Military Service Pensions Act, 1930
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Extension of prohibition against double pensions. |
4.—(1) The references contained in sub-section (2) of section 8 of the Principal Act to a superannuation allowance under the Superannuation Acts, 1834 to 1923, shall be construed as including a pension or allowance granted under section 5 of the Superannuation and Pensions Act, 1923 (No. 34 of 1923), and the said sub-section (2) shall have effect accordingly. | |
(2) The expression “period of time” in the said sub-section (2) of section 8 of the Principal Act shall, in relation to a person to whom a pension or allowance has been or shall hereafter be granted under section 5 of the Superannuation and Pensions Act, 1923 , include any period whether actual or notional which such person is or shall be entitled by law to reckon in calculating the amount of such pension or allowance. | ||
(3) Where the said sub-section (2) of section 8 of the Principal Act becomes by virtue of this section applicable to a person to whom a pension or allowance has before the passing of this Act been granted under section 5 of the Superannuation and Pensions Act, 1923 , the Minister for Finance may re-assess such pension or allowance as from the passing of this Act in such manner as may be necessary to give effect to the said sub-section (2) but not so as to increase such pension or allowance to an amount exceeding the maximum amount prescribed by law in respect of pensions and allowances granted under the said section 5 . | ||
(4) Neither this section nor anything done thereunder or in consequence thereof shall operate to invalidate or require a refund of any sum paid before the passing of this Act or to disentitle any person to any sum or part of a sum accrued or accruing at the passing of this Act in respect of a military service pension or a pension granted under section 5 of the Superannuation and Pensions Act, 1923 . | ||
(5) Every reference in this section to section 5 of the Superannuation and Pensions Act, 1923 , shall be construed as including the said section 5 as amended by any Act of the Oireachtas passed before or after the passing of this Act. |