Ministerial and Parliamentary Offices Act, 1938
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Suspension of pensions and allowances. |
23.—(1) Where a person to whom a pension under Part IV is for the time being payable is in receipt of any payment out of public moneys, the following provisions shall, while such person is in receipt of the payment out of public moneys, have effect that is to say:— | |
(a) if the annual amount of the payment out of public moneys does not exceed the sum of one hundred pounds, the pension under Part IV shall be reduced by five per cent., | ||
(b) if the annual amount of the payment out of public moneys exceeds the sum of one hundred pounds but does not exceed the sum of one hundred and fifty pounds, the pension under Part IV shall be reduced by ten per cent., | ||
(c) if the annual amount of the payment out of public moneys exceeds the sum of one hundred and fifty pounds but does not exceed the sum of two hundred pounds, the pension under Part IV shall be reduced by twenty per cent., | ||
(d) if the annual amount of the payment out of public moneys exceeds the sum of two hundred pounds but does not exceed the sum of two hundred and fifty pounds, the pension under Part IV shall be reduced by thirty per cent., | ||
(e) if the annual amount of the payment out of public moneys exceeds the sum of two hundred and fifty pounds but does not exceed the sum of three hundred pounds, the pension under Part IV shall be reduced by forty per cent., | ||
(f) if the annual amount of the payment out of public moneys exceeds the sum of three hundred pounds but does not exceed the sum of three hundred and fifty pounds, the pension under Part IV shall be reduced by fifty per cent., | ||
(g) if the annual amount of the payment out of public moneys exceeds the sum of three hundred and fifty pounds but does not exceed the sum of four hundred pounds, the pension under Part IV shall be reduced by sixty per cent., | ||
(h) if the annual amount of the payment out of public moneys exceeds the sum of four hundred pounds but does not exceed the sum of four hundred and fifty pounds, the pension under Part IV shall be reduced by seventy per cent., | ||
(i) if the annual amount of the payment out of public moneys exceeds the sum of four hundred and fifty pounds but does not exceed the sum of five hundred pounds, the pension under Part IV shall be reduced by eighty per cent., | ||
(j) if the annual amount of the payment out of public moneys exceeds the sum of five hundred pounds but does not exceed the sum of five hundred and fifty pounds, the pension under Part IV shall be reduced by ninety per cent., | ||
(k) if the annual amount of the payment out of public moneys exceeds the sum of five hundred and fifty pounds, the pension under Part IV shall be reduced by one hundred per cent. | ||
(2) Where— | ||
(a) a person to whom a pension under Part IV is for the time being payable is then in receipt of any payment out of public moneys, and | ||
(b) the annual amount of the payment out of public moneys exceeds one hundred pounds, and | ||
(c) the total amount receivable on foot of the payment out of public moneys and the pension under Part IV (if the latter were reduced under the paragraph of sub-section (1) of this section which would, but for this present sub-section, be applicable) would be less than the total amount (in this sub-section referred to as the hypothetical amount) which would be receivable on foot of the payment out of public moneys and the pension under Part IV (if the former were the larger sum or the only sum mentioned in, and the latter were reduced by the percentage mentioned in, the paragraph next preceding the said first-mentioned paragraph of the said sub-section (1)), | ||
then the pension under Part IV shall be reduced only to such an amount as will, when added to the payment out of public moneys, equal the hypothetical amount. | ||
(3) In this section— | ||
the expression “pension under Part IV” means a pension or allowance payable under this Part of this Act; | ||
the expression “payment out of public moneys” means— | ||
(a) any remuneration, pension or allowance payable out of moneys provided by the Oireachtas or out of the Central Fund or out of the funds of a local authority, or | ||
(b) any remuneration of a position to which the holder has been nominated by the Government, or a Minister of State, | ||
but does not include— | ||
(c) a pension under Part IV, or | ||
(d) an allowance under Part III of this Act, or | ||
(e) a pension or allowance under the Army Pensions Acts, 1923 to 1937, in respect of a wound or disability suffered prior to the 1st day of October, 1924, or | ||
(f) a pension under the Military Service Pensions Acts, 1924 to 1934, in any case in which the pensioner is also entitled to a widow's pension. |