S.I. No. 149/1965 - Garda Síochána Pensions Order, 1965.


I, BRIAN LENIHAN, Minister for Justice, in exercise of the powers conferred on me by section 13 of the Police Forces Amalgamation Act, 1925 (No. 7 of 1925), and section 1 of the Garda Síochána Act, 1958 (No. 14 of 1958), hereby, with the sanction of the Minister for Finance and after due compliance with subsection (2) of the said section 13, order as follows:

1.—(1) This Order may be cited as the Garda Síochána Pensions Order, 1965.

(2) The Garda Síochána Pensions Orders, 1925 to 1957, and this Order may be cited together as the Garda Síochána Pensions Orders, 1925 to 1965.

2. In this Order—

"woman member" means a woman member of the Garda Síochána;

"approved service" has the meaning given to that expression by Article 9 of the Garda Síochána Pensions Order, 1925 (S.R. & O., No. 63 of 1925), as amended by Article 25 of the Garda Síochána Pensions Order, 1950 ( S.I. No. 154 of 1950 ), and paragraph (2) of Article 18 of the Garda Síochána Pensions Order, 1951 ( S.I. No. 410 of 1951 ).

3. Article 4 of the Garda Síochána Pensions Order, 1925 (S.R. & O., No. 63 of 1925), shall, in its application to a woman member, have effect as if the reference in paragraph (4) to thirty years were a reference to twenty-five years.

4. A woman member who has completed not less than six years' approved service and who complies with the following conditions, that is to say—

(a) gives notice in writing to the Minister of her intention to retire from the Garda Síochána because of her impending marriage,

(b) retires from the Garda Síochána not later than the date of her marriage, and

(c) marries within four months of the date of her retirement,

shall be entitled to receive a gratuity of an amount equal to one-twelfth of her annual pay on the date of her retirement multiplied by the number of whole years of her approved service, but not exceeding twelve such years, provided that, if the Minister considers that there are special circumstances in a particular case which warrant such a course, a woman member shall be entitled to receive a gratuity under this Article notwithstanding that she fails to comply with paragraph (a) or paragraph (c) of this Article.

5. Article 4 of the Garda Síochána Pensions Order, 1930, is hereby amended, with effect from the 5th day of May, 1960, by the substitution for sub-rule (2) of the following:

"(2) (a) In the case of a member of the force to whom paragraph (a) or paragraph (b) of the foregoing sub-rule of this rule applies, the calculation of the pension, allowance or maximum gratuity payable shall, if the Minister so directs, be computed upon the amount of the annual pay to which the member concerned would have been entitled at the time of his death or retirement if he had not been promoted.

(b) Where the Minister gives a direction under paragraph (a) of this sub-rule, such amount (if any) as may be determined by the Minister, with the concurrence of the Minister for Finance, having regard to any payment received in consequence of the promotion in excess of what would have been received if there had been no promotion, may be added to the amount of the annual pay for the purpose of calculating the pension, allowance or maximum gratuity payable.

(c) No pension, allowance or gratuity shall be computed on an amount exceeding the amount of the annual pay determined in accordance with subparagraph (c) of paragraph (1) of this Article."

6. The Garda Síochána Pensions Order, 1955 ( S.I. No. 115 of 1955 ), is hereby amended by the substitution for Article 8 of the following Article:

"8. Where a member of the Force who was formerly a member of the Taca Síochána (established by the Emergency Powers (Temporary Special Police Force) Order, 1939 (S.R. & O., No. 243 of 1939)) dies while serving or retires, there shall, for the purposes of the Order of 1925, be reckoned as approved service, in his case one-half of his service in the Taca Síochána."

GIVEN under my Official Seal, this 8th day of July 1965.

BRIAN LENIHAN,

Minister for Justice.

The Minister for Finance hereby sanctions the foregoing Order.

GIVEN under the Official Seal of the Minister for Finance, this 8th day of July, 1965.

JOHN LYNCH,

Minister for Finance.

EXPLANATORY NOTE.

This Order contains provisions in relation to (1) superannuation for women members of the Garda Síochána, (2) reckoning of pay for superannuation purposes in the case of members who retire, or die while serving, within three years of promotion and (3) the reckoning of service in the Taca Síochána for superannuation purposes.