Superannuation Act, 1887 (Section 1) Warrant, 1946.

JurisdictionIreland
CitationIR SI 236/1946
Year1946

STATUTORY RULES AND ORDERS. 1946. No. 236.

SUPERANNUATION ACT, 1887 (SECTION 1) WARRANT, 1946.

I, PROINNSIAS MAC AODHAGÁIN, Minister for Finance, in exercise of the powers conferred on me by section 1 of the Superannuation Act, 1887 (as amended by the Superannuation Act, 1946 ), and by section 5 of the Superannuation Act, 1909, and of every and any other power me in this behalf enabling, do by this Warrant order as follows :—

1 Short title.

1. This Warrant may be cited as the Superannuation Act, 1887 (Section 1) Warrant, 1946.

2 Application of Interpretation Act, 1937 .

2. The Interpretation Act, 1937 (No. 38 of 1937) applies to this Warrant.

3 Definitions.

3. (1) In this Warrant—

emoluments.

the word "emoluments" means emoluments which, if the recipient were an established officer, would in the calculation of any award which could be granted to him under the Superannuation Acts, 1834 to 1946, be taken into account by the Minister and to to extent to which they would be so taken into account ;

Minister.

the expression " the Minister " means the Minister for Finance ;

pension.

the word "pension" means any superannuation or retiring or annual compensation allowance granted under the Superannuation Acts, 1834 to 1946 ;

salary and emoluments.

the expression "salary and emoluments" means annual salary and emoluments ;

workman.

the word "workman" means a workman within the meaning of the Workmen's Compensation Act, 1934 (No. 9 of 1934), who—

(a) is injured in the State, or

(b) is injured outside the State in circumstances in which compensation is payable in respect of such injury under the said Act or under any Act relating to workmen's compensation for the time being in force in Great Britain, Northern Ireland or the Isle of Man.

(2) A person to whom, by virtue of section 12 of the Agriculture Act, 1931 (No. 8 of 1931), a pension may be granted shall be deemed to be an established officer for the purposes of this Warrant.

4 Persons to whom this Warrant applies.

4. This Warrant applies to any person (not being a workman) employed in the Civil Service who, without his own default, is on or after the 3rd day of September, 1939,—

(a) injured in the actual discharge of his duties by some injury specifically attributable to the nature of his duties, or

(b) injured while in the actual discharge of his duties, carried, pursuant to official instructions or with official permission, in any aircraft.

5 Annual allowance to person whom this Warrant applies.

5. Subject to this Warrant, any person to whom this Warrant applies and who retires by reason of his injury may be granted,—

(a) in case he is an unestablished officer or an established officer who is not eligible for a pension in respect of his service, an annual allowance, according to the degree of impairment of his capacity to contribute to his support, not exceeding the proportion, specified in the Table to this Article, of his salary and emoluments at the date of his injury,

(b) in case he is an established officer who is eligible for a pension in respect of his service, an annual allowance, according to the degree of impairment of his capacity to contribute to his support, not exceeding the proportion specified in the said Table of the difference between—

(i) his salary and emoluments at the date of the injury, and

(ii) the amount of any pension, including the annuity value (calculated in such manner as the Minister directs) of any additional allowance granted to him under the Superannuation Acts, 1834 to 1946, in respect of his service.

TABLE TO ARTICLE 5.

Degree of impairment

Proportion of salary and emoluments, or of difference between salary and emoluments and pension

Slighlty impaired

One-eighth

Impaired

One quarter

Materially impaired

Three-eighths

Totally destroyed

One half

6 Provisions in relation to annual allowances.

6. (1) Where a person to whom this Warrant applies retires wholly or partly on account of age or infirmity; but his capacity to contribute to his support is, in the opinion of the Minister, impaired by reason of his injury, the Minister may...

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