58Pensions of members who retired before 2 January 1948

58 Pensions of members who retired before 2 January 1948

(1) In the case of a pensioner who became a member of the force on or after the twenty-fifth day of November One thousand nine hundred and two and retired from the force before the second day of January One thousand nine hundred and forty-eight, as on and from the said second day of January and so long as a pension is payable to him the rate of such pension shall be calculated as if—

(a) the pay on the said second day of January for the rank he held at retirement were his pay at the date of retirement; and

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(b) subparagraph (i) of the proviso to paragraph (a) of rule 19 of the Fourth Schedule to this Act were not applicable to the calculation of such pension—

and the necessary adjustments shall be made in respect of payments of pension made to any such pensioner on or after the said second day of January.

(2) Subject to the next succeeding subsection, in the case of a pensioner who became a member of the force before the twenty-fifth day of November One thousand nine hundred and two and retired from the force before the second day of January One thousand nine hundred and forty-eight, as on and from the said second day of January and so long as a pension is payable to him the rate of such pension shall be calculated as if—

(a) he were a person to whom the provisions of Division two of Part III of this Act apply and who on the said second day of January retired from the force with the same rank and service as such pensioner; and

(b) subparagraph (i) of the proviso to paragraph (a) of rule 19 of the Fourth Schedule to this Act were not applicable to the calculation of such pension—

and the necessary adjustments shall be made in respect of payments of pension made to any such pensioner on or after the said second day of January.

S. 58(3) repealed by No. 42/1990
s. 13(c).

(4) For the purposes of this section any pensioner who—

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(a) served as a member of the force for not less than ten years;

(b) was not reduced in rank while a member of the force; and

(c) held the rank of constable at the time of his retirement—

shall be deemed to have held the rank of first constable at the time of his retirement.

(5) Notwithstanding anything in the foregoing provisions of this section—

(a) except insofar as paragraph (b) of this subsection applies, the rate of pension payable to any pensioner shall not at any time by virtue of this section be more than twenty-five per centum greater than the rate of pension payable to him immediately before the second day of January One thousand nine hundred and forty-eight;