S.I. No. 355/1934 - Military Service Pensions Act, 1934, Regulations, 1934. (1934_si_355) | IE

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Reg. 1 S.I. No. 355/1934 - Military Service Pensions Act, 1934, Regulations, 1934. Open official source

1. Is the Applicant a person to whom the Act applies?

1.

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Reg. 2 S.I. No. 355/1934 - Military Service Pensions Act, 1934, Regulations, 1934. Open official source

2. If so, total actual service in the different service periods, as established.

2.

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Reg. 3 S.I. No. 355/1934 - Military Service Pensions Act, 1934, Regulations, 1934. Open official source

3. Total service for pension purposes as defined by Second Schedule of the Act.

3.

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Reg. 4 S.I. No. 355/1934 - Military Service Pensions Act, 1934, Regulations, 1934. Open official source

4. Grade or rank quoting relevant paragraph of First Schedule under which allowed

4.

(a) On first critical date

(b) On second critical date

(c) Was applicant a member of the Irish Volunteer Executive at any time prior to the 11th July, 1921.

(d) Does applicant's case fall under either of the following sub-paragraphs, and, if so, which, viz., sub-paragraph (j) of paragraph 3 of Rule I of First Schedule, or under sub-paragraph (m) of paragraph 4 of First Schedule, as a Medical Officer.

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Reg. 5 S.I. No. 355/1934 - Military Service Pensions Act, 1934, Regulations, 1934. Open official source

5. Does the applicant state in his application whether he is at present 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.

5.

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Reg. 6 S.I. No. 355/1934 - Military Service Pensions Act, 1934, Regulations, 1934. Open official source

6. Does the applicant state in his application whether he applied for or is in receipt of unemployment assistance under the

Unemployment Assistance Act, 1933

. If so, quote the number of his qualification certificate if given by him.

6.

7.—THE WEEK COMMENCING ON THE 23RD DAY OF APRIL, 1916.

(1) Duration of active service during the period as established to your satisfaction.

(1)

(2) Equivalent of active service for pension purposes as defined in the Second Schedule of the Act.

(2)

(3) State—

(3)

(a) The particular military body of the Forces.

(a)

(b) Unit or Units and the position held by applicant.

(b)

8.—THE PERIOD COMPRISING:—

(A) THE PERIOD COMMENCING ON THE 1ST DAY OF APRIL, 1916, AND ENDING ON THE 22ND DAY OF APRIL, 1916, AND

(B) THE PERIOD COMMENCING ON THE 30TH DAY OF APRIL, 1916, AND ENDING ON THE 31ST DAY OF MARCH, 1917.

(1) Duration of active service during the period as established to your satisfaction.

(1)

(2) Equivalent of active service for pension purposes as defined in the Second Schedule of the Act.

(2)

(3) State—

(3)

(a) The particular military body of the Forces.

(a)

(b) Unit or Units and the position held by applicant.

(b)

9.—THE PERIOD COMMENCING ON THE 1ST DAY OF APRIL, 1917, AND ENDING ON THE 31ST DAY OF MARCH, 1918.

(1) Duration of active service during the period as established to your satisfaction.

(1)

(2) Equivalent of active service for pension purposes as defined in the Second Schedule of the Act.

(2)

(3) State—

(3)

(a) The particular military body of the Forces.

(a)

(b) Unit or Units and the position held by applicant.

(b)

10.—THE PERIOD COMMENCING ON THE 1ST DAY OF APRIL, 1918, AND ENDING ON THE 31ST DAY OF MARCH, 1919.

(1) Duration of active service during the period as established to your satisfaction.

(1)

(2) Equivalent of active service for pension purposes as defined in the Second Schedule of the Act.

(2)

(3) State—

(3)

(a) The particular military body of the Forces.

(a)

(b) Unit or Units and the position held by applicant.

(b)

11.—THE PERIOD COMMENCING ON THE 1ST DAY OF APRIL, 1919, AND ENDING ON THE 31ST DAY OF MARCH, 1920.

(1) Duration of active service during the period as established to your satisfaction.

(1)

(2) Equivalent of active service for pension purposes as defined in the Second Schedule of the Act.

(2)

(3) State—

(3)

(a) The particular military body of the Forces.

(a)

(b) Unit or Units and the position held by applicant.

(b)

12.—THE PERIOD COMMENCING ON THE 1ST DAY OF APRIL, 1920, AND ENDING ON THE 31ST DAY OF MARCH, 1921.

(1) Duration of active service during the period as established to your satisfaction.

(1)

(2) Equivalent of active service for pension purposes as defined in the Second Schedule of the Act.

(2)

(3) State—

(3)

(a) The particular military body of the Forces.

(a)

(b) Unit or Units and the position held by applicant.

(b)

13.—THE PERIOD COMMENCING ON THE 1ST DAY OF APRIL, 1921, AND ENDING ON THE 11TH DAY OF JULY, 1921.

(1) Duration of active service during the period as established to your satisfaction.

(1)

(2) Equivalent of active service for pension purposes as defined in the Second Schedule of the Act.

(2)

(3) State—

(3)

(a) The particular military body of the Forces.

(a)

(b) Unit or Units and the position held by applicant.

(b)

14.—THE PERIOD COMMENCING ON THE 12TH DAY OF JULY, 1921, AND ENDING ON THE 30TH DAY OF JUNE, 1922.

(1) Duration of active service during the period as established to your satisfaction.

(1)

(2) Equivalent of active service for pension purposes as defined in the Second Schedule of the Act.

(2)

(3) State—

(3)

(a) The particular military body of the Forces.

(a)

(b) Unit or Units and the position held by applicant.

(b)

15.—THE PERIOD COMMENCING ON THE 1ST DAY OF JULY, 1922, AND ENDING ON THE 31ST DAY OF MARCH, 1923.

(1) Duration of active service during the period as established to your satisfaction.

(1)

(2) Equivalent of active service for pension purposes as defined in the Second Schedule of the Act.

(2)

(3) State—

(3)

(a) The particular military body of the Forces.

(a)

(b) Unit or Units and the position held by applicant

(b)

16.—THE PERIOD COMMENCING ON THE 1ST DAY OF APRIL, 1923, AND ENDING ON THE 30TH DAY OF SEPTEMBER, 1923.

(1) Duration of active service during the period as established to your satisfaction.

(1)

(2) Equivalent of active service for pension purposes as defined in the Second Schedule of the Act.

(2)

(3) State—

(3)

(a) The particular military body of the Forces.

(a)

(b) Unit or Units and the position held by applicant.

(b)

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Reg. 7 S.I. No. 355/1934 - Military Service Pensions Act, 1934, Regulations, 1934. Open official source

7. Are you now or were you at any time during the period for which you claim service in receipt of any remuneration, or allowance payable out of public monies, 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, state details.

............................................................ ............................................................ ............................................................ ..........

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Reg. 8 S.I. No. 355/1934 - Military Service Pensions Act, 1934, Regulations, 1934. Open official source

8. Are you in receipt of any pension in respect of service—

(a) As a member of the Civil Service.

(b) ,, ,, Garda Siochana.

(c) ,, ,, ,, any other Police Force.

(d) ,, ,, ,, the Prisons Service.

(e) As a National School Teacher.

(f) As a Secondary School Teacher.

(g) As an Officer of any local Authority.

(h) In any other employment.

If so, give details

............................................................ ............................................................ ............................................................ ...........

NOTE:—You will subsequently have to furnish any further particulars and to submit any evidence which the Minister for Defence, or the Referee appointed under the Military Service Pensions Act, or any person or persons duly authorised by them may require in connection with this application for a Service certificate. In this connection attention is directed to the fact that Section 8 (4) of the Act prescribes that the onus of proof shall rest on the applicant.

Careful consideration will be given to any documentary evidence which you may wish to submit herewith. You may also at your discretion write hereunder a statement of any additional information which you consider may be of assistance in determining your application.

............................................................ ............................................................ ............................................................ ...........

Signature (or Mark) of Applicant............................................................ ..................................................

*Witness to signature or where applicant is unable to write) to mark of applicant.

............................................................ .....................................................

Address of Witness

............................................................ ............................................................ ............................

Qualification

............................................................ ............................................................ ..........................................

Date

............................................................ ..............

Witness must be one of the following:—

A Commissioned Officer serving in the Defence Forces.

A permanent Civil Servant (active or retired) whose salary is or was not less than £200 and on a scale rising to not less than £300.

A District Judge.

A Peace Commissioner.

A Barrister-at-Law, a Solicitor, or a Commissioner for Oaths.

A Minister of Religion (denomination to be stated).

A Registered Physician or Surgeon.

Managers, Secretaries, Chief Cashiers and Accountants of Banks, and Officials in charge of Branch Banks.

A Member of the Garda Síochána.

A Postmaster or Postmistress in actual charge of a Post Office.

Head Teachers of Secondary or National Schools.

A Secretary of a Registered Friendly Society.

A Notary Public.

A Consul-General.

A Consul.

A Vice-Consul.

APPENDIX.

FIRST SCHEDULE.

RULES FOR DETERMINING NATIONAL 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, Adjustant General, a Divisional Officer Commanding, or Quatermaster 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 ess 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 i 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 that one hundred and twenty in strength, where the company had an that date one Lieutenant only, such Lieutenant or, where th 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 dat not less than one hundred in strength, or

(

j

) was a General Headquarters Officer other than a General Head quarters 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.

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Preamble S.I. No. 355/1934 - Military Service Pensions Act, 1934, Regulations, 1934. Open official source

STATUTORY RULES AND ORDERS. 1934. No. 355.

MILITARY SERVICE PENSIONS ACT, 1934, REGULATIONS, 1934.

WHEREAS it is enacted by sub-section (2) of

Section 7

of the

Military Service Pensions Act, 1934

(No. 43 of 1934), that every application under the said section 7 shall be made within the prescribed time and shall be in the prescribed form and contain the prescribed particulars;

AND WHEREAS it is enacted by sub-section (3) of Section 8 of the said Act that every report made by the Referee under the said Section 8 shall be in the prescribed form;

AND WHEREAS it is enacted by Section 21 of the said Act that the Minister for Defence may by order make regulations in relation to any matter or thing referred to in the said Act as prescribed

NOW, THEREFORE, the Minister for Defence, in exercise of the powers conferred on him by the

Military Service Pensions Act, 1934

(No. 43 of 1934), and of every and any other power him in this behalf enabling, hereby orders and makes the following regulations, that is to say:—

S.I. No. 355/1934 - Military Service Pensions Act, 1934, Regulations, 1934.

Table of Provisions (9)

Statutory Text (9 Articles)

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