Ministerial and Parliamentary Offices Act 1938

Suspension of pensions and allowances.

23

23.F80[(1) Where a person to whom a pension under Part IV is for the time being payable is appointed to a qualifying office or as Attorney General, the pension under Part IV shall cease to be payable while he holds the qualifying office or the office of Attorney General.]

(2) F81[]

(3) In this section—

the expression “pension under Part IV” means a pension or allowance payable under this Part of this Act;

the expression “payment out of public moneys” means—

(a) any remuneration, pension or allowance payable out of moneys provided by the Oireachtas or out of the Central Fund or out of the funds of a local authority, or

(b) any remuneration of a position to which the holder has been nominated by the Government, or a Minister of State,

but does not include—

(c) a pension under Part IV, or

(d) an allowance under Part III of this Act, or

(e) a pension or allowance under the Army Pensions Acts, 1923 to 1937, in respect of a wound or disability suffered prior to the 1st day of October, 1924, or

(f) a pension under the Military Service Pensions Acts, 1924 to 1934, in any case in which the pensioner is also entitled to a widow's pension.

F82[or

(g) an allowance under the Oireachtas (Allowances to Members) Act, 1938 (No. 34 of 1938).]

Annotations

Amendments:

F80

Substituted (1.01.1965) by Pensions (Abatement) Act 1965 (13/1965), s. 3, commenced as per s. 9.

F81

Deleted (1.01.1965) by Pensions (Abatement) Act 1965 (13/1965), s. 3, commenced as per s. 9.

F82

Inserted (1.05.1960) by Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1960 (12/1960), s. 18(2), S.I. No. 82 of 1960.

Editorial Notes:

E108

Previous affecting provision: subs. (1) substituted (1.05.1960) by Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1960 (12/1960), s. 18(1), S.I. No. 82 of 1960; subs. (1) substituted (1.01.1965) as per F-note above.