No. 63/1925:

THE GÁRDA SÍOCHÁNA PENSIONS ORDER.

THE GÁRDA SÍOCHÁNA PENSIONS ORDER.

In exercise of the powers conferred on me by Section 8 of the Gárda Síochána Act, 1924, and by Section 13 of the Police Forces Amalgamation Act, 1925 , and of all other powers enabling me in that behalf, I, Caoimhghín O hUigín, Minister for Justice, with the sanction of the Minister for Finance, do hereby order as follows:—

1.—This Order may be cited as the Gárda Síochána Pensions Order, 1925.

2.—(1) In this Order except where the context otherwise requires the following expressions shall have the respective meanings hereby assigned to them:

"The Minister" means the Minister for Justice.

"The Commissioner" means the Commissioner of the Gárda Síochána.

"The Force" means the Gárda Síochána.

"Member of the Force" includes any person who was a member of the force before the date of this Order, as well as any person joining the force on or after that date.

"Rateable deduction" means any deduction made from pay under Article 4 of the Gárda Síochána Pay Order, 1924, or under Article 6 of the Dublin Metropolitan Police Pay Order, 1924, or any similar deduction made from pay under any future Pay Order which may be made under Section 12 of the Police Forces Amalgamation Act, 1925 .

(2) The Interpretation Act, 1923 (No. 46 of 1923) applies to the interpretation of this Order as it applies to the interpretation of an Act of the Oireachtas.

3.—This Order shall apply to all members of the force except those who were serving as members of the Dublin Metropolitan Police prior to the 15th day of March, 1924, and became members of the Gárda Síochána by virtue of the provisions of the Police Forces Amalgamation Act, 1925 .

4.—(1) Subject to the provisions of this Order every member of the force

(a) if he has attained the age of 50 years and has completed the requisite period of approved service specified in paragraph 4 of this Article and has given to the Commissioner 3 months written notice, or such shorter notice as the Commissioner may accept, of his intention to retire, shall be entitled, on the expiration of such notice, without a medical certificate to retire and receive an ordinary pension for life; and

(b) if, having attained the age of 50 years and having completed the requisite period of approved service specified in paragraph 4 of this Article, he is dismissed or required to retire for any cause other than misconduct, shall be entitled to receive an ordinary pension for life; and

(c) if he is compelled to retire on the ground of age, shall be entitled to receive an ordinary pension for life; and

(d) if he has completed 10 years approved service and is incapacitated for the performance of his duty by infirmity of mind or body, shall be entitled on a medical certificate to retire and receive an ordinary pension for life; and

(e) if at any time he is incapacitated for the performance of his duty by infirmity of mind or body occasioned by an injury received in the execution of his duty without his own default, shall be entitled on a medical certificate to retire and receive a special, pension for life; and

(f) if he has not completed 10 years approved service and is incapacitated for the performance of his duty by infirmity of mind or body not occasioned by such injury as aforesaid, shall be entitled on a medical certificate to retire and receive a gratuity.

(2) A Commissioner, Deputy Commissioner, Assistant Commissioner, or Surgeon shall not, except with the consent of the Minister, be entitled to retire without a medical certificate and receive an ordinary pension unless at the time of his retirement he has attained the age of 60 years.

(3) No gratuity shall be payable to a member of the force who retires before the expiration of any period which is treated under the Gárda Síochána Pay Order, 1924, or under the Dublin Metropolitan Police Pay Order, 1924, as being a period of probationary service.

(4) For the purposes of paragraphs 1 (a) and (b) of this Article the requisite period of approved service shall in the case of a member of the force who was serving as such on the date of this Order be twenty-five years, and in the case of a person joining the force after the date of this Order, thirty years.

5.—Subject to the provisions of this Order—

(a) Where a member of the force who has completed 5 years approved service dies whilst serving in the force, or whilst in receipt of a pension from the force, or in consequence of any disease or injury on account of which he retired from the force, his widow shall be entitled to a widow's ordinary pension; and

(b) where in any case a member of the force dies whilst serving in the force from the effects of an injury received in the execution of his duty without his own default, or, having been granted a pension in respect of any such injury, dies from the effects of such injury, his widow shall be entitled to a widow's special pension; and

(c) where a member of the force dies whilst serving in the force and his widow is not entitled to a pension under this Order, his widow shall be entitled to a gratuity; and

(d) where a widow is entitled to a pension under this Order and the Minister and the Minister for Finance are satisfied that there are special reasons for the grant of a gratuity in lieu thereof she may, if she so desires, be granted a gratuity.

6.—Subject to the provisions of this Order—

(a) where a member of the force dies whilst in the force, or, having been granted a pension, dies within 12 months after the grant of the pension, or at any time from the effects of an injury received in the execution of his duty without his own default his children under 16 years of age shall be entitled to allowances until they severally reach the age of 16 years; and

(b) where a child of a member of the force is entitled to an allowance under this Order, and the Minister and the Minister for Finance are satisfied that there are special reasons for the grant of a gratuity in lieu thereof, the Minister for Finance may, if the man's widow, or, if he leaves no widow, the guardian of the child, so desires, grant a gratuity.

7.—Subject to the provisions of this Order—

Where a member of the force dies whilst serving in the force, or, having been granted a pension, dies within twelve months after the grant of the pension, or at any time from the effects of an injury received in the execution of his duty without his own default, any relative who has been wholly or mainly dependent upon him may if the Minister for Finance thinks fit be granted a dependant's gratuity.

Provided that no gratuity shall be payable under this Article in any case in which the deceased member left a widow or child entitled to a pension, allowance, or gratuity under this Order.

8.—The pensions, allowances and gratuities payable under this Order shall be awarded by the Minister for Finance on the recommendation of the Minister, and shall be in accordance with the scales and provisions contained in the First Schedule hereto, and the general rules contained in Part III. of that schedule shall apply to such pensions, allowances and gratuities:

Provided that where a member of the force, or his widow, child, or dependant receives any compensation in respect of the injury or death of the member, whether awarded under the Acts relating to compensation for criminal injuries or awarded or paid otherwise, such compensation may be taken into account in assessing any pension, gratuity or allowance payable in respect of such injury or death, and where the compensation is received after assessment it may be taken into account and the assessment may be amended or cancelled accordingly.

9.—(1) The service of a member of the force for the purpose of this Order shall be subject to such deductions in respect of sickness, misconduct, or neglect of duty as may be made therefrom in pursuance of the rules contained in the Second Schedule to this Order; and the expression "approved service" shall, for the purpose of this Order, mean such service whether before or after the date of this Order as may, after such deductions as aforesaid (if any) be certified by the Commissioner to have been diligent and faithful service, but shall not include service before attaining the age of 20 years, except in the case of a member of the force who before attaining that age is incapacitated for the performance of his duty by infirmity of mind or body occasioned by an injury received in the execution of his duty without his own default.

(2) Where a deduction is made from the service of a member of the force in respect of sickness, misconduct, or neglect of duty, notice of the deduction shall be given to him as soon as may be after the occurrence of the cause for which the deduction is made, and he may appeal to the Commissioner against any act of any superior officer which prevents him from reckoning any period of actual service as approved service and any period of actual service allowed by the Commissioner on such appeal shall be deemed to be approved service.

(3) Where a member of the force had previously served in the Dublin Metropolitan Police and had removed to the Gárda Síochána prior to the 3rd day of April, 1925, his approved service in the Dublin Metropolitan Police, if not less than one year, shall be reckoned for the purposes of this Order as approved service in the Gárda Síochána; provided that no such previous service shall be so reckoned unless the removal to the Gárda Síochána had been made with the written sanction of the Commissioner of the Dublin Metropolitan Police.

(4) Where a member of the force had been serving in the Dublin Metropolitan Police immediately before the commencement of the Police Forces Amalgamation Act, 1925 , and became a member of the Gárda Síochána by virtue of the provisions of that Act, his approved service in the Dublin Metropolitan Police shall be reckoned for the purposes of this Order as approved service in the Gárda Síochána.

(5) Where a member of the force had previously served for a period not being less than one year as a Civil Servant within the meaning of Section 12 of the Superannuation Act, 1887, he shall be entitled to reckon his service in that capacity (other than service before attaining the age of 20 years) as approved service for the purpose of this Order;

Provided that for the purpose of so reckoning such service four years of service as a Civil Servant shall be regarded as equivalent to three years of approved service, and proportionately for any greater or lesser period than four years.

(6) Where a member of the force who has retired from the force without a pension rejoins or has rejoined the force, there shall be reckoned as approved service the period of approved service which he was entitled to reckon at the end of his previous service if he repays the amount of any gratuity which may have been granted to him or of any rateable deductions from his pay which may have been paid to him in respect of his previous service.

(7) Where a member of the force who has been dismissed from the force is subsequently reinstated therein there may be reckoned as approved service the period of approved service, or such lesser period as the Minister with the consent of the Minister for Finance may direct, which, but for his dismissal, he would have been entitled to reckon at the end of his previous service if he repays the amount of any rateable deductions from his pay in respect of his previous service which may have been applied for the benefit of his wife or children.

(8) The member of the force who on the date of this Order holds office as Assistant Commissioner and who formerly served as Deputy Commissioner of the Civic Guard shall be entitled to reckon as approved service for the purposes of this Order the period of his service as Police Advisory Expert from the 18th day of September, 1922, to the 27th day of August, 1923.

10.—(1) Before recommending the grant of a pension or gratuity on the ground that a member of the force is incapacitated by infirmity of mind or body for the performance of his duty, the Minister shall be satisfied by the evidence of some duly qualified medical practitioner or practitioners selected by him, with the approval of the Minister for Finance, that the member is so incapacitated, and that the incapacity is likely to be permanent.

(2) Where the application is for a special pension, the Minister and the Minister for Finance shall also be satisfied that the injury was received in the execution of duty, that it was received without the default of the applicant, and that the infirmity is attributable to the injury, and shall determine whether the injury was accidental or not, and the degree of disablement; and, for the purpose of determining any of the said questions which ought to be determined on medical grounds, shall take the like evidence as above mentioned.

(3) Where any pension is granted on the ground of incapacity for the performance of duty, the Minister for Finance shall, yearly or otherwise, until the power under this Article of requiring the pensioner to serve again ceases, satisfy himself that the incapacity continues, and, unless he decides that such evidence is unnecessary, shall satisfy himself by the like evidence as above mentioned.

(4) In the event of the incapacity ceasing before the time at which the pensioner would, if he had continued to serve, have been entitled without a medical certificate to retire and receive an ordinary pension for life, his pension may be cancelled by the Minister for Finance, with the consent of the Minister, and he may be required to serve again in the force, in a rank not lower than the rank which he held before his retirement and at a rate of pay not less than that on which his pension was calculated.

(5) Where a pensioner so serves again, the provisions of this Order shall apply as if he had not previously retired save that, except where the pension was granted in respect of a non- accidental injury received in the execution of duty, he shall not reckon as approved service the time which elapsed between his former retirement and the recommencement of his service.

(6) Any special pension shall be granted for such period as may be fixed by the Minister for Finance on the recommendation of the Minister, and, if at the expiration of that period the degree of disablement is unaltered, the pension shall, at the discretion of the Minister for Finance, be either renewed from time to time or made permanent. If within five years of the pensioner's retirement, or at any time before the pension is made permanent. the Minister and the Minister for Finance are satisfied by the evidence of a duly qualified medical practitioner that the degree of the pensioner's disablement has substantially altered, the pension shall be reassessed according to the degree of disablement.

(7) If a member of the force or pensioner refuses, or wilfully or negligently fails, when required by the Minister or by the Minister for Finance, to be examined by some duly qualified medical practitioner selected as aforesaid, the Minister for Finance may, on the recommendation of the Minister, deal with him in all respects as if he was satisfied by the evidence of such a practitioner as to whether the member is incapacitated for the performance of duty or, as the case may be, as to the degree of his disablement.

11.—Where a member of the force retires on account of infirmity of mind or body, and the Minister and the Minister for Finance are satisfied on Medical evidence that the member has brought about or contributed to the infirmity by his own default or his vicious habits, the Minister for Finance may, on the recommendation of the Minister, reduce the amount of his pension or gratuity by an amount not exceeding one-half of that to which he would be otherwise entitled.

12.—1—The following provisions shall have effect with respect to every pension, allowance and gratuity (in this Article referred to as a grant) payable under this Order to any person (in this Article referred to as the pensioner):—

(1) Every assignment of and charge on a grant, and every agreement to assign or charge a grant, shall, except so far as made for the benefit of the family of the pensioner, be void, and on the bankruptcy of the pensioner the grant shall not pass to any trustee or other person acting on behalf of the creditors.

(2) Where any sum is due from the pensioner to the State, or to any Minister or Department of the State, the amount of any such sum may be deducted from the grant.

(3) On the death of a pensioner to whom a sum not exceeding one hundred pounds is due on account of a grant, then, if the Minister for Finance so directs, probate or other proof of the title of the personal representative of the deceased may be dispensed with and the sum may be paid or distributed to or among the persons appearing to the Minister for Finance to be beneficially entitled to the personal estate of the deceased pensioner or to or among any one or more of these persons, or in the case of illegitimacy of the deceased pensioner, to or among such persons as the Minister for Finance may think fit, and the Minister for Finance and the person making the payment shall be discharged from all liability in respect of any such payment or distribution.

(4) If the Minister for Finance is satisfied on the certificate of a duly qualified medical practitioner that a pensioner is unable by reason of mental disability to manage his or her affairs he may apply the grant for the benefit of the pensioner or of the pensioner's dependants (if any) in such manner as he may think fit, and the Minister for Finance and the person making the payment shall be discharged from all liability in respect of any payment so made.

(5) Every grant which is a pension or allowance (other than a pension or allowance payable to an officer of higher rank than a Chief Superintendent or to the widow or children of such officer) shall be paid, after the first instalment, in advance, except in the case of a refusal to quit public quarters or to give up any equipment or to make any payment due to the State or to any Minister or Department of the State but, where a person dies whilst in receipt of a grant paid in advance, no return shall be required of any payments which have been made in respect of any period after his death.

13.—(1) A pension or allowance under this Order is granted only upon condition that it becomes forfeited and may be withdrawn by the Minister for Finance on the recommendation of the Minister, in any of the following cases, that is to say, if the grantee—

(a) is convicted of any offence and is sentenced to penal servitude or to imprisonment for a term exceeding three months; or

(b) knowingly associates with thieves or reputed thieves; or

(c) refuses to give to the Gárda Síochána all information and assistance in the power of the grantee, for the detection of crime, for the apprehension of criminals, or for the suppression of any disturbance of the public peace; or

(d) enters into or continues to carry on any business, occupation or employment which is illegal, or in which the grantee has made use of the fact of former employment in the force in a manner which the Minister considers to be discreditable or improper; or

(e) supplies to any person or publishes in a manner which the Minister considers to be discreditable or improper any information which the grantee may have obtained in the course of employment in the force; or

(f) solicits, or, without the consent of the Commissioner, accepts directly or indirectly any testimonial or gift of a pecuniary value on retirement from the force, or otherwise in connection with his service in the force; or

(g) enters into or continues in any business, occupation, or employment as a private detective, after being prohibited to do so by the Minister on any reasonable grounds.

(2) Such forfeiture and withdrawal may affect the pension or allowance wholly or in part, and may be permanent or temporary as the Minister for Finance, on the recommendation of the Minister, may determine.

14.—(1) Where a person in receipt of a pension under this Order takes service in any police force or is appointed to any office remunerated out of moneys provided by Parliament or which is a public office within the meaning of the Superannuation Act, 1892, or any amendment thereof, the Minister for Finance may suspend his pension in whole or in part so long as he remains in that service or office.

(2) The Minister for Finance may cancel or reduce the pension which would otherwise have been payable under this Order to a widow, if the widow is in receipt of a pension from some police or other authority in respect of any such service or appointment as aforesaid taken or held by her husband, and may, in like circumstances, cancel or reduce any allowances which would otherwise have been payable to a child.

(3) The Minister for Finance may cancel or reduce the pension which would otherwise have been payable under this Order to a widow if the widow is in receipt of a pension in respect of any service by her husband in another police force prior to his joining the force.

For the purposes of this article " Parliament " shall include the Oireachtas of Saorstát Eireann or the Parliament of Great Britain or the Parliament of Northern Ireland.

15.—(1) Where a member of the force, not having been dismissed or required to retire as an alternative to dismissal, leaves the force without a pension or gratuity, the Minister, except where the member leaves in such circumstances as will enable him to reckon his approved service in the force for the purpose of pension, shall pay him the whole of any rateable deductions which have been made from his pay.

(2) Where a member of the force is required to retire as an alternative to dismissal for misconduct the Minister may, with the consent of the Minister for Finance, pay to him the whole or any part of any rateable deductions which have been made from his pay, or apply the same in such manner as he thinks fit for the benefit of the member's wife or children (if any), and, where a member of the force is dismissed for misconduct the Minister may, with the consent of the Minister for Finance, apply the whole or any part of such rateable deductions in such manner as he thinks fit for the benefit of his wife or children (if any).

16.—The provisions of this Order shall apply to the Commissioner in like manner, so nearly as circumstances admit, as they apply to any other member of the force, except that references to the Commissioner (other than the reference in paragraph 2 of Article 4) shall, be read as references to the Minister.

17. For the purposes of this Order—

(1) The expression " Total Disablement " means total loss of earning capacity in any employment, and, in the case of partial disablement, the degree of disablement shall be based upon the degree to which earning capacity is affected.

(2) Any injury suffered by a member of the force:

(a) Whilst on duty or whilst on a journey necessary to enable him to report for duty or to return home after duty; or

(b) Whilst not on duty in the performance of some act which is within the scope of the ordinary duties of a member of the force; or

(c) In consequence of some act performed in the execution of his duty; or

(d) Whilst acting as a fireman, or assisting in the extinguishment of fire, or in protecting life or property from fire;

shall be deemed to have been suffered in the execution of his duty.

(3) Any injury intentionally inflicted, or incurred in the performance of a duty involving special risks, shall be deemed to be a non-accidental injury.

18.—If a person obtains or attempts to obtain for himself or for any other person—

(a) any pension, gratuity, or allowance under this Order, or any payment on account thereof; or

(b) the return of any rateable deductions from the pay of a member of the force,

by means of any false declaration, false certificate, false representation, false evidence, or personation, or by malingering or feigning disease or infirmity, or by maiming or injuring himself, or causing himself to be maimed or injured, or otherwise producing disease or infirmity, or by any other fraudulent conduct, he shall be liable on conviction on indictment to imprisonment for a term not exceeding two years, or on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding twenty-five pounds, and in either case to forfeit any pension, gratuity, allowance or other sum so obtained.

19.—Nothing in this Order shall prejudice any right of dismissing a member of the force, or requiring him to retire as an alternative to dismissal, or reducing him to any lower rank or lower rate of pay, or shall prevent his claim to pension from being refused on account of misconduct, or on account of any of the grounds on which his pension, if granted, would be liable to be forfeited and withdrawn, or shall prevent a pension being granted of less amount than otherwise would have been granted where his defaults or demerits warrant such a course.

Dated this 19th day of October, 1925.

C. Ó hUIGÍN,

Minister for justice.

I hereby sanction the foregoing Order and the Schedules thereto.

EARNÁN DE BLAGHD,

Minister for Finance.

Dated this 19th day of October, 1925.

FIRST SCHEDULE.

SCALES OF PENSIONS, ALLOWANCES AND GRATUITIES.

PART I.

MEMBERS OF THE FORCE.

A. Ordinary Pensions.

Scale.

1/60th of the annual pay for every completed year of approved service with an additional 1/60th of the annual pay for the 21st and every subsequent completed year of approved service but so that the pension shall not exceed two-thirds of the annual pay.

B. Special Pensions.

1. On total disablement from an injury received in the execution of duty—

(a) if the injury is non-accidental, such proportion of the annual pay as is specified in scale number 1 set out in the subjoined table;

(b) if the injury is accidental, such proportion of the annual pay as is specified in scale number 2 in the said table;

(c) if it is not possible to determine definitely whether the injury is accidental or non-accidental, such rate intermediate between the rates prescribed in the preceding paragraphs (a) and (b) as the Minister for Finance, on the recommendation of the Minister may determine.

2. On partial disablement from an injury received in the execution of duty—such proportion of the pension applicable in case of total disablement as the degree of disablement bears to total disablement;

Provided that the pension shall not be less than such proportion of the annual pay as is specified, if the injury was non-accidental, in scale number 3 in the subjoined table, and otherwise in scale number 4 in the said table.

C. Gratuities.

On retirement with Medical Certificate with less than ten years' approved service—the gratuity shall be an amount equal to one-twelfth of the annual pay for each completed year of approved service, or, where a member of the force has not completed one year of approved service, an amount equal to the rateable deductions which have been made from his pay.

TABLE.

SCALES OF PENSIONS.

PROPORTION OF PENSION TO PAY ON RETIREMENT.

PART II

WIDOWS, CHILDREN AND DEPENDANTS.

A. Widows' Pensions.

1. Widow's Ordinary Pension.—The pension shall be the amount specified under (i) or (ii) of the following scales whichever is the greater, that is to say:—

Scale (i)—If her husband was a Guard, Sergeant or Station-Sergeant at the time of his death or retirement, at the rate of £30 a year; if he was an inspector at the time of his death or retirement at the rate of £40 a year; if he was of higher rank at the time of his death or retirement at the rate of £50 a year.

Scale (ii)—An amount ascertained according to the length of her husband's service and his annual pay at the time of his death or retirement as follows:—

subject, however, in the case of the widow of a pensioner, to a deduction equal to twenty-five per cent. of the amount for each complete year for which her husband's pension had been drawn.

2. Widow's Special Pension.—The pension shall be equal to one-third of her husband's annual pay at the time of his death or retirement.

B. Widows' Gratuities.

The gratuity shall be of such amount as the Minister for Finance, on the recommendation of the Minister, shall determine, but not exceeding one-twelfth of her husband's annual pay for each completed year of approved service, or where he had not completed one year of approved service, the amount of the rateable deductions which have been made from his pay.

C. Children's Allowances.

1. Member of the force or pensioner dying as the result of non accidental injury received in the execution of duty.—The allowance in respect of each child who has not attained the age of sixteen years shall be an annual allowance, up to the time that the child attains the age of sixteen years, at the rate of one-fifteenth of the annual pay; and, if he leaves no widow or the widow dies before all the children attain the age of sixteen years, the allowance may be increased up to two-fifteenths of such pay in respect of each child under sixteen years, but in any case the aggregate amount paid in any year by way of children's allowances when added to the widow's pension, if any, shall not exceed two-thirds or such pay.

2. Member of the force or pensioner dying from any other cause.— The allowance in respect of each child who has not attained the age of sixteen years shall be an annual allowance up to the time that the child attains the age of sixteen years at the rate of:—

£10 in the case of a person who was a Guard, Sergeant or Station-Sergeant at the time of his death or retirement;

£12 in the case of a person who was an Inspector at the time of his death or retirement;

£15 in the case of a person who was of a higher rank at the time of his death or retirement.

Provided that the aggregate amount of such allowances in any year shall not exceed £30, £40 and £50 in the three cases respectively; but if he leaves no widow, or if the widow dies before all the children attain the age of sixteen years, the actual allowance or allowances and the aggregate amount of any allowances may be increased by fifty per cent. above the sums hereinbefore mentioned.

D. Children's Gratuities.

The gratuity shall be of such amount as the Minister for Finance, on the recommendation of the Minister, may determine, not exceeding one-sixtieth of the annual pay for each completed year of approved service of the member of the force or pensioner, or, where he had not completed one year of approved service, not exceeding one-sixtieth of the annual pay, so that the total amount of any gratuity or gratuities granted to the children or to the widow and children does not exceed one-twelfth of the annual pay for each completed year of approved service; and the total amount of any gratuities granted to the children shall not, in any case, exceed the annual pay.

E. Dependants' Gratuities.

The total amount of any gratuity or gratuities payable to a dependant or dependants of a member of the force or of a pensioner shall not exceed the amount of any rateable deductions which have been made from his pay.

PART III.

GENERAL RULES.

1. The same person shall not be entitled, unless expressly so provided in this Order, to a gratuity in addition to a pension or allowance, or to both an ordinary pension and a special pension.

2. A gratuity shall be paid in one sum, except that in special cases it may be paid by instalments or applied on behalf of the grantee if the Minister for Finance considers that it would be to the advantage of a widow, child or dependant to do so; and a child's allowance or gratuity or a dependant's gratuity may be paid to a guardian or trustee if the Minister for Finance considers that it would be to the advantage of the child or dependant to do so.

3. If the widow of a member of the force was at the time of his death living apart from her husband (not having been deserted by him), a pension or gratuity shall be paid to her only if the Minister for Finance is satisfied that the husband regularly contributed to her support; and the amount of a pension shall not, in such a case, exceed the amount which the husband contributed.

4. The widow and children of a pensioner shall not receive any pension allowance or gratuity unless the marriage took place before he retired on pension.

5. The pension of the widow of a member of the force to whom a gratuity has been granted on retirement shall be payable as from such date after his death as the Minister for Finance may determine, and the pension of the Widow of a pensioner shall be payable as from the end of the last period in respect of which her husband's pension was paid.

6. The payment of a widow's pension or the balance of a widow's gratuity shall, if at any time she re-marries, be suspended, but, in the event of her again becoming a widow, shall be resumed on proof to the satisfaction of the Minister and of the Minister for Finance that her circumstances are such that the pension or balance of gratuity is necessary for her support, and that she is of good character, and deserving of bounty out of public funds.

7. A widow's pension or the balance of a widow's gratuity shall be payable only so long as she is of good character.

8. In calculating any pension, gratuity or allowance, for the purposes of this Order, " annual pay " means annual pay at the date of death or retirement as the case may require:

Provided that:—

(1) Where a member of the force at the date of his retirement or death holds a rank to which he has been promoted within the three preceding years, his annual pay at the date of the retirement or death shall be deemed to be the average annual amount of pay received by him for the said three years, instead of the annual amount actually received by him at that date, so, however, that the pension, allowance or maximum gratuity payable shall not be less than if he had continued in his former rank; and

(2) Where the pay at the date of death or retirement was weekly pay, the amount of the annual pay shall be deemed to be fifty-two times the amount of the weekly pay.

SECOND SCHEDULE.

RULES WITH RESPECT TO DEDUCTIONS FROM APPROVED SERVICE FOR SICKNESS, MISCONDUCT, OR NEGLECT OF DUTY.

1. A member of the force who on account of illness or for other cause (not being an injury suffered in the execution of his duty) is allowed leave of absence or suspended, and who does not subsequently resume the performance of his regular duties for one month at least, is not entitled to have the time of such absence or suspension reckoned as part of his period of approved service.

2. A member of the force who is suspended for a week, or longer, on account of misconduct is not entitled to have the time of such suspension reckoned as part of his period of approved service unless he is reinstated with pay during suspension.

3. A member of the force who is absent from duty without leave is not entitled to have the time of absence reckoned as part of his period of approved service.