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CONSTABULARY AND POLICE (IRELAND) ACT 1883 - SECT 9

Punishment for obtaining pension, &c. by fraud.

9. Where a person obtains any pension, gratuity, or allowance under this Act
[by any false representation or false evidence, or by personation, or by
malingering or feigning disease or infirmity, or] by maiming or injuring
himself, or causing himself to be maimed or injured, or otherwise producing
disease or infirmity, [or by any other fraudulent conduct,] such person shall
be liable to a fine not exceeding twenty pounds, or to imprisonment,... for a
period not exceeding three months, and also to forfeit the pension, gratuity,
or allowance obtained.

Offences against this section may be prosecuted, and penalties recovered, in a
summary manner.

Ss.10, 11 by SLR 1976. S.12 rep. by SRO (NI) 1970/111

Schedule I rep. by 1914 c.54 s.7 sch.4Para.(1) rep. by SLR 1976

(2) The pension to a constable on retirement who is partially incapacitated by
infirmity of mind or body occasioned in the execution of his duty without his
own default shall, in the case of accidental injury, be according to the
following scale, that is to say,

(a)if he has completed not more than five years service, an annual sum not
more than ten fiftieths of his annual pay; and

(b)if he has completed more than five and not more than ten years service, an
annual sum not more than twelve fiftieths of his annual pay; and

(c)if he has completed more than ten years and not more than fifteen years
service an annual sum not more than fifteen fiftieths of his annual pay;....

Sub-para.(d) rep. by SLR 1976

Proviso rep. by SLR 1976

(3) The pension to a constable on retirement who is wholly incapacitated by
infirmity of mind or body occasioned in the execution of his duty without his
own default shall, in the case of accidental injury, be according to the
following scale, that is to say,

(a)if he has completed not more than ten years service, an annual sum not more
than fifteen fiftieths of his annual pay; and

(b)if he has completed more than ten and not more than fifteen years service,
an annual sum not more than twenty fiftieths of his annual pay;....

Sub-para.(c) rep. by SLR 1976

Proviso rep. by SLR 1976

(4) The pension to a constable on retirement who is partially incapacitated by
infirmity of mind or body occasioned in the execution of his duty without his
own default in a case other than a case of accidental injury, shall be
according to the following scale; that is to say,

(a)if he has completed not more than ten years service, an annual sum not more
than twenty fiftieths of his annual pay; and

(b)if he has completed more than ten but not more than fifteen years service,
an annual sum not more than one half of his annual pay;....

Sub-para.(c) rep. by SLR 1976

Proviso rep. by SLR 1976

(5) The pension to a constable on retirement who is wholly incapacitated by
infirmity of mind or body occasioned in the execution of his duty without his
own default, in a case other than a case of accidental injury, shall be an
annual sum not more than his annual pay.....

Para.(6) rep. by SLR 1976

(7) Where, on account of the infirmity of mind or body of a constable having
been brought about or been contributed to by his own default or by his vicious
habits, the pension granted to such constable is of less amount than that to
which he would otherwise be entitled, the diminution of such pension shall not
exceed five fiftieths of the annual pay of such constable.

(8) A pension granted to a constable who has completed less than the fifteen
years service shall not, if reduced on account of partial recovery from his
incapacity, be less than one fiftieth of his annual pay for every completed
year of service of such constable.

(9) Where a constable has died from some cause which, if it had only
incapacitated him for the performance of his duty, would have entitled him to
a pension for life, the pension to his widow... shall be according to the
following scale:

(a)the pension to the widow shall be an annual sum equal to one tenth of the
constable's pay or the sum of [twenty-six pounds], whichever is the
larger;....

Sub-para.(b) rep. by SLR 1976

Paras.(10)(11) rep. by SLR 1976

(12) The pension to a widow shall continue only while she... continues to be
of good character.

Para.(13) rep. by SLR 1976

(14) For the purpose of estimating any pension,... under this schedule

(a)a pension... to a constable shall be calculated according to the amount of
his annual pay at the date of his retirement, or of the injury or cause
occasioning the incapacity which compels his retirement, whichever is the
larger;

(b)a pension... to the widow... of a constable shall be calculated according
to the amount of the constable's annual pay at the date of his death or of the
injury or cause occasioning his death, or where he had a pension of his
retirement;

(c)but where a constable who becomes a member of the force after the passing
of this Act has, in the course of the three years next before the date of his
retirement, or death, or such injury, or cause, been in receipt of a different
annual pay from that which he is receiving at that date, his annual pay at the
date of the retirement, death, injury, or cause shall be deemed to be the
average annual amount of pay received by him for the said three years, instead
of the annual amount actually received by him at that date.

Sub-para.(d) rep. by SLR 1976

The annual pay with reference to which pensions... under this Act shall be
calculated is the pay set out in the First and Third Schedules to this Act. In
converting weekly pay into annual pay the year shall be taken to be fifty-two
weeks.



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