Military Service Pensions (Amendment) Act, 1953

Military Service Pensions (Amendment) Act, 1953 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.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1953 Military Service Pensions (Amendment) Act, 1953 Military Service Pensions (Amendment) Act, 1953 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 5 of 1953. MILITARY SERVICE PENSIONS (AMENDMENT) ACT, 1953. ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. Increase of pensions. 3. Option with respect to certain pensions. 4. Withdrawal of certain options. 5. Amendment of section 4 of Act of 1924. 6. Extension of time for making petitions under Act of 1949. 7. Termination of suspensions which may be made in or by reference to pensions. 8. Short title and collective citation. Acts Referred to Military Service Pensions Act, 1924 No. 48 of 1924 Military Service Pensions Act, 1934 No. 43 of 1934 Military Service Pensions (Amendment) Act, 1949 No. 29 of 1949 Defence Forces (Temporary Provisions) Act, 1923 No. 30 of 1923 Military Service Pensions Act, 1930 No. 8 of 1930 Army Pensions Act, 1943 No. 14 of 1943 Social Welfare Act, 1952 No. 11 of 1952 Number 5 of 1953. MILITARY SERVICE PENSIONS (AMENDMENT) ACT, 1953. AN ACT TO AMEND THE MILITARY SERVICE PENSIONS ACTS, 1924 TO 1949. [18th March, 1953.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— Definitions. 1.—In this Act— “the Act of 1924” means the Military Service Pensions Act, 1924 (No. 48 of 1924); “the Act of 1934” means the Military Service Pensions Act, 1934 (No. 43 of 1934); “the Act of 1949” means the Military Service Pensions (Amendment) Act, 1949 (No. 29 of 1949); “the Minister” means the Minister for Defence. Increase of Pensions. 2.—(1) A pension under the Act of 1924 or the Act of 1934 shall be increased by the appropriate sum. (2) Increases under this section shall commence as follows: (a) in the case of a pension the day of commencement of which is on or before the 1st day of January, 1953, the increase shall commence as from the 1st day of January, 1953, and (b) in the case of a pension the day of commencement of which is after the 1st day of January, 1953, the increase shall commence as from the day of the commencement of the pension. (3) In applying subsection (1) of this section where the pension is granted on or after the day of the passing of this Act, the amount of the pension shall first be determined without regard to this section and that amount shall then be increased. (4) For the purposes of this section, the appropriate sum in relation to a pension shall be— (a) where the amount of the pension does not exceed £100 a year, 50 per cent. of the amount of the pension, (b) where the amount of the pension exceeds £100 a year but does not exceed £125 a year, £50 a year, (c) where the amount of the pension exceeds £125 a year but does not exceed £150 a year, 40 per cent. of the amount of the pension, (d) where the amount of the pension exceeds £150 a year but does not exceed £200 a year, £60 a year, (e) where the amount of the pension exceeds £200 a year but does not exceed £346 3s. 1d. a year, 30 per cent. of the pension, (f) where the amount of the pension exceeds £346 3s. 1d. a year, sufficient to bring the amount of the pension to £450 a year. Option with respect to certain pensions. 3.—(1) Where a person who was a member of the Permanent Force on the 1st day of January, 1953, is the holder of a certificate of military service under the Act of 1924, he may, not later than three months after the passing of this Act or the granting of such certificate (whichever is the later), give notice in writing to the Minister that this section is to apply to any pension under the Act of 1924 that may be granted to him. (2) The following provisions shall have effect in relation to a pension under the Act of 1924 granted to a person who has given a notice under this section: (a) in lieu of commencing on the day of such person's discharge from the Permanent Force, the pension shall commence— (i) if the certificate of military service was granted before the 1st day of January, 1953—as from the 1st day of January, 1953, and (ii) if such certificate was granted on or after the 1st day of January, 1953—as from such day (not being earlier than the 1st day of January, 1953, or later than the day immediately preceding the day of such person's discharge from the Permanent Force) as the Minister may appoint, (b) in lieu of being based on the rank referred to in subsection (3) of section 4 of the Act of 1924, the pension shall be based on the substantive rank held by such person on the day of the commencement of the pension, and (c) in calculating the pension; the references in the rules set out in the Second Schedule to the Act of 1924 to the date of discharge shall be construed as references to the day of the commencement of the pension and the last paragraph (beginning with the words “Where an applicant”) of those Rules shall be disregarded. (3) In this section “the Permanent Force” means the force established under Part I of the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923). Withdrawal of certain options. 4.—(1) Where a person has, before the passing of this Act— (a) opted under subsection (2) of section 8 of the Act of 1924 to surrender his pension under the Act of 1924, or (b) opted under subsection (2) of section 20 of the Act of 1934 to surrender his pension under the Act of 1934, such person may, not later than three months after the passing of this Act, give notice in writing to the Minister that he wishes to withdraw the option. (2) Where a person gives a notice under this section— (a) the option to which the notice relates shall stand withdrawn, (b) the withdrawal shall have retrospective effect as from the time when the option was exercised, and (c) the overpayments out of moneys provided by the Oireachtas created by the giving of the notice shall be recovered by non-payment of the pensions of such person to an extent equivalent to the over-payments. (3) In paragraph (c) of subsection (2) of this section “the pensions” means, in relation to a person, either (as may be appropriate)— (a) (i) the pension of such person under the Act of 1924, and (ii) the superannuation allowance, pension or allowance of such person referred to in subsection (2) of section 8 of the Act of 1924 as amended by subsection (1) of section 4 of the Military Service Pensions Act, 1930 (No. 8 of 1930), or (b) (i) the pension of such person under the Act of 1934, and (ii) the superannuation allowance, pension or allowance of such person referred to in subsection (2) of section 20 of the Act of 1934. Amendment of section 4 of Act of 1924. 5.—(1) The reference to discharge contained in subsection (1) of section 4 of the Act of 1924 and the same reference contained in subsection (3) of that section shall each be construed as not including a reference to discharge for the purpose of being appointed to commissioned rank. (2) Where a person was, before the passing of this Act, granted under section 4 of the Act of 1924 a pension under that Act commencing as from the day of his discharge for the purpose of being appointed to commissioned rank, the pension shall stand revoked as from the day from which it became payable. (3) Where— (a) a pension granted under section 4 of the Act of 1924 to a person stands revoked by virtue of subsection (2) of this section, and (b) such person is granted after the passing of this Act under section 4 of the Act of 1924 a new pension under that Act commencing as from a day before the passing of this Act, the following provisions shall have effect: (i) if the aggregate of the payments made in respect of the revoked pension exceeds the aggregate of the arrears of the new pension, the arrears shall not be paid and the excess shall be recovered by nonpayment of the new pension to an extent equivalent to the excess, (ii) if the aggregate of the payments made in respect of the revoked pension equals the aggregate of the arrears of the new pension, the arrears shall not be paid, (iii) if the aggregate of the payments made in respect of the revoked pension is less than the aggregate of the arrears of the new pension, so much only of the arrears shall be paid as is equal to the amount by which the aggregate of the payments made in respect of the revoked pension is less than the aggregate of the arrears of the new pension. Extension of time for making petitions under Act of 1949. 6.—The reference to eighteen months after the passing of the Act of 1949 contained in paragraph (c) of subsection (1) of section 6 of that Act and the same reference contained in paragraph (c) of subsection (1) of section 11 of that Act shall each be construed as a reference to six months after the passing of this Act. Termination of suspensions which may be made in or by reference to pensions. 7.—(1) Subsection (1) of section 8 of the Act of 1924 and subsection (1) of section 20 of the Act of 1934 are hereby repealed. (2) (a) A pension under the Act of 1924 or the Act of 1934 shall be disregarded— (i) in determining whether a suspending provision applies in relation to the pensioner, and (ii) if it is determined that that provision applies in relation to him, in that application. (b) In paragraph (a) of this subsection “suspending provision” means a provision which is made by or under statute and under which the receipt of a pension under the Act of 1924 or the Act of 1934 affects to the detriment of the pensioner qualification for or the receipt or amount of another payment. (c) Nothing in this subsection shall affect— (i) section 7 of the Army Pensions Act, 1943 (No. 14 of 1943), or any joint directions under subsection (9) of that section, or (ii) section 77 , section 105 or section 106 of the Social Welfare Act, 1952 (No. 11 of 1952), or the Seventh Schedule to that Act, or (iii) any provision which is made by or under statute and which prohibits the reckoning of the same period of time both for the purposes of a pension under the Act of 1924 or the Act of 1934 and also for the purposes of any other pension or any superannuation allowance, retired pay, gratuity, lump sum or other superannuation payment. (3) This section shall have effect as on and from the 1st day of January, 1953. Short title and collective citation. 8.—(1) This Act may be cited as the Military Service Pensions (Amendment) Act, 1953. (2) The Military Service Pensions Acts, 1924 to 1949, and this Act may be cited together as the Military Service Pensions Acts, 1924 to 1953. 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