Military Service Pensions Act, 1930
What is this act about?
This law clarifies and amends the Military Service Pensions Act of 1924, primarily by making the findings of the board of assessors final and conclusive, and by defining "rank" for pension purposes. It also extends the rules against receiving multiple pensions.
Who it applies to: Persons applying for or receiving military service pensions; The board of assessors constituted under the Military Service Pensions Act, 1924.
At a glance
- Country
- Ireland
- Area of law
- Social security
- Articles
- 5
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- The finality and conclusiveness of findings made by the board of assessors under the Military Service Pensions Act, 1924.
- The definition of "rank" for the purpose of calculating military service pensions.
- The prohibition against receiving double pensions, specifically extending it to include pensions granted under Section 5 of the Superannuation and Pensions Act, 1923.
- The re-assessment of certain pensions by the Minister for Finance.
Who does this act apply to?
- Persons applying for or receiving military service pensions.
- The board of assessors constituted under the Military Service Pensions Act, 1924.
- The Minister for Finance.
What are the key points?
- Findings of the board of assessors are final and conclusive and binding on all persons and tribunals whatsoever, including those made before this Act.
- "Rank" for pension purposes means substantive rank only, not acting rank, and has always been interpreted this way.
- The prohibition against double pensions now includes pensions or allowances granted under Section 5 of the Superannuation and Pensions Act, 1923.
- The Minister for Finance may re-assess certain pensions granted under Section 5 of the Superannuation and Pensions Act, 1923, but cannot increase them beyond the legal maximum.
Social security
Legal text
Legal text
Military Service Pensions Act, 1930 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 1930 Military Service Pensions Act, 1930 Military Service Pensions Act, 1930 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 8 of 1930.
MILITARY SERVICE PENSIONS ACT, 1930.
ARRANGEMENT OF SECTIONS Section
Section 1
Definitions.
Section 2
Finality of findings of board of assessors.
Section 3
Rank for purposes of pension.
Section 4
Extension of prohibition against double pensions.
Section 5
Short title and citation.
Acts Referred to Superannuation and Pensions Act, 1923 No. 34 of 1923 Military Service Pensions Act, 1924 No. 48 of 1924 Number 8 of 1930.
MILITARY SERVICE PENSIONS ACT, 1930.
AN ACT TO MAKE THE FINDINGS MADE OR TO BE MADE BY THE BOARD OF ASSESSORS CONSTITUTED UNDER THE MILITARY SERVICE PENSIONS ACT, 1924 , FINAL AND CONCLUSIVE AND BINDING ON ALL PERSONS AND TRIBUNALS WHATSOEVER TO EXPLAIN
SECTION 4
OF THE SAID ACT AND THE SECOND SCHEDULE TO THE SAID ACT AND TO AMEND THE PROVISIONS OF THE SAID ACT PROHIBITING DOUBLE PENSIONS. [15th April, 1930.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— Definitions.
1.—In this Act— the expression “the Principal Act” means the Military Service Pensions Act, 1924 (No. 48 of 1924); and the expression “military service pension” means a pension granted under the powers contained in the Principal Act.
Finality of findings of board of assessors.
2.—So much of sub-section (6) of section 3 of the Principal Act as enacts that the findings of the board of assessors set out in their report shall in all cases be final and conclusive and binding upon the applicant is hereby repealed and in lieu thereof it is hereby enacted that such findings as so set out shall be and, in the case of findings set out in a report made before the passing of this Act, be deemed always to have been final and conclusive and binding on all persons and tribunals whatsoever, but subject and without prejudice to the power of the board of assessors to reopen any such findings under the proviso to the said sub-section (6).
Rank for purposes of pension.
3.—(1) In sub-section (3) of section 4 of the Principal Act the word “rank” shall mean and be deemed always to have meant substantive rank only and not to have included acting rank and the said sub-section shall be construed and shall have and be deemed always to have had effect accordingly.
Extension of prohibition against double pensions.
4.—(1) The references contained in sub-section (2) of section 8 of the Principal Act to a superannuation allowance under the Superannuation Acts, 1834 to 1923, shall be construed as including a pension or allowance granted under section 5 of the Superannuation and Pensions Act, 1923 (No. 34 of 1923), and the said sub-section (2) shall have effect accordingly.
Short title and citation.
5.—This Act may be cited as the Military Service Pensions Act, 1930, and the Military Service Pensions Acts, 1924 and 1925, and this Act may be cited together as the Military Service Pensions Acts, 1924 to 1930.
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