S.I. No. 236/1966 - Garda Síochána Pensions Order, 1966.

I, BRIAN LENIHAN, 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 section 1 of the Garda Síochána Act, 1958 (No. 14 of 1958), hereby, with the sanction of the Minister for Finance, and after due compliance with subsection (2) of the said section 13, make the following Order:

1. This Order may be cited as the Garda Síochána Pensions Order, 1966.

2. The Garda Síochána Pensions Orders, 1925 to 1965, and this Order may be cited together as the Garda Síochána Pensions Orders, 1925 to 1966.

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

4. The Garda Síochána Pensions Order, 1951 ( S.I. No. 410 of 1951 ), is hereby amended by the substitution of the following for Article 19 (1) (inserted by Article 12 of the Garda Síochána Pensions Order, 1955 ( S.I. No. 115 of 1955 ) ) :

(1) (a) Where—

(i) a pension (in this Article referred to as the pension) is payable under the Garda Síochána Pensions Orders, 1925 to 1966, to a person (in this paragraph referred to as the pensioner), and

(ii) the pensioner receives any payment (inclusive of the money value of emoluments (being any apartments, rations or other perquisites in kind), if any) (in this Article referred to as the payment) in respect of an appointment in the Garda Síochánano more of the pension shall be paid for any specified period of receipt of the payment than so much as, with the payment, equals the remuneration which the pensioner would have received in respect of that period if, during it, he—

(I) held the office in which he served on the last day of his pensionable service, but

(II) was remunerated at the rate of remuneration (inclusive of the money value of emoluments, (being any apartments, rations or other perquisites in kind), if any) of which he was in receipt on that day, subject, however, in case changes have taken place (or, if the said office has ceased to exist, would have taken place if it had not ceased to exist) in that rate, to treating that rate as being varied by taking account of so much of those changes as may be specified.

(b) The Minister for Finance may, at his discretion but subject to the condition specified in subparagraph (c), waive the application of subparagraph (a) in any particular case, and that subparagraph shall thereupon not apply in that case,

(c) The condition referred to in subparagraph (b) is that the Minister for Finance is satisfied that—

(i) persons with particular training and experience are required for particular work in the Garda Síochána,

(ii) the person, who is being re-employed has that training and experience, is being re-employed for that work and is otherwise suitable for re-employment in all respects, and

(iii) it is not practicable to meet that requirement otherwise than by the re-employment of pensioners.

(d) In this paragraph ' specified ' means specified by the Minister for Finance."

5. This Order shall be deemed to have come into operation on the 1st day of January, 1965.

GIVEN under my Official Seal, this 17th day of October, 1966.

BRIAN LENIHAN,

Minister for Justice.

The Minister for Finance hereby sanctions the foregoing Order.

GIVEN under the Official Seal of the Minister for Finance, this 17th day of October, 1966.

JOHN LYNCH,

Minister for Finance.

EXPLANATORY NOTE.

This Order amends the provisions of the Garda Síochána Pensions Orders in relation to abatement of pensions.