Constabulary (Ireland) Act, 1874

Superannuation.

Saving rights. 10 & 11 Vict. c. 100.

4 & 5 Will. 4. c. 24.

3. It shall be lawful for the Lord Lieutenant, under the conditions herein-after mentioned, to direct that any head or other constable appointed after the tenth day of August one thousand eight hundred and sixty-six may be superannuated, and receive a gratuity or yearly pension not exceeding the proportion of his salary stated in the scale herein-after mentioned; and it shall be lawful for the Treasury, upon the recommendation of the Lord Lieutenant, to direct that any officer of the constabulary force, that is to say, any inspector general, deputy inspector general, assistant inspector general, commandant of the depôt, surgeon, veterinary surgeon, county inspector, barrack master of the depôt, or sub-inspector appointed after the tenth day of August one thousand eight hundred and sixty-six, may be superannuated, and may receive a gratuity or yearly pension not exceeding the proportion of his salary stated in the scale herein-after mentioned; that is to say,

1. A gratuity of one month’s salary for each year’s service when such service has exceeded five years and been less than fifteen years:

2. On completion of fifteen years service, an annual pension of fifteen fiftieths of the salary may be granted, and an increase of one fiftieth for each successive year up to thirty years service completed:

3. After thirty years service, or after the person to be superannuated has attained the age of sixty years, the pension to be equal to thirty fiftieths of the salary, or to a larger proportion in cases of extraordinary merit or good conduct; provided that the particulars constituting such merit or conduct shall be set forth in the authority granting the pension, and that if the pension exceeds the amount which might have been granted for length of service only, it shall not be granted without the consent in writing of the Treasury:

4. For injuries received at any time in the actual performance of duty, a pension may be granted of an amount in proportion to the injury received, not exceeding the full salary; provided that the grounds of disability shall be fully set forth in the authority granting the pension, and that if the pension exceeds the amount which might have been granted for length of service only, it shall not be granted without the consent in writing of the Treasury.

Nothing herein contained shall entitle any member of the constabulary force absolutely to any superannuation allowance, nor prevent him from being dismissed or discharged for misconduct or other sufficient cause without superannuation allowance; and no surgeon hereafter appointed, and no veterinary surgeon who is not required by the terms of his appointment to give up private practice, shall be entitled to any pension or retiring gratuity under this Act.

No such pension or gratuity shall be granted in any case except on the certificate of the surgeon of the force, or such other competent medical officer or officers as the Lord Lieutenant shall name for the purpose, that the person is incapable from infirmity of mind or body to discharge the duties of his situation and that such infirmity is likely to be permanent, and the certificate of the inspector general (or in the case of the inspector general’s superannuation, then on the certificate of the chief secretary to the Lord Lieutenant), that he has served with diligence and fidelity: Provided that any member of the force who shall have served thirty years, or who has attained the age of sixty years or upwards, may upon his petition, be superannuated without such medical certificate.

Save as by this Act expressly provided, the provisions of the Irish Constabulary Act, 1847, shall apply to the members of the constabulary force in Ireland appointed before the 10th day of August one thousand eight hundred and sixty-six, as fully and effectually as if this Act had not passed: Provided always, that any member of the constabulary force appointed as last aforesaid may be superannuated, if he so elect, according to the scale and on the conditions prescribed by this Act.

All pensions and gratuities granted to members of the constabulary force after the passing of this Act shall be computed according to the manner prescribed for the computation of superannuation allowances by section twelve of the Superannuation Act, 1834.

In calculating any superannuation which shall be granted according to the scale and on the conditions prescribed by this Act to members of the constabulary force, whether appointed before or after the tenth day of August one thousand eight hundred and sixty-six, the term salary shall include all allowances for lodging, house rent, and servant: Provided always, that the allowance in respect of lodging or house rent shall not exceed one-sixth of the actual salary and other emoluments.