Military Service Pensions (Amendment) Act, 1949

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MILITARY SERVICE PENSIONS (AMENDMENT) ACT, 1949.

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General Section

Section 1

Short title and collective citation.

Section 2

Definitions.

Section 3

Deductions in respect of public claims from pensions under the Act of 1924 or the Act of 1934.

Section 4

Repeals.

PART II

Amendments of the Act of 1924

Section 5

Interpretation of Part II.

Section 6

Re-examination of certain applications under the Act of 1924.

Section 7

Grant of certificates of military service to applicants refused grant under subsection (3) of section 2 of the Act of 1924.

Section 8

Restoration of pensions under the Act of 1924 forfeited or revoked.

Section 9

Date of commencement of certain pensions under the Act of 1924.

PART III

Amendments of the Act of 1934

Section 10

Interpretation of Part III.

Section 11

Re-investigation of certain applications under the Act of 1934.

Section 12

Grant of service certificates to applicants refused grant under subsection (3) of section 10 of the Act of 1934.

Section 13

Restoration of pensions under the Act of 1934 revoked or forfeited.

Section 14

Date of commencement of certain pensions under the Act of 1934.

SCHEDULE Acts Referred to Military Service Pensions Act, 1924 No. 48 of 1924 Military Service Pensions Act, 1930 No. 8 of 1930 Military Service Pensions Act, 1925 No. 15 of 1925 Military Service Pensions Act, 1934 No. 43 of 1934 Military Service Pensions (Amendment) Act, 1945 No. 11 of 1945 Military Service Pensions (Amendment) Act, 1944 No. 5 of 1944 Military Service Pensions (Amendment) (No. 2) Act, 1945 No. 34 of 1945 Number 29 of 1949.

MILITARY SERVICE PENSIONS (AMENDMENT) ACT, 1949.

AN ACT TO AMEND THE MILITARY SERVICE PENSIONS ACTS, 1924 TO 1945. [7th December, 1949.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary and General.

Short title and collective citation.

1.—(1) This Act may be cited as the Military Service Pensions (Amendment) Act, 1949.

Definitions.

2.—In this Act— the expression “the Act of 1924” means the Military Service Pensions Act, 1924 (No. 48 of 1924), as amended by the Act of 1925, the Military Service Pensions Act, 1930 (No. 8 of 1930), the Act of 1934, the Act of 1944, and the No. 2 Act of 1945; the expression “the Act of 1925” means the Military Service Pensions Act, 1925 (No. 15 of 1925); the expression “the Act of 1934” means the Military Service Pensions Act, 1934 (No. 43 of 1934), as amended by the Act of 1944, the Military Service Pensions (Amendment) Act, 1945 (No. 11 of 1945), and the No. 2 Act of 1945; the expression “the Act of 1944” means the Military Service Pensions (Amendment) Act, 1944 (No. 5 of 1944); the expression “the No. 2 Act of 1945” means the Military Service Pensions (Amendment) (No. 2) Act, 1945 (No. 34 of 1945); the expression “the operative date” means the date of the passing of this Act.

Deductions in respect of public claims from pensions under the Act of 1924 or the Act of 1934.

3.—(1) There may be deducted, from any pension payable under the Act of 1924 or under the Act of 1934, any moneys due or owing to a State authority by the person to whom the pension is payable.

Repeals.

4.—The enactments mentioned in column (2) of the Schedule to this Act are hereby repealed to the extent mentioned in column (3) of the said Schedule.

PART II.

Amendments of the Act of 1924.

Interpretation of Part II.

5.—(1) In this Part the expression “the Board” means the board of assessors constituted under section 3 of the Act of 1924.

Re-examination of certain applications under the Act of 1924.

6.—(1) Where— (a) an application for a certificate of military service was made before the operative date, and (b) the Minister, under subsection (2) of section 2 of the Act of 1924, refused to grant a certificate of military service to the applicant, and (c) the applicant, not later than eighteen months after the operative date, sends to the Board, through the Minister, a petition in writing requesting them to re-examine the application on the ground that he is in a position to prove facts sufficient to establish that he is a person to whom the Act of 1924 applies, and (d) the petition contains a statement of the said facts, the following provisions shall have effect— (i) if the Board are of opinion that (having regard to the facts alleged in the petition and to the evidence previously before the Board in any proceedings had in relation to the application under the Act of 1924) there is a prima facie case that he is a person to whom the Act of 1924 applies, the Board shall re-examine the application, (ii) if the Board are not of that opinion, the Board shall refuse to re-examine the application and inform the Minister accordingly.

Grant of certificates of military service to applicants refused grant under subsection (3) of section 2 of the Act of 1924.

7.—Where the Minister, under subsection (3) of section 2 of the Act of 1924, has refused to grant a certificate of military service to an applicant therefor— (a) the Minister may, in his absolute discretion, grant to the applicant a certificate of military service, (b) if the Minister does so, any pension granted to the applicant shall commence on the date on which the certificate of military service is granted to the applicant.

Restoration of pensions under the Act of 1924 forfeited or revoked.

8.—(1) Where a pension under the Act of 1924 has been forfeited under section 6 of the Act of 1924 or revoked under the Act of 1925 the Minister may by order, made with the consent of the Minister for Finance, restore such pension either in whole or in part.

Date of commencement of certain pensions under the Act of 1924.

9.—Where— (a) a certificate of military service is granted to a person in pursuance of an application made after the operative date, and (b) a pension under the Act of 1924 is granted to that person, the pension shall, notwithstanding anything contained in the Act of 1924, commence on,— (i) in case that person is serving in the Defence Forces on the operative date, the date of his discharge therefrom, (ii) in any other case, such date (not being earlier than the operative date) as the Minister may appoint.

PART III.

Amendments of the Act of 1934.

Interpretation of Part III.

10.—This Part shall be construed as one with the Act of 1934.

Re-investigation of certain applications under the Act of 1934.

11.—(1) Where— (a) an application for a service certificate was made before the operative date, and (b) the Minister, under subsection (1) of section 10 of the Act of 1934, refused to grant a service certificate to the applicant, and (c) the applicant, not later than eighteen months after the operative date, sends to the Referee, through the Minister, a petition in writing requesting him to re-investigate the application on the ground that the applicant is in a position to prove facts sufficient to establish that he is a person to whom the Act of 1934 applies, and (d) the petition contains a statement of the said facts, the following provisions shall have effect— (i) if the Referee is of opinion that (having regard to the facts alleged in the petition and to the evidence previously before the Referee in any proceedings had in relation to the application under the Act of 1934) there is a prima facie case that the applicant is a person to whom the Act of 1934 applies, the Referee shall re-investigate the application, (ii) if the Referee is not of that opinion, he shall refuse to re-investigate the application and inform the Minister accordingly.

Grant of service certificates to applicants refused grant under subsection (3) of section 10 of the Act of 1934.

12.—Where the Minister, under subsection (3) of section 10 of the Act of 1934, has refused to grant a service certificate to an applicant therefor— (a) the Minister may, in his absolute discretion, grant to the applicant a service certificate, (b) if the Minister does so, any pension granted to the applicant shall commence on the date on which the service certificate is granted to the applicant.

Restoration of pensions under the Act of 1934 revoked or forfeited.

13.—(1) Where a pension under the Act of 1934 has been revoked under section 12 of the Act of 1934 or forfeited under section 18 of the Act of 1934, the Minister may by order, made with the consent of the Minister for Finance, restore such pension either in whole or in part.

Date of commencement of certain pensions under the Act of 1934.

14.—Where— (a) a service certificate is granted to a person in pursuance of an application made after the operative date, and (b) a pension under the Act of 1934 is granted to that person, the pension shall, notwithstanding anything contained in the Act of 1934, commence on— (i) in case that person is serving in the Defence Forces on the operative date, the date of his discharge therefrom, (ii) in any other case, such date (not being earlier than the operative date) as the Minister may appoint.

SCHEDULE.

Section 4

.

Number and Year Short title Extent of Repeal

(1)

(2)

Subsection (6) of section 3 ; subsection (3) of section 5 .

No. 8 of 1930 Military Service Pensions Act, 1930 .

In section 2 , all words from the words “but subject” to the end of the section.

No. 43 of 1934 Military Service Pensions Act, 1934 .

Subsection (3) of section 15 ; section 17 .

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