Ministerial and Parliamentary Offices Act, 1938
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Prohibition of double pensions. |
19.—(1) Where a person becomes entitled on the same day to both a ministerial pension and a secretarial pension, such person shall be deemed not to be entitled to such secretarial pension. | |
(2) Where a person who is entitled to a secretarial pension subsequently becomes entitled to a ministerial pension such person shall as on and from the date on which he becomes entitled to such ministerial pension cease to be entitled to such secretarial pension. | ||
(3) A person shall not be entitled to reckon the same period of time both for the purpose of a ministerial pension or a secretarial pension and also for the purpose of a pension or allowance under the Military Service Pensions Acts, 1924 to 1934, or the Superannuation Acts, 1834 to 1936, or any other Act, whether passed before or after the passing of this Act, whereunder such person shall or may become entitled to any pension the amount of which is determined by length of service. | ||
(4) Where— | ||
(a) a person who is entitled to a military service pension under the Military Service Pensions Act, 1924 (No. 48 of 1924), becomes entitled on the date of the passing of this Act to a ministerial pension or a secretarial pension, and | ||
(b) any period of time which is reckoned for the purpose of computing the amount of such military service pension would, but for the next preceding sub-section, be reckonable also for the purpose of computing the amount of such ministerial pension or secretarial pension, and | ||
(c) such person has, not later than twelve months after the date on which he has applied for such ministerial pension or secretarial pension, given notice in writing to the Minister for Finance that he desires to surrender so much of such military service pension as is calculated by reference to either (as may be stated in such notice) such period of time or any specified part thereof, | ||
the following provisions shall as on and from the giving of such notice have effect, that is to say:— | ||
(i) such military service pension shall be reduced by the amount thereof which such person so desires to surrender, and | ||
(ii) such period of time or such specified part thereof (as the case may be) shall, for the purpose of calculating the amount of such ministerial pension or secretarial pension, be treated as a period of pensionable service and be deemed to be of the same notional length as if it were calculated under the First Schedule to the said Act. |