No. 8/1930:

MILITARY SERVICE PENSIONS ACT, 1930

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Finality of findings of board of assessors.

3 Rank for purposes of pension.

4 Extension of prohibition against double pensions.

5 Short title and citation.

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:—

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.

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assessors set out in their report shall in all cases be final and conclusive and binding upon the applicant is hereby repealed and in lieu thereof it is hereby enacted that such findings as so set out shall be and, in the case of findings set out in a report made before the passing of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).

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.

(2) Every reference in the Second Schedule to The Principal Act to the rank or capacity in which a person was serving at a particular time shall be construed as referring to the substantive rank held by such person at such time and the said Second Schedule shall have effect and be deemed always to have had effect accordingly.

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.

(2) The expression "period of time" in the said sub-section (2) of section 8 of the Principal Act shall, in relation to a person to whom a pension or allowance has been or shall hereafter be granted under section 5 of the Superannuation and Pensions Act, 1923 , include any period whether actual or notional which such person is or shall be entitled by law to reckon in calculating the amount of such pension or allowance.

(3) Where the said sub-section (2) of section 8 of the Principal Act becomes by virtue of this section applicable to a person to whom a pension or allowance has before the passing of this Act been granted under section 5 of the Superannuation and Pensions Act, 1923 , the Minister for Finance may re-assess such pension or allowance as from the passing of this Act in such manner as may be necessary to give effect to the said sub-section (2) but not so as to increase such pension or allowance to an amount exceeding the maximum amount prescribed by law in respect of pensions and allowances granted under the said section 5.

(4) Neither this section nor anything done thereunder or in consequence thereof shall operate to invalidate or require a refund of any sum paid before the passing of this Act or to disentitle any person to any sum or part of a sum accrued or accruing at the passing of this Act in respect of a military service pension or a pension granted under section 5 of the Superannuation and Pensions Act, 1923 .

(5) Every reference in this section to section 5 of the Superannuation and Pensions Act, 1923 , shall be construed as including the said section 5 as amended by any Act of the Oireachtas passed before or after the passing of this Act.

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.