No. 530/1941:

GÁRDA SÍOCHÁNA PENSIONS (No. 2) ORDER, 1941.

GÁRDA SÍOCHÁNA PENSIONS (No. 2) ORDER, 1941.

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 subsection (3) of the said section 13 that every statute, order, or regulation 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 Orders, 1925 to 1941, were made by the Minister for Justice under the powers conferred on him be the said section 13 of the Police Forces Amalgamation Act, 1925 :

NOW, the Minister for Justice, in exercise of the powers conferred on him by section 13 of the Police Forces Amalgamation Act, 1925 (No. 7 of 1925), and of every and any other power him in this behalf enabling, hereby makes, with the sanction of the Minister for Finance, testified by his signature hereto, the following Order :

1. This Order may be cited as the Gárda Síochána Pensions (No. 2) Order, 1941.

2. For the purposes of collective citation, the Gárda Síochána Pensions Orders, 1925 to 1941, shall include this Order.

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 Regulations of 1941 " means the Gárda Síochána (Retirement) Regulations, 1941 ( S. R. & O. No. 309 of 1941 ), or those regulations together with the Gárda Síochána (Retirement) (No. 2) Regulations, 1941 ( S. R. & O. No. 310 of 1941 ),

the expression " the Order of 1941 " means the Gárda Síochána Pensions Order, 1941 ( S. R. & O. No. 301 of 1941 ),

the expression " the pension enactments " means, in relation to a member of the Gárda Síochána, the enactments, not including this Order or the Order of 1941, relating to the pension of such member,

the word "incapacity" means incapacity for performance of duty by reason of infirmity of mind or body.

5. (1) This Article applies to every member of the Gárda Síochána—

(a) who was retired under the Regulations of 1941 before the making of this Order, and

(b) who would be entitled to a pension or gratuity under the pension enactments if his retirement were due to incapacity, and

(c) who, by written notice given to the Minister not later than two months after the making of this Order, elects to have his claim to a pension or gratuity on retirement determined under this Order and not under the Order of 1941.

(2) Subject to the provisions of this Order, the following provisions shall have effect in relation to every member of the Gárda Síochána to whom this Article applies, that is to say:—

(a) The Order of 1941 shall not apply and shall be deemed never to have applied in relation to such member, and

(b) such member shall be entitled—

(i) in case he would be entitled to a pension under the pension enactments if his retirement were due to incapacity—to receive for life a pension under this Order of the like amount as that of the said pension under the pension enactments, or

(ii) in case he would be entitled to a gratuity under the pension enactments if his retirement were due to incapacity—to receive a gratuity under this Order of the like amount as that of the said gratuity under the pension enactments.

6. (1) This Article applies to every member of the Gárda Síochána—

(a) who is retired under the Regulations of 1941 after the making of this Order, and

(b) who would be entitled to a pension or gratuity under the pension enactments if his retirement were due to incapacity.

(2) Subject to the provisions of this Order, every member of the Gárda Síochána to whom this Article applies shall be entitled—

(a) in case he would be entitled to a pension under the pension enactments if his retirement were due to incapacity—to receive for life a pension under this Order of the like amount as that of the said pension under the pension enactments, or

(b) in case the would be entitled to a gratuity under the pension enactments if his retirement were due to incapacity—to receive a gratuity under this Order of the like amount as that of the said gratuity under the pension enactments.

7. In ascertaining for the purposes of Article 5 or Article 6 of this Order whether a member of the Gárda Síochána would be entitled to a pension or gratuity under the pension enactments if his retirement were due to incapacity and in ascertaining for the said purposes the amount of any such pension or gratuity, the following provisions shall have effect when reckoning approved service within the meaning of the pension enactments, that is to say:—

(a) no certification of the service of the relevant member of the Gárda Síochána or any part thereof as having been diligent and faithful service shall be required in order that such service shall be approved service,

(b) in case such member was retired before the 1st day of November, 1941, the period between the date of his retirement and the 1st day of November, 1941, shall be reckoned as a period of approved service, and

(c) where the Minister, with the consent of the Minister for Finance, so directs, the approved service shall be reckoned as being increased or diminished by such number of years not exceeding six as the Minister considers proper, subject to the limitation that, where the actual approved service is 25 years or less (due regard being had to the foregoing paragraphs of this Article), the Minister shall not direct that it be reckoned as being increased by any such number of years as would result in a pension under this Order of such member being more than half his annual pay.

8. A pension or gratuity under this Order shall be in lieu of, and not in addition to, any pension or gratuity under the pension enactments to which the relevant member of the Gárda Síochána might otherwise be entitled.

9. A pension under this Order shall, where the relevant member of the Gárda Síochána was retired before the 1st day of November, 1941, be payable as on and from that date and no earlier.

10. There shall apply in respect of a pension or gratuity under this Order every provision of the pension enactments which relates to a pension or gratuity granted on retirement due to incapacity other than any such provision which relates to proof of incapacity or continuation of incapacity or recall for service.

11. The Order of 1941 shall not apply in relation to any member of the Gárda Síochána who retires after the making of this Order.

Given under the Official Seal of the Minister for Justice, this 14th day of November, 1941.

(Signed.) GERALD BOLAND,

Minister for Justice.

I hereby sanction the foregoing Order.

(Signed) SEÁN T. Ó CEALLAIGH,

Minister for Finance.