Military Service Pensions (Amendment) Act, 1953
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Withdrawal of certain options. |
4.—(1) Where a person has, before the passing of this Act— | |
(a) opted under subsection (2) of section 8 of the Act of 1924 to surrender his pension under the Act of 1924, or | ||
(b) opted under subsection (2) of section 20 of the Act of 1934 to surrender his pension under the Act of 1934, | ||
such person may, not later than three months after the passing of this Act, give notice in writing to the Minister that he wishes to withdraw the option. | ||
(2) Where a person gives a notice under this section— | ||
(a) the option to which the notice relates shall stand withdrawn, | ||
(b) the withdrawal shall have retrospective effect as from the time when the option was exercised, and | ||
(c) the overpayments out of moneys provided by the Oireachtas created by the giving of the notice shall be recovered by non-payment of the pensions of such person to an extent equivalent to the over-payments. | ||
(3) In paragraph (c) of subsection (2) of this section “the pensions” means, in relation to a person, either (as may be appropriate)— | ||
(a) (i) the pension of such person under the Act of 1924, and | ||
(ii) the superannuation allowance, pension or allowance of such person referred to in subsection (2) of section 8 of the Act of 1924 as amended by subsection (1) of section 4 of the Military Service Pensions Act, 1930 (No. 8 of 1930), or | ||
(b) (i) the pension of such person under the Act of 1934, and | ||
(ii) the superannuation allowance, pension or allowance of such person referred to in subsection (2) of section 20 of the Act of 1934. |