S.I. No. 82/1938 - Garda Síochána Pensions Order, 1938.

STATUTORY RULES AND ORDERS. 1938. No. 82.

GARDA SIOCHANA PENSIONS ORDER, 1938.

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:

NOW I, Patrick J. Ruttledge, 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 the Minister for Finance testified by the affixing of his official seal hereto, hereby order as follows:—

1. This Order may be cited as the Gárda Síochána Pensions Order, 1938.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3. In this Order—

the expression "the Principal Order" means the Gárda Síochána Pensions Order, 1925 (Statutory Rules and Orders, No. 63 of 1925), the expression "the Minister" means the Minister for Justice,

the word "Commissioner" means Commissioner of the Gárda Síochána.

4. The Principal Order and every order (including this Order) amending or extending that Order shall, in addition to the persons to whom the said Orders apply by virtue of Article 3 of the Principal Order, apply to every Commissioner (including the Commissioner holding office at the date of this Order) who retires after the date of this Order and is not a person to whom the said Orders apply by virtue of the said Article 3.

5. Sub-paragraph (a) of paragraph (1) of Article 4 of the Principal Order shall not apply to a Commissioner, and in lieu thereof the following provision shall apply and have effect, that is to say:—

If a Commissioner has either attained the age of 60 years or obtained the permission of the Minister to retire and in either case has completed the requisite period of approved service specified in paragraph (4) of Article 4 of the Principal Order and has given to the Minister three months written notice, or such shorter notice as the Minister may accept, of his intention to retire, he shall be entitled, on the expiration of such notice, without a medical certificate to retire and receive an ordinary pension for life.

6. Where the approved service of a Commissioner is being reckoned for any purpose arising under the Principal Order and the orders (including this Order) amending or extending that Order and the Minister for Finance is satisfied that such Commissioner—

(a) served at any time as a member of the Dublin Metropolitan Police, and

(b) ceased for political reasons so to serve, and

(c) subsequently served continuously as a member of the Dublin Metropolitan Police and the Gárda Síochána from a date prior to the 3rd day of April, 1925,

the Minister for Finance may, if he so thinks fit, allow such Commissioner to reckon the period of his service mentioned in the foregoing paragraph (a), and the period from the cesser of that service to the commencement of his service mentioned in the foregoing paragraph (c), and the period of his continuous service subsequent to the commencement of his said service mentioned in the said paragraph (c), as one continuous period of approved service, and the Minister for Finance may also, if he so thinks fit, increase the said continuous period of approved service by such number of additional years (not exceeding ten) as he shall think proper.

7. Notwithstanding anything contained in paragraph (5) of Article 9 of the Principal Order or in the proviso to that paragraph, a person who is appointed or transferred without break of service from a post in the Civil Service to the post of Commissioner shall be entitled to reckon as approved service within the meaning of the Principal Order the whole of his service in the capacity of a Civil Servant within the meaning of section 12 of the Superannuation Act, 1887, and shall be entitled so to reckon his said service at the actual amount thereof.

Given under my official seal this 6th day of May,

1938.

(Signed) P. J. RUTTLEDGE,

Minister for Justice.

The Minister for Finance sanctions the

foregoing Order.

(Signed) W. DOOLIN,

6th May, 1938.