Div 2Provisions applicable to members of the force appointed on or after 25th November 1902

Division 2—Provisions applicable to members of the force appointed on or after 25th November 1902

Introductory

s. 39, 4592
s. 5(1).

39 Definitions

(1) In this Division unless inconsistent with the context or subject-matter—

S. 39(1) def. of adult child inserted by No. 40/2010 s. 27.

adult child has the same meaning as in section 45A(1);

S. 39(1) def. of dependant inserted by No. 40/2010 s. 27.

dependant, in relation to a deceased person, means—

(a) his or her partner; or

(b) a child of the person; or

(c) any other person who in the opinion of the Board was at the date of the death of the person wholly or partially dependent on the person or who at that date had a legal right to look to him or her for financial support;

medical certificate means a certificate in the form or to the effect of Form A or Form B of the Third Schedule to this Act, signed by not less than two of the members of the Medical Board;

pay means only salary or wages and does not include any allowances or any money equivalent for any allowances which (in addition to his salary or wages) a member of the force is entitled to receive as such;

S. 39(1) def. of Police Pensions Fund repealed by No. 120/1994
s. 6(1)(e).

S. 39(1) def. of Police Super-annuation Board repealed by No. 120/1994
s. 6(1)(e).

(2) For the purposes of this Division—

s. 39

(a) the expression total disablement means total loss of earning capacity in any employment, and in the case of partial disablement the degree of disablement shall be based upon the degree to which earning capacity is affected;

(b) any injury suffered by a member of the force—

(i) whilst on duty or whilst on a journey necessary to enable him to report for duty or to return home after duty; or

(ii) whilst not on duty in the performance of some act which is within the scope of his ordinary duties; or

(iii) in consequence of some act performed in the execution of his duty;

shall be deemed to have been suffered in the execution of his duty; and

(c) any injury intentionally inflicted or incurred in the performance of a duty involving special risks shall be deemed to be a non-accidental injury.