5 1944

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Number 5 of 1944.


MILITARY SERVICE PENSIONS (AMENDMENT) ACT, 1944.


ARRANGEMENT OF SECTIONS

Section

1.

Definitions.

2.

Retrospective amendment of section 8 of the Act of 1924.

3.

Retrospective amendment of section 20 of the Act of 1934.

4.

Short title and collective citation.


Acts Referred to

Military Service Pensions Act, 1924

No. 48 of 1924

Military Service Pensions Act, 1934

No. 43 of 1934

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Number 5 of 1944.


MILITARY SERVICE PENSIONS (AMENDMENT) ACT, 1944.


AN ACT TO AMEND, WITH RETROSPECTIVE EFFECT, SECTION 8 OF THE MILITARY SERVICE PENSIONS ACT, 1924 , AND SECTION 20 OF THE MILITARY SERVICE PENSIONS ACT, 1934 . [15th March, 1944.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Definitions.

1. —In this Act—

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

the expression “the Act of 1934” means the Military Service Pensions Act, 1934 (No. 43 of 1934).

Retrospective amendment of section 8 of the Act of 1924.

2. —(1) Where a pension has been granted (whether before or after the passing of this Act) under the Act of 1924, the following provisions shall, for the purposes of sub-section (1) of section 8 of the Act of 1924, have effect, that is to say:—

(a) the pension shall be deemed to have been continuously in existence during the period beginning on its commencement and ending on the date on which it was granted, and

(b) the person to whom it was granted shall be deemed to have been continuously in receipt of it during the said period.

(2) Sub-section (1) of this section shall, in its application to a particular pension granted under the Act of 1924, be deemed to have come into operation on, and shall have effect as on and from, the date of the commencement of the pension.

(3) In this section, the word “commencement”, in relation to a pension granted under the Act of 1924, means the date on which, by virtue of sub-section (1) of section 4 of the Act of 1924 or that sub-section as amended by section 16 of the Act of 1934, the pension commenced.

Retrospective amendment of section 20 of the Act of 1934.

3. —(1) Where a pension has been granted (whether before or after the passing of this Act) under the Act of 1934, the following provisions shall, for the purposes of sub-section (1) of section 20 of the Act of 1934, have effect, that is to say:—

(a) the pension shall be deemed to have been continuously in existence during the period beginning on the 1st day of October, 1934, and ending on the date on which it was granted, and

(b) the person to whom it was granted shall be deemed to have been continuously in receipt of it during the said period.

(2) Sub-section (1) of this section shall be deemed to have come into operation on, and shall have effect as on and from, the 1st day of October, 1934.

Short title and collective citation.

4. —This Act may be cited as the Military Service Pensions (Amendment) Act, 1944, and the Military Service Pensions Acts, 1924 to 1934, and this Act may be cited together as the Military Service Pensions Acts, 1924 to 1944.