Military Service Pensions (Amendment) Act, 1953
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Option with respect to certain pensions. |
3.—(1) Where a person who was a member of the Permanent Force on the 1st day of January, 1953, is the holder of a certificate of military service under the Act of 1924, he may, not later than three months after the passing of this Act or the granting of such certificate (whichever is the later), give notice in writing to the Minister that this section is to apply to any pension under the Act of 1924 that may be granted to him. | |
(2) The following provisions shall have effect in relation to a pension under the Act of 1924 granted to a person who has given a notice under this section: | ||
(a) in lieu of commencing on the day of such person's discharge from the Permanent Force, the pension shall commence— | ||
(i) if the certificate of military service was granted before the 1st day of January, 1953—as from the 1st day of January, 1953, and | ||
(ii) if such certificate was granted on or after the 1st day of January, 1953—as from such day (not being earlier than the 1st day of January, 1953, or later than the day immediately preceding the day of such person's discharge from the Permanent Force) as the Minister may appoint, | ||
(b) in lieu of being based on the rank referred to in subsection (3) of section 4 of the Act of 1924, the pension shall be based on the substantive rank held by such person on the day of the commencement of the pension, and | ||
(c) in calculating the pension; the references in the rules set out in the Second Schedule to the Act of 1924 to the date of discharge shall be construed as references to the day of the commencement of the pension and the last paragraph (beginning with the words “Where an applicant”) of those Rules shall be disregarded. | ||
(3) In this section “the Permanent Force” means the force established under Part I of the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923). |