Military Service Pensions Act, 1934

FIRST SCHEDULE.

Rules for Determining Notional Grades of Rank in the Forces Held by Persons Serving in the Forces.

1.—(1) Any person who at any date was either Chief of Staff, Deputy Chief of Staff, Adjutant-General, a Divisional Officer Commanding, or Quartermaster-General shall be deemed to have held at that date Rank A.

(2) Any person who at any date was either

(a) a General Headquarters Officer acting as Director of any one of the following services, namely, Organisation, Intelligence, Engineering and Munitions, or

(b) a Brigade Officer Commanding whose brigade was at that date not less than one thousand in strength,

shall be deemed to have held at that date Rank B.

(3) Any person who at any date was either

(a) a Brigade Officer Commanding whose brigade at that date was less than one thousand in strength, or

(b) a Divisional Vice Officer Commanding, or

(c) a Divisional Adjutant, or

(d) a Divisional Quartermaster, or

(e) a Battalion Commandant whose battalion was at that date not less than three hundred in strength, or

(f) a Brigade Vice Officer Commanding whose brigade was at that date not less than one thousand in strength, or

(g) a Brigade Adjutant whose brigade was at that date not less than one thousand in strength, or

(h) a Brigade Quartermaster whose brigade was at that date not less than one thousand in strength, or

(i) a Column Commander whose column was at that date not less than thirty in strength, or

(j) a General Headquarters Officer who at that date was acting as Director of Medical Services, or

(k) a General Headquarters Officer who at that date was acting as Director of any Service, other than that of Medical Services, or one of the Services mentioned in sub-paragraph (a) of the immediately preceding paragraph,

shall be deemed to have held at that date Rank C.

(4) A person who at any date

(a) was a Battalion Commandant whose battalion at that date was less than three hundred in strength, or

(b) was a Company Captain whose company at that date was not less than sixty in strength, or

(c) was, at that date, a Captain on the General Headquarters Staff or on a Divisional Staff, or

(d) was, in the case of a company which at that date was not less than one hundred and twenty in strength, where the company had at that date one Lieutenant only, such Lieutenant or, where the company had at that date two Lieutenants only, one or other of such Lieutenants or, where the company had at that date three or more Lieutenants, one or other of the two Lieutenants who were at that date respectively second and third in command, or

(e) was, in the case of a company which at that date was less than one hundred and twenty in strength but not less than one hundred in strength, where such company had at that date one Lieutenant only, such Lieutenant or, where such company had at that date two or more Lieutenants, the Lieutenant who was at that date second in command, or

(f) was a Brigade Officer, other than a Brigade Officer who is deemed by virtue of paragraph (2) or (3) of this Rule to have held at that date either Rank B or Rank C, or

(g) was a Battalion Vice Officer Commanding whose battalion at that date was not less than one hundred in strength, or

(h) was a Battalion Adjutant whose battalion was at that date not less than one hundred in strength, or

(i) was a Battalion Quartermaster whose battalion was at that date not less than one hundred in strength, or

(j) was a General Headquarters Officer other than a General Headquarters Officer who was at that date acting as a Director of any Service, or

(k) was a Divisional Officer other than a Divisional Officer Commanding, a Divisional Vice Officer Commanding, a Divisional Adjutant or a Divisional Quartermaster, or

(l) was a Column Commander whose column at that date was less than thirty in strength, or

(m) was a Medical Officer other than a General Headquarters Officer who at that date was acting as Director of Medical Services,

shall be deemed to have held at that date Rank D.

(5) Any person who complies with the following conditions, namely—

(a) was at any date an officer, and

(b) is not deemed by virtue of any of the preceding paragraphs of this Rule to have held at that date any grade of rank,

shall be deemed for the purposes of this Act to have held at that date Rank E.

(6) Any person who at any date held the rank of non-commissioned officer or private shall be deemed to have held at that date Rank E.

(7) None of the foregoing provisions of this Rule shall apply to any person who at any date was a member of Fianna Eireann or of Cumann na mBan and was not at any date a member of Oglaigh na hEireann (Irish Republican Army) or of the Irish Volunteers, and in lieu thereof the following provisions shall have effect in relation to any such person, that is to say:

(a) any person who at any date

(i) was a member of the headquarters staff or executive of Fianna Eireann or Cumann na mBan, or

(ii) was an officer of Fianna Eireann or Cumann na mBan commanding one hundred members or more of either of those bodies, or

(iii) was an officer of Fianna Eireann or Cumann na mBan senior to an officer of either of those bodies commanding one hundred members or more of either of those bodies,

shall be deemed to have held at that date Rank D, and

(b) any person who at any date was a member of Fianna Eireann or Cumann na mBan and who is not deemed by virtue of the foregoing sub-paragraph (a) of this paragraph to have held Rank D shall be deemed to have held at that date Rank E.

2. Where an officer whose grade of rank at any date is, under Rule 1 of this Schedule, to be determined both by his actual rank in the Forces and the strength of the unit to which he belonged at that date, and such officer is at that date absent from duty by reason of imprisonment on account of his activities as a member of the Forces, the following provisions shall, for the purposes of the said Rule 1, have effect in relation to such officer, that is to say:

(a) such officer shall be deemed to have held at that date the actual rank in the Forces which he held at the date of his arrest, and

(b) such unit shall be deemed to be at that date at the same strength as it was at the time of his arrest.

3. Where the case of any person does not fall within the provisions of Rule 1 of this Schedule, the Referee may determine the particular grade of rank which such person is to be deemed to have held on any date, and in so determining the Referee shall have regard to the following matters, that is to say:

(a) the appointment held by such person,

(b) the services performed by such person,

(c) the principles of grading set forth in the said Rule 1.

4. Where any person, whose case at a particular date falls within the provisions of Rule 1 of this Schedule, was at that date engaged in service of a special character, the Referee may in making his report under this Act in relation to the grade of rank held by such person on such date, report that the grade of rank held by him on such date is a grade of rank higher than the grade which but for this Rule would be the grade of rank held by him on that date.