30/06/1930: The Garda Siochana Pensions Order, 1930.

SAORSTÁT EIREANN.

THE GARDA SIOCHANA PENSIONS ORDER, 1930.

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 officers and men of the force referred to in the said Act as the amalgamated force (being the force formed under the title "the Gárda Síochána" by the amalgamation under the said Act of the Dublin Metropolitan Police and 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 order 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 said amalgamated force who immediately before the commencement of the said Act were members of the Dublin Metropolitan Police:

AND WHEREAS the Dublin Metropolitan Police Pensions Orders, 1922 and 1924, authorising the payment of pensions, allowances, and gratuities to members of the Dublin Metropolitan Police and their widows, children, and dependants were in force immediately before the commencement of the said Act:

AND WHEREAS by the Gárda Síochána Pensions Order, 1925, made in exercise of the said power conferred by the said Section 13, the Minister for Justice authorised the grant and payment of pensions, allowances, and gratuities to members and the widows, children, and dependants of members of the Gárda Síochána other than those who were serving as members of the Dublin Metropolitan Police prior to the 15th day of March, 1924, and became members of the Gárda Síochána by virtue of the provisions of the said Police Forces Amalgamation Act, 1925 :

NOW I, JAMES FITZGERALD-KENNEY, 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 of every and any other power me in this behalf enabling, do, with the sanction of Earnan de Blaghd, Minister for Finance, testified by his signature hereto, hereby order as follows:—

1.—This Order may be cited for all purposes as the Gárda Síochána Pensions Order, 1930.

2.—The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

3.—In this Order—

the expression "the Minister" means the Minister for Justice,

the expression "the force" means the Gárda Síochána.

4.—Rule 20 of the First Schedule to the Dublin Metropolitan Police Pensions Order, 1922, and Rule 8 of Part III. of the First Schedule to the Gárda Síochána Pensions Order, 1925, shall cease to have effect as from the date of this Order, and in lieu thereof the following provisions shall have effect, that is to say:—

(1) In calculating any pension, allowance, or gratuity for the purposes of either of the said Orders, the expression "annual pay" means—

(a) in the case of a member of the force who at the date of his death or retirement holds a rank to which he was promoted within three years before such death or retirement and is at such death or retirement in actual receipt of his pay or some part thereof, the average annual amount of pay (before any pension or other deduction and without taking account of any stoppage) to which he was entitled during the said three years, and

(b) in the case of a member of the force who at the date of his death or retirement holds a rank to which he was promoted within three years before such death or retirement but is at such death or retirement not in actual receipt of any part of his pay, the average annual amount of pay (before any pension or other deduction and without taking account of any stoppage) to which he was entitled during the three years ending on the last date before his death or retirement on which he was in actual receipt of his pay or some part thereof, and

(c) in the case of a member of the force to whom neither of the foregoing sub-paragraphs applies, the amount of the annual pay (before any pension or other deduction and without taking account of any stoppage) to which he is entitled at his death or retirement, or, where he is not then in actual receipt of any part of his pay, to which he was entitled on the last date before his death or retirement on which he was in actual receipt of his pay or some part thereof.

(2) In the case of a member of the force to whom paragraph (a) or paragraph (b) of the next foregoing sub-rule of this rule applies, the pension, allowance, or maximum gratuity payable shall, notwithstanding anything contained in the said paragraphs, not be less than the pension, allowance, or maximum gratuity which would have been payable if he had not received the promotion mentioned in the said paragraphs.

(3) In any case in which the pay of a member of the force is weekly pay, the annual amount of such pay shall far the purposes of the foregoing provisions be deemed to be fifty-two times the amount of such weekly pay,

5. A member of the force who complies with all the following conditions, that is to say—

(a) that he was a member of the Dublin Metropolitan Police and resigned or was dismissed therefrom before the 11th day of July, 1921, and

(b) that he is certified by the Minister in writing under his hand so to have resigned or been dismissed solely because of his national sympathies, and

(c) that his approved service in the Dublin Metropolitan Police was not less than one year, and

(d) that he became a member of the Gárda Síochána before the 8th day of November, 1923, and

(e) that he was serving as a member of the Gárda Síochána at the date of this Order,

shall be entitled to reckon the period of his approved service in the Dublin Metropolitan Police and also the period from his resignation or dismissal from that force to his becoming a member of the Gárda Síochána as approved service for the purposes and within the meaning of the Gárda Síochána Pensions Order, 1925.

6.—In addition to the provisions contained in Article 15 of the Dublin Metropolitan Police Pensions Order, 1922, the following provision shall have effect with respect to every pension, allowance, and gratuity payable under that Order or under the Order therein referred to as the Interim Order, 1920, that is to say—

If the Minister for Finance is satisfied on the certificate of a duly qualified medical practitioner that a person to whom any such pension, allowance, or gratuity is payable is unable by reason of mental disability to manage his or her affairs, the said Minister may apply such pension, allowance, or gratuity for the benefit of such person or his or her dependants (if any) in such manner as he may think fit, and the said Minister and the person making the payment shall be discharged from all liability in respect of any payment so made.

7.—Clause 3 of the Dublin Metropolitan Police Pensions Order, 1924, is hereby revoked.

Dated this 30th day of June, 1930.

JAMES FITZGERALD-KENNEY,

Minister for Justice.

I hereby sanction the foregoing Order.

EARNAN DE BLAGHD,

Minister for Finance.

30th day of June, 1930,