S.I. No. 115/1955:

GARDA SÍOCHÁNA PENSIONS ORDER, 1955.

GARDA SÍOCHÁNA PENSIONS ORDER, 1955.

I, JAMES EVERETT, 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, hereby make, with the sanction of the Minister for Finance, testified by his official seal affixed hereto, the following Order :

1. This Order may be cited as the Garda Síochána Pensions Order, 1955.

2. The Garda Síochána Pensions Orders, 1925 to 1953, and this Order may be cited together as the Garda Síochána Pensions Orders, 1925 to 1955.

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

4. In this Order--

" the Order of 1922 " means the Dublin Metropolitan Police Pensions Order, 1922, as amended or varied by subsequent orders ;

" the Order of 1925 " means the Garda Síochána Pensions Order, 1925 ( S. R. & O. No. 63 of 1925 ), as amended by subsequent orders ;

" the Order of 1951 " means the Garda Síochána Pensions Order, 1951 ( S.I. No. 410 of 1951 ), as amended by subsequent orders.

5. The references contained in Article 6 of the Order of 1922, Article 6 of the Order of 1925 and Article 10 of the Garda Síochána, Pensions (No. 2) Order, 1938 ( S. R. & O. No. 234 of 1938 ), to " children " shall be deemed to include references to a child or children adopted in pursuance of an adoption order made under the Adoption Act, 1952 (No. 25 of 1952).

6.--(1) Article 7 of the Order of 1922 is hereby amended by the deletion of the words from " Provided that " to the end of the Article.

(2) Paragraph (1) of this Article shall operate with effect from the 1st day of April, 1954.

7. The First Schedule to the Order of 1922 is hereby amended by the substitution for Rule 10 in Part II of the following :

" 10. Member of the force or pensioner dying from any other cause.--The allowance in respect of each child being a child under the age of sixteen years or who, being a child who is receiving full-time instruction at an educational establishment is of that age or over that age and under the age of eighteen years or reaches the age of eighteen years not more than six months befor the end of the school year, shall be an annual allowance of--

£20 in the case of a person who was a guard, sergeant or station-sergeant at the time of his death or retirement ;

£24 in the case of a person who was an inspector at the time of his death or retirement ;

£27 in the case of a person who was of a higher rank at the time of his death or retirement,

but if such member or pensioner leaves no widow, or as from the death of his widow, the allowance or allowances may be increased by fifty per cent."

8. For the purposes of the Order of 1925, where a member of the Force who was formerly a member of the Taca Síochána (established by the Emergency Powers (Temporary Special Police Force) Order, 1939 (No. 243 of 1939)), dies while serving or retires on grounds of incapacity for the performance of duty by infirmity of mind or body and at the time of his death or retirement had not the requisite period of approved service to enable him to receive full pension on retirement, there shall be reckoned as approved service in his case whichever of the following periods is the lesser--

(a) so much of his service in the Taca Síochána as would when added to his approved service in the Force have enabled him to retire on full pension,

(b) one-half of his service in the Taca Síochána.

9.--(1) Article 8 of the Order of 1925 is hereby amended by the deletion of the words from " Provided that " to the end of the Article.

(2) Paragraph (1) of this Article shall operate with effect from the 1st day of April, 1954.

10. The First Schedule to the Order of 1925 is hereby amended by the substitution for subparagraph 2 of paragraph C in Part II, of the following :

" 2. Member of the force or pensioner dying from any other cause.--The allowance in respect of each child being a child under the age of sixteen years or who, being a child who is receiving full-time instruction at an educational establishment is of that age or over that age and under the age of eighteen years or reaches the age of eighteen years not more than six months before the end of the school year, shall be an annual allowance of--

£20 in the case of a person who was a guard, sergeant or station-sergeant at the time of his death or retirement ;

£24 in the case of a person who was an inspector at the time of his death or retirement ;

£27 in the case of a person who was of a higher rank at the time of his death or retirement,

but if such member or pensioner leaves no widow, or as from the death of his widow, the allowance or allowances may be increased by fifty per cent."

11.--(1) Article 8 of the Order of 1951 is hereby amended by the insertion after " ordinary pension " of " or having been granted a special pension and having completed not less than two years approved service."

(2) Article 9 of the Order of 1951 and subparagraph (a) of Article 4 of the Garda Síochána Pensions Order, 1952 ( S.I. No. 266 of 1952 ), are hereby revoked.

(3) Paragraphs (1) and (2) of this Article shall operate with effect from the date of the coming into operation of the Order of 1951.

12. Article 19 of the Order of 1951 is hereby amended by the substitution for paragraph (1) of the following :

" (1) Where, after the coming into operation of this Order, a person becomes entitled to receive a pension under the Order of 1922 or the Order of 1925, and such person subsequently holds an appointment in a post remunerated out of moneys provided by the Oireachtas or out of the Central Fund--

(a) the pension shall not be payable for any period for which the remuneration equals or exceeds such person's pay at the time of his retirement,

(b) if for any period the sum of the pension and the remuneration exceeds such pay, the pension shall be reduced for the period by the amount of the excess."

13. Article 12 of the Garda Síochána Pensions (No. 2) Order, 1938 ( S. R. & O. No. 234 of 1938 ), is hereby revoked.

GIVEN under my Official Seal, this 7th day of June, 1955.

(Signed) JAMES EVERETT,

Minister for Justice.

I hereby sanctio n the foregoing Order.

GIVEN under my Official Seal, this 14th day of June, 1955.

(Signed) GERARD SWEETMAN,

Minister for Finance.