S.I. No. 301/1941 - Gárda Síochána Pensions Order, 1941.

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 Gárda Síochána and to their widows, children, and dependants :

AND WHEREAS it is enacted by sub-section (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 Gárda Síochána who immediately before the commencement of the said Act were members or the Dublin Metropolitan Police :

AND WHEREAS the Gáda Síochána Pensions Orders, 1925 to 1938, were made by the Minister for Justice under the powers conferred on him by the said Section 13 of the Police Forces Amalgamation Act, 1925 .

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, hereto, the following order :

1. This Order may be cited as the Gárda Síochána Pensions Order, 1941.

2. This Order and the Gárda Síochána Pensions Orders, 1925 to 1938, may be cited together as the Gárda Síochána Pensions Orders, 1925 to 1941.

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

4. In this Order the expression " the pension enactments," when used in relation to a member of the Gárda Síochána, means the enactments (not including this Order) relating to the pension of such member.

5. Whenever a member of the Gárda Síochána is retired under the Gárda Síochána (Retirement) Regulations, 1941, the following provisions shall have effect, that is to say :—

(a) such member shall be entitled (as may be appropriate) to receive a gratuity or to receive for life a pension, and such gratuity or pension shall be of the like amount as would have been appropriate under the pension enactments had the retirement of such member been due to incapacity for the performance of his duty by infirmity of mind or body,

(b) such gratuity or pension shall be in lieu of, and not in addition to, any gratuity or pension under the pension enactments, to which such member might otherwise be entitled, and

(c) there shall apply in respect of such gratuity or pension every provision of the pension enactments which relates to a gratuity or pension granted on retirement due to incapacity such as aforesaid other than any such provision which relates to proof of incapacity or continuation of incapacity or recall for service.

Given under the Official Seal of the Minister for Justice, this 13th day of June, 1941.

(Signed) G. BOLAND.

I hereby sanction the foregoing Order.

Minister for Justice.

(Signed) SEÁN T. Ó CEALLAIGH,

Minister for Finance.