Army Pensions Act, 1957

JurisdictionIreland
CitationIR No. 19/1957
Year1957


Number 19 of 1957.


ARMY PENSIONS ACT, 1957.


ARRANGEMENT OF SECTIONS

Part I .

PRELIMINARY AND GENERAL

Section

1.

Short title and collective citation.

2.

Interpretation.

Part II .

INCREASES OF PENSIONS, ALLOWANCES AND GRATUITIES UNDER THE ACTS.

3.

Appropriate sum.

4.

Increase of wound pensions and gratuities under section 1 of the Act 1923.

5.

Increase of wound pensions under section 3 of the Act of 1923.

6.

Amendment of Second Schedule to the Act of 1923.

7.

Amendment of Third Schedule to the Act of 1923.

8.

Increase of disability pensions under section 9 of the Act of 1927.

9.

Increase of disability pensions under section 10 of the Act of 1927.

10.

Increase of wound pensions and gratuities under section 11 of the Act of 1927.

11.

Increase of certain wound pensions and gratuities under section 12 of the Act of 1927.

12.

Increase of disability pensions under section 13 of the Act of 1927.

13.

Amendment of Sixth Schedule to the Act of 1927.

14.

Amendment of Seventh Schedule to the Act of 1927.

15.

Increase of wound disability and married pensions and gratuities under section 10 of the Act of 1932.

16.

Amendment of Second Schedule to the Act of 1932.

17.

Amendment of section 19 of the Act of 1937.

18.

Increase of pensions under section 26 of the Act of 1937.

19.

Increase of pensions under sections 28 and 29 of the Act of 1937.

20.

Increase of dependants' allowances under section 37 of the Act of 1937.

21.

Increase of pensions under section 6 of the Act of 1941.

22.

Increase of pensions under section 4 of the Act of 1943.

23.

Increase of pensions under section 6 of the Act of 1943.

24.

Increase of pensions under section 12 of the Act of 1946.

25.

Amendment of section 16 of the Act of 1953.

26.

Amendment of section 24 of the Act of 1953.

27.

Restriction on increase of pension.

28.

Non-application of preceding provisions of this Part.

29.

Increase of certain disablement pensions.

30.

Commencement of this Part.

Part III .

AMENDMENT OF THE ACTS.

31.

Amendment of the Act of 1923.

32.

Alteration of scales of wound pensions in case of officer discharged after the passing of this Act.

33.

Provisions in relation to qualified persons and the payment of special allowances.

34.

Reconsideration of applications refused under section 4 of the Act of 1953.

35.

Amendment of Part II of the Act of 1953.

36.

Amendment of section 41 of the Act of 1953.

37.

Gratuities to relatives of certain deceased persons.

38.

Obligation to notify Minister of certain occurrences.

39.

Miscellaneous amendments of the Acts.

FIRST SCHEDULE.

SECOND SCHEDULE.

THIRD SCHEDULE.

FOURTH SCHEDULE.

FIFTH SCHEDULE.

SIXTH SCHEDULE.

SEVENTH SCHEDULE.


Acts Referred to

Army Pensions Act, 1923

No. 26 of 1923

Army Pensions Act, 1927

No. 12 of 1927

Army Pensions Act, 1932

No. 24 of 1932

Army Pensions Act, 1937

No. 15 of 1937

Army Pensions Act, 1941

No. 2 of 1941

Army Pensions Act, 1943

No. 14 of 1943

Army Pensions Act, 1946

No. 3 of 1946

Army Pensions Act, 1949

No. 19 of 1949

Army Pensions Act, 1953

No. 23 of 1953

Army Pensions (Increase) Act, 1949

No. 28 of 1949


Number 19 of 1957.


ARMY PENSIONS ACT, 1957.


AN ACT TO AMEND AND EXTEND THE ARMY PENSIONS ACTS, 1923 TO 1953. [18th July, 1957.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary and General.

Short title and collective citation.

1.—(1) This Act may be cited as the Army Pensions Act, 1957.

(2) The Acts and this Act may be cited together as the Army Pensions Acts, 1923 to 1957.

Interpretation.

2.—(1) In this Act—

“the Act of 1923” means the Army Pensions Act, 1923 (No. 26 of 1923);

“the Act of 1927” means the Army Pensions Act, 1927 (No. 12 of 1927);

“the Act of 1932” means the Army Pensions Act, 1932 (No. 24 of 1932);

“the Act of 1937” means the Army Pensions Act, 1937 (No. 15 of 1937);

“the Act of 1941” means the Army Pensions Act, 1941 (No. 2 of 1941);

“the Act of 1943” means the Army Pensions Act, 1943 (No. 14 of 1943);

“the Act of 1946” means the Army Pensions Act, 1946 (No. 3 of 1946);

“the Act of 1949” means the Army Pensions Act, 1949 (No. 19 of 1949);

“the Act of 1953” means the Army Pensions Act, 1953 (No. 23 of 1953);

“the Acts” means the Army Pensions Acts, 1923 to 1953, but does not include this Act;

“the April, 1922-September, 1924, period” means the period which commenced on the 1st day of April, 1922, and ended on the 30th day of September, 1924;

“disablement pension” means a wound or disability pension under the Acts, and includes any further pension under section 2 or section 3 of the Act of 1923 and a married pension;

“Defence Forces pension” means retired pay or pension under any scheme made (whether before or after the passing of this Act) under the Defence Forces (Pensions) Acts, 1932 to 1949, as amended by any subsequent enactment.

(2) This Act shall be construed as one with the Acts.

(3) References in this Act to any enactment shall be construed as references to that enactment as amended by any subsequent enactment.

PART II.

Increases of Pensions, Allowances and Gratuities under the Acts.

Appropriate sum.

3.—(1) For the purposes of this Part “the appropriate sum” in relation to a pension means—

(a) where the amount of the pension does not exceed £100 a year, fifteen per cent. of the amount of the pension,

(b) where the amount of the pension exceeds £100 a year but does not exceed £125 a year, £15 a year.

(c) where the amount of the pension exceeds £125 a year but does not exceed £150 a year, twelve per cent. of the amount of the pension,

(d) where the amount of the pension exceeds £150 a year but does not exceed £200 a year, £18 a year,

(e) where the amount of the pension exceeds £200 a year but does not exceed £300 a year, nine per cent. of the amount of the pension,

(f) where the amount of the pension exceeds £300 a year but does not exceed £450 a year, £27 a year.

(2) For the purposes of subsection (1) of this section, the amount of a pension shall be the amount of the full pension, whether the pension is in course of payment in full, in part or not at all.

(3) In this section “pension” does not include a further pension under section 2 or section 3 of the Act of 1923 or a married pension.

Increase of wound pensions and gratuities under section 1 of the Act of 1923.

4.—(1) A wound pension granted under section 1 of the Act of 1923 to an officer discharged from the forces before the 1st day of October, 1924, which under the Acts is payable at the rate mentioned in column (2) of the First Schedule to this Act at a particular reference number shall be payable at the increased rate mentioned in column (3) of that Schedule at that reference number.

(2) The amount of a wound pension granted under section 1 of the Act of 1923 to an officer discharged from the forces on or after the 1st day of October, 1924, and before the 2nd day of April, 1950, shall, in lieu of being an amount calculated in accordance with subsection (2) of section 14 of the Act of 1953, be whichever of the following amounts is the lesser—

(a) the amount payable to such officer under subsection (2) of the said section 14, increased by the appropriate sum,

(b) the amount which would be payable to such officer under the Acts if he had been discharged from the forces on the 2nd day of November, 1952, and his rank and service in that rank on that date were the same as those on the date of his actual discharge and the scale of pension applicable to him were the appropriate scale contained in the Tables to this subsection.

TABLE I

Officer who was a married officer within the meaning of the Defence Force Regulations governing the pay of officers in force on the day before the day of his discharge from the forces.

Degree of Disablement

Scale of Pension

(1)

(2)

per cent.

100

48 per cent. of annual pay at the date of discharge.

90

43 per cent. of annual pay at the date of discharge.

80

39 per cent. of annual pay at the date of discharge.

70

34 per cent. of annual pay at the date of discharge.

60

29 per cent. of annual pay at the date of discharge.

50

24 per cent. of annual pay at the date of discharge.

40

19 per cent. of annual pay at the date of discharge.

30

14 per cent. of annual pay at the date of discharge.

20

10 per cent. of annual pay at the date of discharge.

TABLE II

Officer who was not a married officer within the meaning of the Defence Force Regulations governing the pay of officers in force on the day before the day of his discharge from the forces.

Degree of Disablement

Scale of Pension

(1)

(2)

per cent.

100

55 per cent. of annual pay at the date of discharge.

90

50 per cent. of annual pay at the date of discharge.

80

44 per cent. of annual pay at the date of discharge.

70

39 per cent. of annual pay at the date of discharge.

60

33 per cent. of annual pay at the date of discharge.

50

28 per cent. of annual pay at the date of discharge.

40

22 per cent. of annual pay at the date of discharge.

30

17 per cent. of annual pay at the date of discharge.

20

11 per cent. of annual pay at the date of discharge.

(3) A wound pension granted under section 1 of the Act of 1923 to a soldier which under the...

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