short title.

FIRST SCHEDULE.

Calculation of Military Service.

SECOND SCHEDULE.

Calculation of Amount of Pension.

THIRD SCHEDULE.

Calculation of Suspension of Pension.

Number 48 of 1924.

MILITARY SERVICE PENSIONS ACT, 1924.

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:— Definitions.

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.

Application for certificate of military service.

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.

Board of assessors.

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.

Grant of of pensions.

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.

Prohibition of assignment, etc., of pensions.

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.

Forfeiture of pensions.

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.

Offences.

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.

Prohibition of double pensions.

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.

Regulations.

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.

Short title.

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

FIRST SCHEDULE.

Calculation of Military Service.

Col. 2. (a) For continuous service from 1st April, 1916, to 31st March, 1917, provided that such service includes active service in the week commencing 23rd April, 1916 5 years. (b) For continuous service from 1st April, 1917, to 31st March, 1918 ½ year. (c) For continuous service from 1st April, 1918, to 31st March, 1919 ½ year. (d) For continuous service from 1st April, 1919, to 31st March, 1920 1 year. (e) For continuous service from 1st April, 1920, to 31st March, 1921 2 years. (f) For continuous service from 1st April, 1921, to 11th July, 1921 1 year. (g) For continuous service from 12th July, 1921, to 30th June, 1922 1 year. (h) For continuous service from 1st July, 1922, to 31st March, 1923 2 years. (i) For continuous service from 1st April, 1923, to 30th September, 1923 1 year.

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 sub-paragraph of this Schedule immediately succeeding the sub-paragraph 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.

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