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Defence Forces (Pensions) (Amendment) Act, 1938

In short

This law amends and expands the Defence Forces (Pensions) Act, 1932, primarily by clarifying who qualifies as an "officer of the Forces" for pension purposes and when pensions for widows and children can begin.

What it regulates

Who it concerns

Key points

📄 Legal text
Defence Forces (Pensions) (Amendment) Act, 1938 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 1938 Defence Forces (Pensions) (Amendment) Act, 1938 Defence Forces (Pensions) (Amendment) Act, 1938 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 33 of 1938. DEFENCE FORCES (PENSIONS) (AMENDMENT) ACT, 1938. ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. Extension of meaning of expression “officer of the Forces.” 3. Commencement of pensions to widows and children of certain deceased officers. 4. Retrospective amendment of pensions schemes. 5. Grant of pensions. 6. Short title. Act Referred to Defence Forces (Pensions) Act, 1932 No. 26 of 1932 Number 33 of 1938. DEFENCE FORCES (PENSIONS) (AMENDMENT) ACT, 1938. AN ACT TO AMEND AND EXTEND THE DEFENCE FORCES (PENSIONS) ACT, 1932 . [14th December, 1938.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— Definitions. 1.—In this Act— the expression “the Principal Act” means the Defence Forces (Pensions) Act, 1932 (No. 26 of 1932); the expressions “the Forces” and “pension scheme” have the same meanings as those expressions respectively have in the Principal Act. Extension of meaning of expression “officer of the Forces.” 2.—For the purposes of the Principal Act, the meaning of the expression “officer of the Forces” is hereby extended so as to include— (a) a person who was an officer of the Forces at any time during the period commencing on the 16th day of December, 1932, and ending on the 26th day of October, 1937, and who, during such period and while he was such officer, was appointed to be a member of the Gárda Síochána, and (b) a person who died between the 16th day of December, 1932, and the 26th day of October, 1937, and who was, at the date of his death, serving as an officer of the Forces, and (c) a person who died on the 12th day of January, 1935, and who resigned his commission as an officer of the Forces on the 11th day of January, 1935. Commencement of pensions to widows and children of certain deceased officers. 3.—(1) Where— (a) a person who died between the 16th day of December, 1932, and the 26th day of October, 1937, was at the date of his death serving as an officer of the Forces, and (b) a pension is granted under a pension scheme to the widow or a child of such person, such pension scheme may provide that such pension shall commence to be payable as on and from the day after the day on which such person died. (2) Where— (a) a person who died on the 12th day of January, 1935, resigned his commission as an officer of the Forces on the 11th day of January, 1935, and (b) a pension is granted under a pension scheme to the widow or a child of such person, such pension scheme may provide that such pension shall commence to be payable as on and from the 13th day of January, 1935. Retrospective amendment of pensions schemes. 4.—Where a pension scheme (in this section referred to as the previous scheme) is amended by a subsequent pension scheme, any amendment of the previous scheme may be expressed to be operative from such date (not earlier than the coming into force of the previous scheme) as may be specified in such subsequent pension scheme. Grant of pensions. 5.—Where a pension or gratuity may be granted to any person under a pension scheme (whether such scheme has come into force before or after the passing of this Act) the Minister for Defence may, in his absolute discretion, either make (subject to the previous consent of the Minister for Finance) such grant or refuse to make such grant. Short title. 6.—(1) This Act may be cited as the Defence Forces (Pensions) (Amendment) Act, 1938. (2) The Principal Act and this Act may be cited together as the Defence Forces (Pensions) Acts, 1932 and 1938. 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