Presidential Establishment Act, 1938

General provisions in respect of pensions granted under this Act.

5.—(1) Every pension granted under this Act shall be deemed to accrue from day to day, but shall be paid to the person to whom it is granted or such person's personal representative in arrear by equal quarterly instalments or by such other periodical instalments as the Minister for Finance shall from time to time determine.

(2) Where a person to whom a pension has been granted under this Act becomes a member of the Oireachtas, the amount of such pension shall, notwithstanding anything to the contrary contained in any other Act, be reduced, so long as such person continues to be a member of the Oireachtas, by the amount of any allowance to which such person may be entitled under statutory authority by virtue of such membership.

(3) Where a person to whom a pension has been granted under this Act is in receipt of any remuneration, pension, emolument, or allowance payable out of public funds or the funds of a local authority, the following provisions shall have effect, that is to say:—

(a) whenever and so long as the total amount payable to such person out of the said funds is equal to or exceeds the pension granted to such person under this Act, that pension shall not be payable;

(b) whenever and so long as the total amount aforesaid is less than the said pension granted under this Act, so much only of the said pension shall be payable as will, together with the said total amount, be equal to the full amount of the said pension.

(4) It shall be lawful for the Government to declare by order that any particular fund or money shall be deemed to be a public fund for the purposes of the next preceding sub-section of this section, and whenever any such declaration is so made the expression “public funds” shall, in the said next preceding sub-section, be construed and have effect as including the fund or money to which such declaration relates.