No. 234/1938:

GÁRDA SÍOCHÁNA PENSIONS (No. 2) ORDER, 1938.

GÁRDA SÍOCHÁNA PENSIONS (No. 2) ORDER, 1938.

WHEREAS by Section 13 of the Police Forces Amalgamation Act, 1925 (No. 7 of 1925), power is conferred on the Minister for Justice, with the sanction of the Minister for Finance, from time to time by order to authorise the grant and payment of pensions, allowances, and gratuities to members of the Gárda Síochána and to their widows, children, and dependants:

AND WHEREAS it is enacted by sub-section (3) of the said Section 13 that every order in force immediately before the commencement of the said Act authorising the grant or payment of pensions, allowances, or gratuities to members of the Dublin Metropolitan Police or their widows, children, or dependants shall, until varied by an order made under that section and subject to any such variation, continue to apply with certain modifications to members of the Gárda Síochána who immediately before the commencement of the said Act were members of the Dublin Metropolitan Police:

AND WHEREAS the Gárda Síochána Pensions Order, 1925, the Gárda Síochána Pensions Order, 1930, and the Gárda Síochána Pensions Order, 1938, were made by the Minister for Justice under the powers conferred on him by the said Section 13 of the Police Forces Amalgamation Act, 1925 :

AND WHEREAS the Dublin Metropolitan Police Pensions Orders, 1922 and 1924, authorising the payment of pensions, allowances, and gratuities to members of the Dublin Metropolitan Police and their widows, children, and dependants were in force immediately before the commencement of that Act and are still in force subject to certain variations made therein by the said Gárda Síochána Pensions Order, 1930:

NOW, I, PATRICK RUTTLEDGE, Minister for Justice, in exercise of the powers conferred on me by Section 13 of the Police Forces Amalgamation Act, 1925 (No. 7 of 1925), and of every and any other power me in this behalf enabling, do, with the sanction of Sean MacEntee, Minister for Finance, testified by his signature hereto, hereby order as follows:—

1. This Order may be cited as the Gárda Síochána Pensions (No. 2) Order, 1938.

2. The Gárda Síochána Pensions Order, 1925, (Statutory Rules and Orders, No. 63 of 1925), the Gárda Síochána Pensions Order, 1930, the Gárda Síochána Pensions Order, 19938 (Statutory Rules and Orders, No. 82 of 1938) and this Order may be cited together as the Gárda Síochána Pensions Orders, 1925 to 1938.

3. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

4. In this Order—

the expression " the Minister " means the Minister for Justice,

the expression " the force " means the Gárda Síochána,

the expression " the act of 1925 " means the Police Forces Amalgamation Act, 1925 (No. 7 of 1925),

the expression " the Order of 1922 " means the Dublin Metropolitan Police Pensions Order, 1922, as amended or varied by the Dublin Metropolitan Police Pensions Order, 1924, the Gárda Síochána Pensions Order, 1930, and this Order,

the expression " the Order of 1925 " means the Gárda Síochána Pensions Order, 1925, as amended by the Gárda Síochána Pensions Order, 1930, the Gárda Síochána Pensions Order, 1938, and this Order,

the expression " the Principal Orders " means whichever of the following groups of Orders is applicable in each case that is to say:—

(a) the Dublin Metropolitan Police Pensions Orders, 1922 and 1924, as varied by the Gárda Síochána Pensions Order, 1930, or

(b) the Gárda Síochána Pensions Order, 1925, the Gárda Síochána Pensions Order, 1930, and the Gárda Síochána Pensions Order, 1938,

the expression " approved service " has, in relation to a person to whom the Order of 1922 applies, the same meaning as it has in the said Order of 1922, and has, in relation to a person to whom the Order of 1925 applies, the same meaning as it has in the said Order of 1925,

the expression " member of the force " includes (unless the context otherwise requires) a person who has retired from the force,

the expression " non-accidental injury " has the same meaning as it has in the Order of 1925.

5. This Order shall apply and have effect in relation to members of the force who have died or die on or after the 6th day of January, 1936, (whether before, on, or after the date of this Order) while serving in the force or who have retired or retire from the force on or after the 6th day of January, 1936 (whether before, on, or after the date of this Order) and to no other members of the force, and the expression " members of the force to whom this Order applies " shall in this Order be construed and have effect accordingly.

6. Paragraph 5 and clauses (a) and (b) of paragraph 6 of the Order of 1922 and paragraphs 5 and 6 of the Order of 1925 shall not apply or have effect in relation to any member of the force to whom this Order applies.

7. Where a member of the force to whom this Order applies dies while serving in the force, the following provisions shall, subject to the provisions of the Order of 1922 or the Order of 1925 (whichever applies to him), have effect, that is to say:—

(a) if the death of such member was due to an accidental injury received by such member in the execution of his duty and without his own default, his widow shall (irrespective of the length of his approved service) be entitled to a widow's ordinary pension, or

(b) if the death of such member was due to a non-accidental injury received by such member in the execution of his duty and without his own default, his widow shall (irrespective of the length of his approved service) be entitled to a widow's special pension, or

(c) if such member had, at the date of his death, completed not less than five years' approved service, his widow shall (unless she is entitled to a pension under either of the foregoing clauses of this paragraph) be entitled to a widow's ordinary pension, or

(d) if his widow is not entitled to a pension under any of the foregoing clauses of this paragraph, she shall be entitled to a gratuity.

8. Where a member of the force to whom this Order applies has died or dies (whether before, on, or after the date of this Order) after he has ceased to be a member of the force, the following provisions shall, subject to the provisions of the Order of 1922 or the Order of 1925 (whichever applies to him) have effect, that is to say:—

(a) If such member retired from the force on account of disease or injury (other than an injury received by him in the execution of his duty while serving in the force and without his own default) and had, when he so retired, completed less than ten years but not less than five years approved service, his widow shall be entitled to a widow's ordinary pension, or

(b) if such member's death was due to a non-accidental injury received by him in the execution of his duty while serving in the force and without his own default, his widow shall (irrespective of the length of his approved service) be entitled to a widow's special pension, or

(c) if such member was, at his death, in receipt of a pension under the Principal Orders, his widow shall (unless she is entitled to a pension under any of the foregoing clauses of this paragraph) be entitled to a widow's ordinary pension.

9. Where a widow is entitled, under any of the foregoing paragraphs of this Order, to a pension and the Minister and the Minister for Finance are satisfied that there are special reasons for the grant of a gratuity in lieu of such pension, such widow may, if she so desires, be granted a gratuity in lieu of such pension.

10.—(1) Where a member of the force to whom this Order applies dies while serving in the force, each of his children under the age of sixteen years at his death shall, subject to the provisions of the Order of 1922 or the Order of 1925 (whichever applies to such member) be entitled to an allowance until he or she attains the age of sixteen years.

(2) Where a member of the force to whom this Order applies dies after he has ceased to be a member of the force and his widow is, or his wife (if she had survived him) would have been, entitled under this Order to a pension, each of his children under the age of sixteen years at his death shall, subject to the provisions of the Order of 1922 or the Order of 1925 (whichever applies to such member), be entitled to an allowance until he or she attains the age of sixteen years.

(3) Where a child is entitled under this paragraph to an allowance and the Minister and the Minister for Finance are satisfied that there are special reasons for the grant of a gratuity in lieu of such allowance, the Minister for Finance may, if the mother or the guardian (as the case may be) of such child so desires, grant a gratuity in lieu of such allowance.

11.—(1) The Order of 1922 shall apply to every pension, allowance, and gratuity granted under this Order to the widow or a child of a member of the force to whom that Order applies as if such pension, allowance, or gratuity had been granted under that Order.

(2) The Order of 1925 shall apply to every pension, allowance, and gratuity granted under this Order to the widow or a child of a member of the force to whom that Order applies as if such pension, allowance, or gratuity had been granted under that Order.

12. Where a member of the force to whom this Order applies dies leaving him surviving a child or children entitled to an allowance or allowances under this Order, and either paragraph 10 of Part II of the First Schedule to the Order of 1922 or paragraph 2 of the section headed " C. Children's Allowances " in Part II of the First Schedule to the Order of 1925 applies to such allowance or allowances, the following provisions shall have effect, that is to say:—

(a) the said paragraph 10 or the said paragraph 2 as the case may be, shall apply without modification to such allowance or allowances if, but only if, such member leaves a widow him surviving, and only for so long as such widow survives such member;

(b) as from the death of such member, if he leaves no widow him surviving, or as from the death of the widow of such member, if he leaves a widow him surviving, the said paragraph 190 or the said paragraph 2, as the case may be, shall apply to such allowance, or every of such allowances, with and subject to the following modifications, that is to say:—

(i) if such member was, at his death or retirement, a guard, sergeant, station-sergeant, or inspector, the annual rate of such allowance, or of each of such allowances, shall be nineteen pounds, ten shillings;

(ii) if such member was, at his death or retirement, of higher rank than inspector, the annual rate of such allowance or of each of such allowances, shall be twenty-two pounds ten shillings;

(iii) the aggregate amount of the allowances payable in any one year to the children of any one member of the force shall not exceed fifty-eight pounds ten shillings in the case of a member who was, at his death or retirement, a guard, sergeant, or station-sergeant, or sixty pounds in the case of a member who was, at his death or retirement, an inspector, or seventy-five pounds in the case of a member who was, at his death or retirement of higher rank than inspector;

(iv) the powers of increasing by fifty per cent. the sums thereinbefore mentioned which are given by the proviso to the said paragraph 10 and the proviso to the said paragraph 2 respectively shall not apply to or be exerciseable in respect of any of the sums mentioned in the foregoing clauses of this present sub-paragraph.

13.—(1) In this paragraph the expression " gárda pension " means a pension under the Principal Orders, and the expression " military pension " means a pension under the Military Service Pensions Acts, 1924 to 1934.

(2) Where a person is entitled to a gárda pension and also to a military pension, he shall not be entitled to reckon any period of time as both approved service for the purpose of such gárda pension and also as a service period or part of a service period for the purpose of such military pension.

(3) Where a person to whom a gárda pension is payable becomes entitled to a military pension and any period of time which was included in his approved service for the purpose of such gárda pension is reckoned as a service period or part of a service period for the purpose of such military pension, the following provisions shall have effect, that is to say:—

(a) such gárda pension shall be reassessed as from the date of the commencement of such military pension;

(b) for the purpose of such reassessment such person shall be given an opportunity of electing whether he will retain or will surrender such military pension;

(c) if such person elects to retain such military pension or if he fails or refuses to make any election, no period of time which was reckoned as a service period or part of a service period for the purpose of such military pension shall, on such reassessment, be reckoned as approved service for the purpose of such gárda pension;

(d) if such person elects to surrender such military pension, any period of time which was reckoned as a service period or part of a service period for the purpose of such military pension and is also reckonable as approved service for the purpose of such gárda pension shall, on such re-assessment, be reckoned as a period of approved service equal in length of time to the pensionable service which is appropriate under the Military Service Pensions Acts, 1924 to 1934, to the said period of time;

(e) when such gárda pension is reassessed under the next preceding sub-paragraph of this paragraph, such military pension shall, on such re-assessment, be surrendered as from the date of the commencement thereof.

(4) Where a person to whom a military pension is payable becomes entitled to a garda pension and any period of time which was reckoned as a service period or part of a service period for the purpose of such military pension would, if this paragraph had not been enacted, be reckonable as approved service for the purpose of such gárda pension, the following provisions shall have effect, that is to say:—

(a) such person shall, before such garda pension is assessed, be given an opportunity of electing whether he will retain or will surrender such military pension;

(b) if such person elects to retain such military pension or if he fails or refuses to make any election, no period of time which was reckoned as a service period or part of a service period for the purpose of such military pension shall, on the assessment of such gárda pension, be reckoned as approved service for the purpose of such gárda pension;

(c) if such person elects to surrender such military pension, any period of time which was reckoned as a service period or part of a service period for the purpose of such military pension and is also reckonable as approved service for the purpose of such gárda pension shall, on the assessment of such gárda pension, be reckoned as a period of approved service equal in length of time to the pensionable service which is appropriate under the Military Service Pensions Acts, 1924 to 1934, to the said period of time;

(d) when such gárda pension is assessed under the next preceding sub-paragraph of this paragraph, such military pension shall, on such assessment, be surrendered as from the date on which such gárda pension commences.

14.—(1) In this paragraph—

the expression " the Act of 1936 " means the Connaught Rangers (Pensions) Act, 1936 (No. 37 of 1936),

the expression " gárda pension " means a pension under the Principal Orders,

the expression " military pension " means a pension under the Act of 1936,

the expressions " long service pension," " short service pension " and " army service " have the same meanings as they respectively have in the Act of 1936,

the expression " military service " means—

(a) in relation to a person entitled to a long service pension, the period of twenty-one years from the date on which his army service commenced, and

(b) in relation to a person entitled to a short service pension, the period of twelve years from the date on which his army service commenced.

(2) If a person to whom a military pension is payable becomes entitled to a gárda pension, he shall not be entitled (save as hereinafter provided) to reckon any part of his military' service as approved service for the purpose of such gárda pension.

(3) Where a person to whom a military pension is payable becomes entitled to a gárda pension and any part of his military service would, if this paragraph had not been enacted, be reckonable as approved service for the purpose of such gárda pension, the following provisions shall have effect, that is to say:—

(a) such person shall, before such gárda pension is assessed, be given an opportunity of electing whether he will retain or will surrender, to the extent hereinafter mentioned, such military pension;

(b) if such person elects to retain such military pension or if he fails or refuses to make any election, no part of his military service shall be reckoned as approved service for the purpose of such gárda pension;

(c) if such person elects to surrender, to the extent hereinafter mentioned, such military pension, such gárda pension shall be assessed without regard to the fact that such person is entitled to such military pension;

(d) when such gárda pension is assessed under the next preceding sub-paragraph of this paragraph, such person shall surrender, as from the commencement of such gárda pension, so much of such military pension as bears to the full amount of such military pension the same proportion as the portion of his military service which is reckoned as approved service for the purpose of such gárda pension bears to the full amount of his military service.

Given under my Seal of Office, this 25th day

of July, 1938.

(Signed) PATRICK RUTTLEDGE,

Minister for Justice.

I hereby sanction the foregoing Order.

(Signed) SEÁN MACENTEE,

Minister for Finance.