Military Service Pensions Act, 1934

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Number 43 of 1934.

MILITARY SERVICE PENSIONS ACT, 1934.

ARRANGEMENT OF SECTIONS

FIRST SCHEDULE.

Rules for Determining Notional Grades of Rank in the Forces Held by Persons Serving in the Forces.

SECOND SCHEDULE.

Rules for Calculating Amount of Pensions under this Act.

THIRD SCHEDULE.

Calculation of Suspension of Pensions.

Number 43 of 1934.

MILITARY SERVICE PENSIONS ACT, 1934.

AN ACT TO AMEND AND EXTEND THE MILITARY SERVICE PENSIONS ACTS, 1924 TO 1930. [13th September, 1934.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

Definitions.

1.—In this Act—

the expression “the Minister” means the Minister for Defence;

the expression “the Act of 1924” means the Military Service Pensions Act, 1924 (No. 48 of 1924);

the expression “the Act of 1925” means the Military Service Pensions Act, 1925 (No. 15 of 1925);

the expression “the Act of 1930”means the Military Service Pensions Act, 1930 (No. 8 of 1930);

the expression “the Forces” means the following military bodies, that is to say:—

(a) Oglaigh na hEireann (Irish Republican Army),

(b) The Irish Volunteers,

(c) The Irish Citizen Army,

(d) Fianna Eireann,

(e) The Hibernian Rifles,

(f) Cumann na mBan;

the expression “the first critical date” means the 11th day of July, 1921;

the expression “the second critical date” means—

(a) in the case of a person who served in the Forces on the 1st day of July, 1922, the 1st day of July, 1922, and

(b) in the case of a person who did not serve in the Forces on the 1st day of July, 1922, but who served in the Forces at any time during the period commencing on the 2nd day of July, 1922, and ending on the 30th day of September, 1923, the date during that period on which such person first served in the Forces;

the expression “certificate of military service” means a certificate granted under section 2 of the Act of 1924;

the word “prescribed” means prescribed by regulations made by the Minister under this Act.

Service in the Forces.

2.—(1) A person shall for the purposes of this Act be deemed to have been serving in the Forces while such person was rendering active service in any of the bodies which constitute the Forces and, in the case of a person who served as a member of the Irish Volunteer Executive or of the Headquarters Staff of Oglaigh na hEireann (Irish Republican Army) or in the Intelligence Branch of any of the bodies which constitute the Forces, while such person was so serving.

(2) The following circumstances shall not be deemed to constitute a breach in the continuity of service in the Forces for the purposes of this Act, that is to say:—

(a) absence from duty following arrest, imprisonment, internment or deportation under the Defence of the Realm Act, 1914, the Restoration of Order in Ireland Act, 1920, or any regulations made thereunder;

(b) absence from duty following arrest, imprisonment or penal servitude in respect of sedition, treason or treason felony prior to the 11th day of July, 1921;

(c) absence from duty by reason of duties necessitating such absence undertaken at the instance of or on behalf of the Cabinet of the First Dáil Eireann or of the Second Dáil Eireann;

(d) absence from duty while under arrest, as a result of activities as a member of the Forces.

Persons to whom this Act applies.

3.—(1) This Act applies to every person—

(a) who served in the Forces at any time during the week commencing on the 23rd day of April, 1916, or who served in the Forces continuously during either of the following periods, that is to say, the period commencing on the 1st day of April, 1920, and ending on the 31st day of March, 1921, and the period commencing on the 1st day of April, 1921, and ending on the 11th day of July, 1921, and

(b) who served in the Forces at any time during the period commencing on the 1st day of July, 1922, and ending on the 30th day of September, 1923, and

(c) who is not a person to whom the Act of 1924 applies.

(2) Where a person who is not a person to whom the Act of 1924 applies and who is not a person to whom, by virtue of the preceding sub-section of this section, this Act applies, has either—

(a) served in the Forces at any time during the week commencing on the 23rd day of April, 1916, or

(b) served in the Forces continuously during the period commencing on the 1st day of April, 1921, and ending on the 11th day of July, 1921,

this Act shall, notwithstanding anything contained in the foregoing sub-section of this section, apply to such person, but with and subject to the modification that, in respect of such person, the expression ‘the first critical date’ shall be construed as meaning the date during the said week or, if he did not serve during the said week, during the said period, on which he first served in the Forces in such week or such period (as the case may be) and the expression ‘the second critical date’ shall be construed as meaning the earliest date in the period between the first critical date in respect of such person and the 12th day of July, 1921, on which such person held his highest rank in such last-mentioned period in the Forces.

(3) The Act of 1924 shall, for the purposes of this section, be deemed not to apply to a person to whom that Act in fact applies but in respect of whom the Minister is satisfied either that because of such person having served in the Forces he did not apply for a certificate of military service under the said Act or that such person was refused such certificate because of his having been sentenced to imprisonment or penal servitude in respect of an act done by him in the execution of his duty as a member of the Forces.

Notional grades of rank.

4.—(1) For the purposes of this Act the following shall be deemed to have been the grades of rank in the Forces, that is to say:—

(a) Rank A;

(b) Rank B;

(c) Rank C;

(d) Rank D;

(e) Rank E.

(2) For the purposes of this Act any grade of rank specified in any paragraph of the immediately preceding sub-section shall be deemed to be senior to any grade of rank specified in a subsequent paragraph of the said sub-section.

(3) References in this Act to the grade of rank held in the Forces at a particular date by a person to whom this Act applies shall be construed as references to the grade of rank deemed to have been held by him at such date as ascertained in accordance with the rules set out in the First Schedule to this Act.

The Referee.

5.—(1) For the purposes of this Act there shall be a referee (in this Act referred to as the Referee).

(2) The Executive Council shall as soon as may be necessary after the passing of this Act and thereafter as occasion requires appoint on the recommendation of the Minister a person who at the date of his appointment is a judge of the Supreme Court, the High Court or the Circuit Court, or a Justice of the District Court, or a practising barrister of at least ten years' standing to be the Referee, and any person so appointed shall hold office during the pleasure of the Executive Council.

(3) Whenever the Referee is through ill-health or other sufficient cause temporarily incapacitated from performing the duties of his office, the Executive Council may on the recommendation of the Minister appoint a person who at the date of his appointment is a judge of the Supreme Court, the High Court or the Circuit Court, or a Justice of the District Court or a practising barrister of at least ten years' standing to perform during such incapacity the duties of the Referee, and every person so appointed shall during such incapacity have all the powers of the Referee.

(4) There may be paid out of moneys provided by the Oireachtas to the Referee or any person appointed under the immediately preceding sub-section such fees or remuneration as the Minister for Finance may determine.

(5) The Minister may make rules regulating the procedure of the Referee.

(6) The Referee may for the purpose of carrying out the duties imposed on him by this Act, make all such inquiries as he may deem necessary.

(7) The Referee shall have all such powers, rights and privileges for enforcing the attendance of witnesses and examining them on oath (which he is hereby authorised to administer) or otherwise, and for compelling the production of documents as are vested in the High Court, or a judge thereof in respect of the trial of an action, and a summons signed by the Referee shall be equivalent to and have the like effect as a formal process issued by the High Court for enforcing the attendance of witnesses and compelling the production of documents.

(8) If any person—

(a) on being duly summoned as a witness before the Referee makes default in attending, or

(b) being in attendance as a witness refuses to take an oath legally required by the Referee to be taken, or to produce any document in his power and control legally required by the Referee to be produced by him, or to answer any question to which the Referee may legally require an answer, or

(c) does any other thing which would, if the Referee were a Court of Justice, having power to commit for contempt of court, be contempt of such court,

the Referee may certify the offence of that person under his hand to the High Court and that court may, after such inquiry as it thinks proper to make, punish or take steps for the punishment of that person in like manner as if he had been guilty of contempt of the said court.

Advisory Committee.

6.—(1) There shall be established a committee to be styled and known as the Advisory Committee (in this section referred to as the Committee) to sit with the Referee and assist him in the exercise of his functions under this Act.

(2) The Committee shall consist of four members, that is to say:—

(a) two members, being persons who held high rank in the Forces before the 11th day of July, 1921, who shall be nominated by and hold office during the pleasure of the Executive Council;

(b) a member who shall be nominated by and hold office during the pleasure of the Minister for Finance; and

(c) a member who shall be nominated by and hold office during the pleasure of the Minister.

(3) Whenever a member of the Committee is, through illhealth or other sufficient cause, temporarily incapacitated from performing his duties as such member, the authority by whom such member was appointed may appoint another person to be a member of the Committee in place of the member so incapacitated for so long as such incapacity continues.

(4) There may be paid out of moneys provided by the Oireachtas to any member of the Committee such fees or remuneration as the Minister for Finance may determine.

Applications for service certificates.

7.—(1) Any person who claims to be a person to whom this Act applies may send to the Minister an application for the grant to him of a certificate (in this Act referred to as a service certificate) that he is a person to whom this Act applies.

(2) Every application under this section shall be made within the prescribed time and shall be in the prescribed form and contain the prescribed particulars.

Reference of applications to the Referee and report thereon.

8.—(1) The Minister shall refer every application for a service certificate to the Referee and thereupon the Referee shall investigate such application and make a report to the Minister thereon in accordance with this section.

(2) Every report by the Referee on an application for the grant of a service certificate referred to him shall contain findings on the following matters, that is to say:—

(a) whether the applicant is or is not a person to whom this Act applies;

(b) if the Referee finds that the applicant is a person to whom this Act applies—

(i) the service periods during which the applicant served in the Forces, the particular military body or bodies (being part of the Forces) in which he served during each such service period, and the duration within each such period of his service in each such body, and

(ii) the grade of rank in the Forces held by him on the second critical date, and, if he was serving in the Forces on the first critical date, the grade of rank held by him on that date,

(iii) such other matters as may be prescribed.

(3) Every report made by the Referee under this section shall be in the prescribed form.

(4) The onus of proving before the Referee any matters of fact alleged in an application for a service certificate shall rest on the applicant and he shall be at liberty to offer such evidence as he may consider necessary to discharge such onus.

(5) Where a report has been made by the Referee under this section on an application for a service certificate, the Minister may, on the ground that evidence not available prior to the making of such report has since become available, request the Referee to review such report, and the Referee shall thereupon review such report and, after considering such additional evidence and any evidence which the person to whom such report relates may adduce, may either, as he thinks proper, confirm or vary such report.

(6) Where the Minister requests the Referee to review a report under this section on the grounds that evidence not available prior to the making of such report has since become available, he shall inform the person to whom such report relates of such request, and, unless such request was made on the motion of such person, furnish him with a statement of such evidence.

(7) In this Act the expression “a report under this Act” means a report made by the Referee under sub-section (1) of this section, with such (if any) variations therein as may have been made under sub-section (5) of this section.

(8) For the purposes of this section each of the periods specified in the second column of the Appendix to Rule 1 of the Second Schedule to this Act shall be a service period.

Conclusiveness of report of Referee.

9.—The findings of the Referee as set out in a report under this Act shall, subject to any revision of such report made by the Referee under the subsequent provisions of this Act, be final and conclusive and binding on all persons and tribunals whatsoever.

Grant of service certificates.

10.—(1) Where it appears from a report under this Act that the person to whom such report relates is not a person to whom this Act applies, the Minister shall refuse to grant to such person a service certificate.

(2) Where it appears from a report under this Act that the person to whom such report relates is a person to whom this Act applies, the Minister shall, subject to the provisions of this section, grant to such person a service certificate.

(3) The Minister may in his absolute discretion refuse to grant a service certificate to any applicant therefore who shall have been sentenced by a court of competent jurisdiction in Saorstát Eireann or elsewhere to suffer imprisonment with or without hard labour for any term exceeding three months or any term of penal servitude.

Grant of pension.

11.—(1) The Minister may, with the sanction of the Minister for Finance and subject to the provisions of this Act, grant to any person who has been granted a service certificate a pension payable, subject to the provisions of this Act, during his life.

(2) Every pension granted, under this Act shall commence as on and from the 1st day of October, 1934.

(3) No person shall receive a pension under this Act unless money for the payment of such pension shall have been voted by the Oireachtas.

(4) The amount of a pension which may be granted to any person under this Act shall be calculated in accordance with the rules applicable to his case set out in the Second Schedule to this Act.

Revocation of pension under this Act by the Executive Council.

12.—(1) Subject to the provisions of this section, the Executive Council may at any time by order revoke for reasons stated in such order any pension granted under this Act.

(2) No such pension shall be so revoked unless or until the reasons for such proposed revocation have been communicated in writing to the person in receipt of the pension and such person has been given a reasonable opportunity of making to the Executive Council such explanation, answer, or other case as the may think proper in relation to such proposed revocation or the reasons therefore.

(3) Every order made by the Executive Council under this section shall be published in the Iris Oifigúil as soon as may be after it is made.

Revocation and reduction of pensions under the Act of 1924 and this Act by the Minister.

13.—(1) Where—

(a) in consequence of a report under the Act of 1924 a certificate of military service has been granted, or

(b) in consequence of a report under this Act a service certicate has been granted,

the Minister may, on the ground that evidence not available prior to the making of such report has since become available, at any time request the Referee to review such report, and the Referee shall thereupon review such report and, after nearing such additional evidence and any evidence which the person to whom such report relates may adduce, may, either as he thinks proper, confirm or vary such report.

(2) Where the Minister requests the Referee to review under this section a report under the Act of 1924 or a report under this Act on the ground that evidence not available prior to the making of such report has since become available, he shall inform the person to whom such report relates of such request and furnish him with a statement of such evidence.

(3) Where a report under the Act of 1924 is varied by the Referee under this section, the reference contained in sub-section (6) of section 3 of the Act of 1924, as amended by section 2 of the Act of 1930, to the findings of the board of assessors set out in such report shall be construed as a reference to the said findings as set out in such report as so varied.

(4) Where—

(a) the Referee on the review under this section of a report under the Act of 1924 or a report under this Act varies such report, and

(b) it appears from such report as varied that the person to whom such report relates is not, in case such report is a report under the Act of 1924, a person to whom that Act applies or, in case such report is a report under this Act, a person to whom this Act applies:

the following provisions shall have effect, that is to say:—

(i) in case such report is a report under the Act of 1924, the Minister shall revoke the certificate of service granted to such person, and shall, if a pension under the Act of 1924 has been granted to such person, by order revoke, as from a date not being earlier than the date of such order, such pension, and

(ii) in case such report is a report under this Act, the Minister shall revoke the service certificate granted to such person, and shall, if a pension under this Act has been granted to such person, by order revoke, as from a date not being earlier than the date of such order, such pension.

(5) Where—

(a) the Referee on the review under this section of a report under the Act of 1924 varies such report, and

(b) it appears from such report as varied that the person to whom such report relates is a person to whom the Act of 1924 applies,

the Minister shall alter the certificate of military service granted to such person so as to conform with such report as so varied, and shall, if a pension under the Act of 1924 was granted to such person and such pension was not revoked under the Act of 1925 and the amount of such pension is greater than the amount which would have been granted if such report as originally made had been in the same terms as such report as varied, by order reduce, from such date not being earlier than the date of such order, such pension to the amount which would have been the proper amount thereof under the Act of 1924, if such report as originally made had been in the same terms as such report after such variation.

(6) Where—

(a) the Referee on the review under this section of a report under this Act varies such report, and

(b) it appears from such report as varied that the person to whom such report relates is a person to whom this Act applies,

the Minister shall alter the service certificate granted to such person so as to conform with such report as so varied, and shall, if a pension under this Act was granted to such person and such pension was not revoked under this Act, and the amount of such pension is greater than the amount which would have been granted if such report as originally made had been in the same terms as such report as varied, by order reduce, from such date not being earlier than the date of such order, such pension to the amount which would have been the proper amount thereof under this Act if such report as originally made had been in the same terms as such report after such variation.

(7) In this section—

the expression “report under the Act of 1924” means a report (including any report varied under sub-section (6) of section 3 of the Act of 1924) made by the board of assessors under the Act of 1924 on an application for a certificate of military service.

Delivery of certificates of military service and service certificates to Minister.

14.—(1) Where—

(a) a certificate of military service or a service certificate has been issued to any person, and

(b) the Minister is required by the immediately preceding section to revoke or amend such certificate,

the Minister shall send by registered post addressed to such person at his last known residence a notice requiring such person to send such certificate to the Minister within such time after the service of such notice as may be specified in such notice.

(2) If any person upon whom a notice under this section has been served fails to comply with such notice such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds and a further fine not exceeding one pound for every day during which such offence is continued.

Prohibition of assignment etc. of pensions.

15.—(1) Every assignment of and every charge on and every agreement to assign or charge any pension under this Act shall, except so far as the same is authorised by an Act for the time being in force, be null and void.

(2) No pension granted under this Act shall be capable of being taken in execution or otherwise alienated by process of law for the payment of any debts or liabilities of the person to whom such pension is granted under this Act.

(3) Nothing in this section shall prevent the deduction from any pension payable under this Act of any moneys which may be due or owing to any Minister, head of a Department of state, or any public department of the Government of Saorstát Eireann by the person to whom such pension is payable.

Amendment of section 4 of the Act of 1924.

16.—Where a certificate of military service is granted to any person after the date of the passing of this Act and a pension under the Act of 1924 is granted to such person, such pension shall, notwithstanding anything contained in sub-section (1) of section 4 of the Act of 1924, commence as from the 1st day of October, 1934, or the day of his discharge from the Defence Forces of Saorstát Eireann, whichever of those dates shall be the later.

Amendment of section 5 of the Act of 1924.

17.— Section 5 of the Act of 1924 shall be construed and have effect as if there were substituted in sub-section (3) thereof the words “any Minister, head of a Department of State, or any public department of the Government of Saorstát Eireann” for the words “the Minister” now contained therein.

Forfeiture of pensions.

18.—(1) If any person to whom a pension has been granted under this Act is, during the continuance of such pension, convicted of any crime or offence by a court of competent jurisdiction in Saorstát Eireann and is sentenced by that Court for that crime or offence to imprisonment with or without hard labour for any term exceeding three months, or to penal servitude for any term, the pension so granted to such person shall be forfeited as from the date of such conviction.

(2) If any such conviction and sentence as aforesaid is quashed or annulled, the forfeiture of a pension under this Act consequent on such conviction and sentence shall be deemed to have been quashed and annulled also, and such pension shall be thereupon revived and payable together with all arrears thereof accruing since the date of such conviction.

Offences.

19.—(1) If any person with a view to obtaining either for himself or any other person a grant or payment of a pension under this Act makes, signs, or uses any declaration, application or other written statement knowing the same to be false, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or to imprisonment for a period not exceeding six months or at the discretion of the court to both such fine and imprisonment.

(2) If any person so convicted as aforesaid is in receipt of a pension obtained by reason of such false declaration, application, or other written statement he shall forfeit such pension as from the date of such conviction.

(3) For the purpose of proceedings in respect of any offence under this section, the offence shall be deemed to have been committed either at the place where it was actually committed or at the place where the offender may happen to be.

Suspension of pensions and prohibition of double pensions.

20.—(1) If any person to whom a pension is payable under this Act shall at any time during the continuance of such pension be in receipt of any remuneration, pension, or allowance payable out of public moneys, whether provided by the Oireachtas or out of the Central Fund or by means of the poor rate or any other rate imposed by a local authority, the pension payable to such person under this Act shall be suspended to an extent calculated according to the provisions contained in the Third Schedule to this Act while he is in receipt of such remuneration, pension, or allowance as aforesaid.

(2) A person shall not be entitled to reckon the same period of time both for the purpose of a pension under this Act and also for the purpose of a superannuation allowance under the Superannuation Acts, 1834 to 1923, or of a pension or allowance under section 5 of the Superannuation and Pensions Act, 1923 (No. 34 of 1923), as amended by any subsequent enactment, but any such person may, if he so desires, surrender his pension under this Act, and reckon for such superannuation allowance, pension or allowance and in the manner specified in the Second Schedule to this Act any period of time which but for this section he could have reckoned for both the purposes aforesaid.

(3) The expression “period of time” in the immediately preceding sub-section 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 , as amended by any subsequent enactment, include any period whether actual or notional which such person is or shall be entitled to reckon in calculating the amount of such pension or allowance.

Regulations.

21.—The Minister may by order make regulations in relation to any matter or thing referred to in this Act as prescribed.

Expenses.

22.—All expenses, for which provision is not otherwise made in this Act, incurred in carrying this Act into execution shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Short title and citation.

23.—This Act may be cited as the Military Service Pensions Act, 1934, and the Military Service Pensions Acts, 1924 to 1930, and this Act may be cited together as the Military Service Pensions Acts, 1924 to 1934.

FIRST SCHEDULE.

Rules for Determining Notional Grades of Rank in the Forces Held by Persons Serving in the Forces.

1.—(1) Any person who at any date was either Chief of Staff, Deputy Chief of Staff, Adjutant-General, a Divisional Officer Commanding, or Quartermaster-General shall be deemed to have held at that date Rank A.

(2) Any person who at any date was either—

(a) a General Headquarters Officer acting as Director of any one of the following services, namely, Organisation, Intelligence, Engineering and Munitions, or

(b) a Brigade Officer Commanding whose brigade was at that date not less than one thousand in strength,

shall be deemed to have held at that date Rank B.

(3) Any person who at any date was either—

(a) a Brigade Officer Commanding whose brigade at that date was less than one thousand in strength, or

(b) a Divisional Vice Officer Commanding, or

(c) a Divisional Adjutant, or

(d) a Divisional Quartermaster, or

(e) a Battalion Commandant whose battalion was at that date not less than three hundred in strength, or

(f) a Brigade Vice Officer Commanding whose brigade was at that date not less than one thousand in strength, or

(g) a Brigade Adjutant whose brigade was at that date not less than one thousand in strength, or

(h) a Brigade Quartermaster whose brigade was at that date not less than one thousand in strength, or

(i) a Column Commander whose column was at that date not less than thirty in strength, or

(j) a General Headquarters Officer who at that date was acting as Director of Medical Services, or

(k) a General Headquarters Officer who at that date was acting as Director of any Service, other than that of Medical Services, or one of the Services mentioned in sub-paragraph (a) of the immediately preceding paragraph,

shall be deemed to have held at that date Rank C.

(4) A person who at any date—

(a) was a Battalion Commandant whose battalion at that date was less than three hundred in strength, or

(b) was a Company Captain whose company at that date was not less than sixty in strength, or

(c) was, at that date, a Captain on the General Headquarters Staff or on a Divisional Staff, or

(d) was, in the case of a company which at that date was not less than one hundred and twenty in strength, where the company had at that date one Lieutenant only, such Lieutenant or, where the company had at that date two Lieutenants only, one or other of such Lieutenants or, where the company had at that date three or more Lieutenants, one or other of the two Lieutenants who were at that date respectively second and third in command, or

(e) was, in the case of a company which at that date was less than one hundred and twenty in strength but not less than one hundred in strength, where such company had at that date one Lieutenant only, such Lieutenant or, where such company had at that date two or more Lieutenants, the Lieutenant who was at that date second in command, or

(f) was a Brigade Officer, other than a Brigade Officer who is deemed by virtue of paragraph (2) or (3) of this Rule to have held at that date either Rank B or Rank C, or

(g) was a Battalion Vice Officer Commanding whose battalion at that date was not less than one hundred in strength, or

(h) was a Battalion Adjutant whose battalion was at that date not less than one hundred in strength, or

(i) was a Battalion Quartermaster whose battalion was at that date not less than one hundred in strength, or

(j) was a General Headquarters Officer other than a General Headquarters Officer who was at that date acting as a Director of any Service, or

(k) was a Divisional Officer other than a Divisional Officer Commanding, a Divisional Vice Officer Commanding, a Divisional Adjutant or a Divisional Quartermaster, or

(l) was a Column Commander whose column at that date was less than thirty in strength, or

(m) was a Medical Officer other than a General Headquarters Officer who at that date was acting as Director of Medical Services,

shall be deemed to have held at that date Rank D.

(5) Any person who complies with the following conditions, namely—

(a) was at any date an officer, and

(b) is not deemed by virtue of any of the preceding paragraphs of this Rule to have held at that date any grade of rank,

shall be deemed for the purposes of this Act to have held at that date Rank E.

(6) Any person who at any date held the rank of non-commissioned officer or private shall be deemed to have held at that date Rank E.

(7) None of the foregoing provisions of this Rule shall apply to any person who at any date was a member of Fianna Eireann or of Cumann na mBan and was not at any date a member of Oglaigh na hEireann (Irish Republican Army) or of the Irish Volunteers, and in lieu thereof the following provisions shall have effect in relation to any such person, that is to say:—

(a) any person who at any date—

(i) was a member of the headquarters staff or executive of Fianna Eireann or Cumann na mBan, or

(ii) was an officer of Fianna Eireann or Cumann na mBan commanding one hundred members or more of either of those bodies, or

(iii) was an officer of Fianna Eireann or Cumann na mBan senior to an officer of either of those bodies commanding one hundred members or more of either of those bodies,

shall be deemed to have held at that date Rank D, and

(b) any person who at any date was a member of Fianna Eireann or Cumann na mBan and who is not deemed by virtue of the foregoing sub-paragraph (a) of this paragraph to have held Rank D shall be deemed to have held at that date Rank E.

2. Where an officer whose grade of rank at any date is, under Rule 1 of this Schedule, to be determined both by his actual rank in the Forces and the strength of the unit to which he belonged at that date, and such officer is at that date absent from duty by reason of imprisonment on account of his activities as a member of the Forces, the following provisions shall, for the purposes of the said Rule 1, have effect in relation to such officer, that is to say:—

(a) such officer shall be deemed to have held at that date the actual rank in the Forces which he held at the date of his arrest, and

(b) such unit shall be deemed to be at that date at the same strength as it was at the time of his arrest.

3. Where the case of any person does not fall within the provisions of Rule 1 of this Schedule, the Referee may determine the particular grade of rank which such person is to be deemed to have held on any date, and in so determining the Referee shall have regard to the following matters, that is to say:—

(a) the appointment held by such person,

(b) the services performed by such person,

(c) the principles of grading set forth in the said Rule 1.

4. Where any person, whose case at a particular date falls within the provisions of Rule 1 of this Schedule, was at that date engaged in service of a special character, the Referee may in making his report under this Act in relation to the grade of rank held by such person on such date, report that the grade of rank held by him on such date is a grade of rank higher than the grade which but for this Rule would be the grade of rank held by him on that date.

SECOND SCHEDULE.

Rules for Calculating Amount of Pensions under this Act.

1.—(1) For the purposes of this Rule—

(a) each of the periods set out in the second column of the Appendix to this Rule shall be a service period, and

(b) the appropriate pensionable service for any service period shall be the length of time set out in the third column of the said Appendix opposite the mention of such service period.

(2) For the purposes of Rule 3 of this Schedule the pensionable service of a person shall be calculated in accordance with the following provisions, that is to say:—

(a) subject to sub-paragraph (c) of this paragraph, there shall be credited to such person, in respect of every service period during the whole of which such person served in the Forces, the appropriate pensionable service for such service period,

(b) subject to sub-paragraph (c) of this paragraph, there shall be credited to such person, in respect of every service period during part only of which such person served in the Forces, such length of pensionable service as bears to the appropriate pensionable service for such service period the same proportion as the length of his service in the Forces during such service period bears to the length of such service period.

(c) Where a person did not serve in the Forces during any part of the service period mentioned at reference No. 1 in the Appendix to this Rule, but did serve during the whole or any part of the service period mentioned at reference No. 2 in the said Appendix, such person shall, for the purposes of the two immediately preceding sub-paragraphs, be deemed not to have served in the Forces at any time during the last mentioned service period,

(d) the pensionable service of such person shall be the sum of the several lengths of pensionable service with which such person is to be credited in accordance with the preceding sub-paragraphs of this paragraph.

APPENDIX.

2. For the purposes of these rules the rate per annum appropriate to any grade of rank specified in the first column of the Appendix to this Rule shall be the rate per annum set out in the second column of the said Appendix opposite the mention of such grade of rank.

APPENDIX.

3. The amount of a pension payable to a person in respect of whom a service certificate has been issued shall be as follows:—

(a) in case such person was a member of the Irish Volunteer Executive at any time prior to the 11th day of July, 1921, an amount calculated at the rate of twenty-five pounds per annum in respect of every year or part of a year of his pensionable service;

(b) in case the preceding paragraph is not applicable to such person and such person served in the Forces on both the first critical date and the second critical date and such person held, by virtue of sub-paragraph (j) of paragraph (3) of Rule 1 of the First Schedule to this Act, on one of those dates Rank C and did not hold on the other of such dates a grade of rank higher than Rank B, an amount calculated at the rate of twenty pounds per annum in respect of every year or part of a year of his pensionable service;

(c) in case neither of the preceding paragraphs is applicable to such person and such person did not serve in the Forces on the first critical date and such person held on the second critical date by virtue of sub-paragraph (f) of paragraph (3) of Rule 1 of the First Schedule to this Act, Rank C, an amount calculated at the rate of twenty pounds per annum in respect of every year or part of a year of his pensionable service;

(d) in case none of the preceding paragraphs are applicable to such person and such person served in the Forces on both the first critical date and the second critical date and held by virtue of sub-paragraph (m) of paragraph (4) of Rule 1 of the First Schedule to this Act, on one of those dates Rank D, but did not hold on the other of such dates a grade of rank higher than Rank C, an amount calculated at the rate of fifteen pounds per annum in respect of every year or part of a year of his pensionable service;

(e) in case none of the preceding paragraphs are applicable to such person and such person did not serve in the Forces on the first critical date and such person held on the second critical date, by virtue of sub-paragraph (m) of paragraph (4) of Rule 1 of the First Schedule to this Act, Rank D, an amount calculated at the rate of fifteen pounds per annum in respect of every year or part of a year of his pensionable service;

(f) in case none of the preceding paragraphs are applicable to such person and such person served in the Forces on both the first critical date and the second critical date and held the same grade of rank on both dates, an amount calculated at the rate per annum which is the rate per annum appropriate to such grade of rank, in respect of each year or part of a year of his pensionable service;

(g) in case none of the preceding paragraphs are applicable to such person and such person served in the Forces on both the first critical date and the second critical date and held different grades of rank on the said dates, an amount calculated at the rate per annum, which is the rate per annum appropriate to the higher of such grades of rank, in respect of each year or part of a year of his pensionable service;

(h) in case none of the preceding paragraphs are applicable to such person and such person did not serve in the Forces on the first critical date, an amount calculated at the rate per annum which is the rate per annum appropriate to the grade of rank held by him on the second critical date in respect of each year or part of a year of his pensionable service.

THIRD SCHEDULE.

Calculation of Suspension of Pensions.

1. The extent to which payment of a pension under this Act shall be suspended under section 20 (which relates to suspension of pensions and prohibition of double pensions) of this Act shall be as follows, that is to say:—

Where the annual amount of the remuneration, pension, or allowance payable out of public moneys is—

2. Where the total of the amounts payable to any person out of public moneys as aforesaid and the amount payable to such person under this Act within the limits specified at B, C, D, E, F, G, H, I, J or K of paragraph 1 of this Schedule would under the terms of the said paragraph be less than the amount which such person would receive if the amount payable to him out of public moneys as aforesaid was at the maximum of the limit immediately preceding; then and in every such case the extent of the suspension of his military service pension shall be reduced so that the total of the amount aforesaid and of his pension shall not be less than that which he would receive if the amount aforesaid was at the maximum of the limit immediately preceding.