Military Service Pensions (Amendment) (No. 2) Act, 1945

What is this act about?

This law amends previous Military Service Pensions Acts from 1924 and 1934, primarily by changing how military service pensions are suspended when the recipient also receives other public money. It also clarifies certain definitions related to these pensions.

Who it applies to: Recipients of military service pensions; Individuals receiving remuneration, pensions, or allowances from public moneys.

At a glance

Country: Ireland
Area of law: Social security
Articles: 5
Source: irishstatutebook.ie
Text retrieved: 2026-06-17
Explanation updated: 2026-07-07

What does this act regulate?

The calculation of how military service pensions are suspended.
The definition of remuneration and allowances that affect pension suspension.
An amendment to a specific paragraph in the 1934 Act concerning deportation.
The effective dates for these changes.

Who does this act apply to?

Recipients of military service pensions.
Individuals receiving remuneration, pensions, or allowances from public moneys.
Members of the Gárda Síochána receiving certain allowances.

What are the key points?

The suspension of military service pensions is calculated based on a new Third Schedule, with suspension percentages ranging from 0% to 100% depending on the annual amount of other public moneys received.
If the annual amount of other public moneys does not exceed £250, there is no suspension of the military service pension.
The calculation of suspension ensures that the total amount received (public moneys plus pension) is not less than what would be received at the maximum of the immediately preceding income limit.
Certain expenses necessarily incurred in performing duties and specific allowances for Gárda Síochána members are excluded when calculating remuneration or allowances for pension suspension.

Social security

Old Age Pension Act, 1924

Superannuation and Pensions Act, 1923

Social Welfare Act, 1974

Sea Fisheries Act, 1931

British-Irish Agreement (Amendment) Act, 2002

Vocational Education (Amendment) Act, 1947

Connaught Rangers (Pensions) Act, 1936

Courts of Justice and Court Officers (Superannuation) Act, 1961

Social security

Legal text

Contents (5)

Section 1
Section 2
Section 3
Section 4
Section 5

Military Service Pensions (Amendment) (No. 2) Act, 1945 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 1945 Military Service Pensions (Amendment) (No. 2) Act, 1945 Military Service Pensions (Amendment) (No. 2) Act, 1945 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 34 of 1945.

MILITARY SERVICE PENSIONS (AMENDMENT) (No. 2) ACT, 1945.

ARRANGEMENT OF SECTIONS Section

Section 1

Definitions.

Section 2

Amendment of section 8 of the Act of 1924.

Section 3

Amendment of section 2 of the Act of 1934.

Section 4

Amendment of section 20 of the Act of 1934.

Section 5

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, 1944 No. 5 of 1944 Police Forces Amalgamation Act, 1925 No. 7 of 1925 Number 34 of 1945.

MILITARY SERVICE PENSIONS (AMENDMENT) (No. 2) ACT, 1945.

AN ACT TO AMEND THE MILITARY SERVICE PENSIONS ACTS, 1924 TO 1945. [20th November, 1945.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— Definitions.

1.—In this Act— the expression “the Act of 1924” means the Military Service Pensions Act, 1924 (No. 48 of 1924); the expression “the Act of 1934” means the Military Service Pensions Act, 1934 (No. 43 of 1934); the expression “the Amending Act of 1944” means the Military Service Pensions (Amendment) Act, 1944 (No. 5 of 1944).

Amendment of section 8 of the Act of 1924.

2.—(1) Subsection (1) of section 8 of the Act of 1924, as amended by section 2 of the Amending Act of 1944, shall have effect as if, for the Third Schedule to the Act of 1924, there were substituted the following:— “THIRD SCHEDULE.

Calculation of Suspension of Pensions.

1.The extent to which payment of a pension shall be suspended under section 8 of this Act shall be as follows, that is to say:— Where the annual amount of the remuneration, pension, or allowance payable out of public moneys— A Does not exceed £250 Nil B Exceeds £250 but does not exceed £300 10% C ” £300 ” ” ” ” £350 15% D ” £350 ” ” ” ” £400 20% E ” £400 ” ” ” ” £450 25% F ” £450 ” ” ” ” £500 30% G ” £500 ” ” ” ” £550 40% H ” £550 ” ” ” ” £600 50% I ” £600 ” ” ” ” £700 60% J ” £700 ” ” ” ” £800 70% K ” £800 ” ” ” ” £900 80% L ” £900 ” ” ” ” £1,000 90% M ” £1,000 100% 2. Where the total of the amounts payable to any person out of public moneys as aforesaid and the amount payable to such person under this Act within the limits specified at B, C, D, E, F, G, H, I, J, K, L or M of paragraph 1 of this Schedule would under the terms of the said paragraph be less than the amount which such person would receive if the amount payable to him out of public moneys as aforesaid was at the maximum of the limit immediately preceding, then and in every such case the extent of the suspension of his military service pension shall be reduced so that the total of the amount aforesaid and of his pension shall not be less than that which he would receive if the amount aforesaid was at the maximum of the limit immediately preceding.”

(2)The references to remuneration or to an allowance in subsection (1) of section 8 of the Act of 1924, and in the Third Schedule to the Act of 1924, as amended by subsection (1) of this section, shall be construed as excluding references to— (a) so much of remuneration or an allowance payable to any person as is shown to the satisfaction of the Minister for Defence by that person to have been necessarily expended by him in the performance of the duties in respect of which the remuneration or allowance is payable, (b) any allowance payable to a member of the Gárda Síochána under an order made under section 12 of the Police Forces Amalgamation Act, 1925 (No. 7 of 1925).

(3)Subsections (1) and (2) of this section shall be deemed to have come into operation on, and shall have effect as on and from the 1st day of April, 1945.

Amendment of section 2 of the Act of 1934.

3.—(1) Paragraph (a) of subsection (2) of section 2 of the Act of 1934 is hereby amended by the insertion, after the word “deportation” of the words and figures “under the Aliens Restriction Act, 1914, or any order made thereunder or”.

(2)Subsection (1) of this section shall be deemed to have come into operation on, and shall have effect as on and from the 13th day of September, 1934.

Amendment of section 20 of the Act of 1934.

4.—(1) Subsection (1) of section 20 of the Act of 1934, as amended by section 3 of the Amending Act of 1944, shall have effect as if, for the Third Schedule to the Act of 1934, there were substituted the following:— “THIRD SCHEDULE.

Calculation of Suspension of Pensions.

1.The extent to which payment of a pension under this Act shall be suspended under section 20 of this Act shall be as follows, that is to say:— Where the annual amount of the remuneration, pension, or allowance payable out of public moneys— A Does not exceed £250 Nil B Exceeds £250 but does not exceed £300 10% C ” £300 ” ” ” ” £350 15% D ” £350 ” ” ” ” £400 20% E ” £400 ” ” ” ” £450 25% F ” £450 ” ” ” ” £500 30% G ” £500 ” ” ” ” £550 40% H ” £550 ” ” ” ” £600 50% I ” £600 ” ” ” ” £700 60% J ” £700 ” ” ” ” £800 70% K ” £800 ” ” ” ” £900 80% L ” £900 ” ” ” ” £1,000 90% M ” £1,000 100% 2. Where the total of the amounts payable to any person out of public moneys as aforesaid and the amount payable to such person under this Act within the limits specified at B, C, D, E, F, G, H, I, J, K, L or M of paragraph 1 of this Schedule would under the terms of the said paragraph be less than the amount which such person would receive if the amount payable to him out of public moneys as aforesaid was at the maximum of the limit immediately preceding, then and in every such case the extent of the suspension of his military service pension shall be reduced so that the total of the amount aforesaid and of his pension shall not be less than that which he would receive if the amount aforesaid was at the maximum of the limit immediately preceding.”

(2)The references to remuneration or to an allowance in subsection (1) of section 20 of the Act of 1934 and in the Third Schedule to the Act of 1934, as amended by subsection (1) of this section, shall be construed as excluding references to— (a) so much of remuneration or an allowance payable to any person as is shown to the satisfaction of the Minister for Defence by that person to have been necessarily expended by him in the performance of the duties in respect of which the remuneration or allowance is payable, (b) any allowance payable to a member of the Gárda Síochána under an order made under section 12 of the Police Forces Amalgamation Act, 1925 (No. 7 of 1925).

(3)Subsections (1) and (2) of this section shall be deemed to have come into operation on, and shall have effect as on and from the 1st day of April, 1945.

Short title and collective citation.

5.—(1) This Act may may be cited as the Military Service Pensions (Amendment) (No. 2) Act, 1945.

(2)The expression “the Military Service Pensions Acts, 1924 to 1945” shall be construed as including this Act.

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