S.I. No. 266/1952 - Garda Síochána Pensions Order, 1952.


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 Garda 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 Garda Síochána who immediately before the commencement of the said Act were members of the Dublin Metropolitan Police :

AND WHEREAS the Dublin Metropolitan Police Pensions Order, 1922, authorising the payment of pensions, allowances and gratuities to members of the Dublin Metropolitan Police and their widows, children and dependants was in force immediately before the commencement of the said Act :

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, the following Order :

1. This Order may be cited as the Garda Síochána Pensions Order, 1952.

2. The Garda Síochána Pensions Orders, 1925 to 1951, and this Order may be cited together as the Garda Síochána Pensions Orders, 1925 to 1952.

3. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

4. The Garda Síochána Pensions Order, 1951 ( S.I. No. 410 of 1951 ), is hereby amended as follows :

(a) by the addition of the following to Article 9—

" Provided that, in case he was serving as a member of the force on the critical date, the result of the said calculation shall be increased by one-half of one per cent. for each completed year of approved service before the critical date "; and

(b) by the insertion in Article 13 of the words

" or the amount of any death gratuity to which his personal representatives later become entitled " immediately after the words " becomes entitled ".

5. Where the Minister for Justice has issued a certificate under section 8 of the Garda Síochána (Pensions) Act, 1947 (No. 41 of 1947), in respect of a person who retired from the Garda Síochána before the 1st day of January, 1952, the amount of any pension payable to the person under the Garda Síochána Pensions Order, 1925 (S. R. & O., No. 63 of 1925), as amended by subsequent Orders, shall, as from the date of this Order, be increased to the amount at which it would have been fixed if the pay of such person for pension purposes (calculated in accordance with the Garda Síochána Pay Order applicable to him immediately before his last retirement from the Garda Síochána) had included increments of pay for the period between the date on which he first ceased to be a member of the Garda Síochána and the date when he was subsequently appointed and enrolled as a member of the Garda Síochána.

GIVEN under the Official Seal of the Minister for Justice, this 29th day of July, 1952.

(Signed) GERALD BOLAND,

Minister for Justice.

I hereby sanction the foregoing Order.

GIVEN under my Official Seal, this 26th day of August, 1952.

(Signed) SEÁN MACENTEE,

Minister for Finance.