C21

Application of section restricted by Defence Forces (Pensions) Scheme 1937 (S. R. & O. No. 249 of 1937), art. 23A(2), as substituted (1.01.1955) by Defence Forces (Pensions) (Amendment) Scheme 1956 (S. I. No. 35 of 1956), art. 11, in effect as per art. 11(4), art. 1 and by motions of confirmation by Dáil Éireann, Vol. 155, 14 March 1956 and Seanad Éireann, Vol. 45, 15 March 1956.

[23A. (1)...

(2) Where an officer is placed on half-pay by the Minister pursuant to section 46 of the Defence Act, 1954 (No. 18 of 1954), and such officer—

(a) retires or is retired or dies while on such half-pay, or

(b) having been immediately before retirement on such half-pay, dies after retirement,

then, for the purposes of this Scheme and of Article 20 of the Amending Scheme of 1949, such officer shall—

(I) be deemed to have been in receipt, during the period he was on such half-pay, of the additional pay (if any) which he ceased to be entitled to receive solely by reason of being placed on such half-pay, and

(II) be deemed, save where provision is made for the applying of a notional rank to such officer, to have been in receipt, on the day of his retirement or death (whichever is relevant) of the rate of pay for which he would have been eligible on such day had he not been so placed on half-pay.

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