Army Pensions (No. 2) Act, 1960
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —(1) In this Act
“the Act of 1923” means the Army Pensions Act, 1923 ;
“the Act of 1927” means the Army Pensions Act, 1927 ;
“the Act of 1943” means the Army Pensions Act, 1943 ;
“the Acts” means the Army Pensions Acts, 1923 to 1960, but does not include this Act.
(2) This Act shall be construed as one with the Acts.
(3) References in this Act to any enactment shall be construed as references to that enactment as amended by any subsequent enactment.
num: 2
paragraphs: —The expression “United Nations Force”, where it occurs in this Act and in any amendment of the Act of 1927 effected by this Act, means a force or body established by the Security Council or the General Assembly of the United Nations for the performance of certain duties.
num: 3
paragraphs: —(1) Section 10 (which provides for the grant of disability pensions in certain cases) of the Act of 1927, as extended by subsection (1) of section 4 of the Act of 1943 to members of the Army Nursing Service, shall have effect in relation to every person who is discharged from the forces or whose service in the Army Nursing Service is terminated (whether before or after the passing of this Act) as if, in subsection (1), after “during the emergency period” (inserted by section 3 of the Act of 1943) there were inserted “or with a United Nations Force”, subject to the modifications that, in relation to disablement caused by disease attributable to service with a United Nations Force—
(a) the reference in that subsection to four years shall be construed as a reference to eight years, and
num: 4
paragraphs: —(1) Subsection (1) of section 10 of the Act of 1927 shall apply to every member of the Chaplaincy Service whose service as such member is terminated (whether before or after the passing of this Act) and who, at the date of such termination, is suffering from a disablement caused by disease attributable to service with a United Nations Force in like manner as if such member were a person who is discharged from the forces on or after the 1st day of October, 1924, and is, at the date of his discharge, suffering from a disablement caused by disease attributable to service in the forces during the period which commenced on the 1st day of April, 1922, and ended on the 30th day of September, 1924, subject to the modifications that—
(a) the reference in that subsection to four years after his discharge shall be construed as a reference to eight years after the termination of his service as such member, and
num: 5
paragraphs: —(1) Where an application is duly made on or after the passing of this Act by a person for a disability pension under section 10 of the Act of 1927, as amended and extended by this Act, and the application is referred to the Army Pensions Board under the terms of section 7 of the Act of 1927, then, if such person is at the date of his examination by the Army Pensions Board suffering from a disablement caused by a disease attributable to service with a United Nations Force, the following provisions shall have effect:
(a) if his degree of disablement is found on the date of such examination to be less than eighty per cent. but not less than fifty per cent., there may be granted to such person, if he applies to the Minister therefor, not later than twelve months after such examination, a final pension of £1 9s. 6d. per week commencing from such date (not being earlier than the date of the passing of this Act) as the Minister may determine;
(b) if his degree of disablement is found on the date of such examination to be not less than eighty per cent. but is found on any periodical re-examination under section 6 of the Act of 1923 to be less than eighty per cent, but not less than fifty per cent., there may be granted to such person, if he applies to the Minister therefor, not later than twelve months after such re-examination, a final pension of £1 19s. 3d. per week commencing on such date (not being earlier than the date of the cesser of his former disability pension under the said section 10) as the Minister may determine;
(c) where such person is granted a pension under this subsection, no disability pension under section 10 of the Act of 1927, as amended by this Act, shall be granted or payable to him.
(2) Sections 9 to 14 of the Act of 1923 shall apply in respect of pensions granted under this section and to persons to whom such pensions are payable as if such pensions were the pensions mentioned in those sections respectively.
(3) In this section “degree of disablement” has the same meaning as in the Act of 1927.
num: 6
paragraphs: —(1) Subsection (2) of section 14 (which provides for the grant of allowances and gratuities to dependants in certain cases) of the Act of 1927 shall have effect in relation to every officer and soldier who served with a United Nations Force and who dies (whether before or after the passing of this Act) as if, in paragraphs (a) and (b) after “during the emergency period” (inserted by section 5 of the Act of 1943) in each case where those words occur, there were inserted “or with a United Nations Force”, subject to the modifications that—
num: 7
paragraphs: —(1) Where—
(a) whether before or after the passing of this Act, a person has been discharged from the forces or the service of a member of the Army Nursing Service or of a member of the Chaplaincy Service has terminated, and
(b) such person or member is not entitled to a pension under the Acts or by virtue of this Act, and
(c) such person or member is, at the date of his examination by the Army Pensions Board, suffering from a disablement (not being less in degree than eighty per cent.) due to disease aggravated, accelerated or excited by—
(i) a wound attributable to service with a United Nations Force, or
(ii) a disease attributable to service with a United Nations Force, or
(iii) service with a United Nations Force,
there may be granted to such person or member a pension at the rate mentioned in the second column of the Table to this section opposite to the appropriate degree of disablement in the first column of that Table.
(2) Every application for a pension under this section shall be referred by the Minister to the Army Pensions Board.
(3) The following provisions shall have effect in relation to applications for pensions under this section:
(a) every application shall be made to the Minister within eight years from the date of discharge or termination of membership, as the case may be,
(b) every application shall be in such form and contain such particulars as the Minister may direct.
(4) A pension granted to a person under this section shall commence on such day (not being earlier than the date of discharge or termination of membership, as the case may be, or the date of the passing of this Act, whichever is the later) as the Minister may determine.
(5) Section 6 and sections 9 to 14 of the Act of 1923, sections 21 and 23 of the Act of 1927 and subsection (2) of section 27 and section 31 of the Army Pensions Act, 1937 , shall apply in respect of pensions under this section, persons who are or who claim to be entitled to such pensions, persons to whom such pensions are granted and persons applying for such pensions as if such pensions were the pensions mentioned in those sections respectively.
TABLE
Rates of Pensions.
Degree of Disablement
Pension
per cent.
per annum
£
s.
d.
100
191
10
0
90
172
0
0
80
153
10
0
num: 8
paragraphs: —(1) This Act may be cited as the Army Pensions (No. 2) Act, 1960.
(2) The collective citation, the Army Pensions Acts, 1923 to 1960, shall include this Act.