PENSIONS (INCREASE) ACT, 1959

AN ACT TO PROVIDE FOB THE INCREASE OF CERTAIN PENSIONS PAYABLE IN RESPECT OF PUBLIC SERVICE. [22nd December, 1959.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Interpretation.

1.—(1) In this Act—

“the Act of 1950” means the Pensions (Increase) Act, 1950;

“the Act of 1956” means the Pensions (Increase) Act, 1956;

“harbour authority” means a harbour authority within the meaning of the Harbours Act, 1946;

“local authority” means any of the following bodies :

• (a) a local authority for the purposes of the Local Government Acts, 1925 to 1959,

• (b) a vocational education committee,

• (c) a committee of agriculture,

• (d) a school attendance committee,

• (e) the Dublin Fever Hospital Board,

• (f) the former Cork Fever Hospital Board ;

“mental hospital authority” means a mental hospital authority within the meaning of the Mental Treatment Act, 1945 ;

“scheduled pension” means a pension or allowance specified in the Schedule to this Act and, where the expression comprises a reference to a particular Part of that Schedule, means a pension or allowance specified in that Part ;

any other reference to a pension shall, save where the context otherwise requires, be construed as including a reference to an allowance.

• (2) Where a scheduled pension, a pension referred to in section 7 of this Act or a pension specified in the Schedule to the Act of 1956 was awarded in respect of service which ended before the 1st day of August, 1959, and comes in course of payment in whole or in part on a subsequent day, it shall be deemed for the purposes of this Act to have been in course of payment on the 1st day of August, 1959, except in the case of an award in respect of a person on his retirement from employment which is approved employment within the meaning of section 4 of the Superannuation Act, 1914.

• (3) A pension granted by a local authority which has ceased to exist shall be deemed for the purposes of this Act to have been granted by the successor of that local authority.

• (4) For the purposes of this Act, the amount of a pension which is paid partly out of moneys provided by the Oireachtas and partly out of moneys administered by another government shall not include any increase payable out of moneys administered by the other government, but, in such a case, the amount to be added in accordance with this Act shall be reduced by the amount of any such increase except where that increase has been taken into account pursuant to paragraph (b) of subsection (2) of section 2 of the Act of 1950 or paragraph (a) of subsection (2) of section 2 of the Act of 1956.

• (5) A reference in this Act to the amount of a pension shall, subject to subsection (4) of this section, be construed as a reference to the annual amount of the full pension (less any part surrendered), whether the pension is in course of payment in full, in part or not at all.

2 Amendments of the Act of 1956.

2.—(1) Subsection (4) of section 3 of the Act of 1956 is hereby amended, with effect as on and from the 1st day of August, 1959, by the deletion of all words after “in excess of£500 per annum” and the substitution therefor of “the scheduled (Part I) pension shall, in case it is less than the pension that would have been payable if that arrangement had not applied, first be increased by the deficiency, before it is increased by the amount appropriate in accordance with subsection (1) of this section.”

• (2) Subsection (4) of section 4 of the Act of 1956 is hereby amended, with effect as on and from the 1st day of August, 1959, by the deletion of all words after “in excess of£500 per annum” and the substitution therefor of “the scheduled (Part II) pension shall, in ease it is less than the pension that would have been payable if that arrangement had not applied, first be increased by the deficiency, before it is increased by the amount appropriate in accordance with subsection (2) of this section”.

3 Increase of scheduled (Part I) pensions and certain pensions specified in Part I of Schedule to Act of 1956.

3.—(1) A Scheduled (Part I) pension shall be increased by 6 per cent. of the amount of the pension.

• (2)
• (a) A pension—

• (i) which was in course of payment in whole or in part on the 1st day of August, 1959,

• (ii) which is a pension specified in Part I of the Schedule to the Act of 1956,

• (iii) which is not a scheduled (Part I) pension, and

• (iv) which has been increased by the appropriate sum, within the meaning of the Act of 1956,

shall be increased by—

• (I) 4 per cent. of the amount of the pension, or

• (II) the difference between the amount of the pension and the amount of such pension as would be payable to or in respect of a person of equivalent status and service whose service ended on the relevant day,

whichever is the less.

• (b) For the purposes of subparagraph (II) of paragraph (a) of this subsection, the amount of such pension as would be payable to or in respect of a person of equivalent status and service whose service ended on the relevant day shall, in relation to a pension specified in Part I of the Act of 1956 or part thereof calculated by reference to the average annual amount of salary or weekly pay received over a period of three years, be computed as if the rates of annual salary or weekly pay which first commenced to be paid on the relevant day had been in effect for the period of three years over which the average annual amount of salary or weekly pay would have been computed in the case of a person of equivalent status and service whose service ended on the relevant day.

• (3) In subsection (2) of this section—

the reference to a person of equivalent status and service shall, in the case of a pension payable to or in respect of a person who was a member of the Dublin Metropolitan Police and whose service therein ended before the commencement of the Police Forces Amalgamation Act, 1925, be construed as a reference to a person who was a member of the Garda Síochána of equivalent status and service;

“relevant day” means—

• (i) in relation to a pension specified in paragraph (a), (b), (c), (d), (e), (g), (h), (i), (o), (p) or (q) of Part I of the Schedule to the Act of 1956—the 1st day of November, 1952,

• (ii) in relation to a pension specified in paragraph (j) or (k) of that Part—the 1st day of April, 1953, and

• (iii) in relation to a pension specified in paragraph (n) of that Part—the 1st day of January, 1953;

any reference to salary shall be construed—

• (a) where the relevant pension specified in Part I of the Schedule to the Act of 1956 or part thereof is specified in paragraph (b) of that Part, as a reference to the scale salary, within the meaning of the National School Teachers' Superannuation Schemes, 1934 to 1958, and

• (b) where the relevant pension specified in Part I of the Schedule to the Act of 1956 or part thereof is specified in paragraph (c) of that Part, as a reference to the standard salary less any special increment, within the meaning of the Secondary Teachers' Superannuation Schemes, 1929 to 1956.

4 Increase of scheduled (Part II) pensions.

4.—(1) (a) A scheduled (Part II) pension (excepting a pension specified in paragraph (b) of this subsection) shall be increased by 6 per cent. of the amount of the pension,

• (b) The pension excepted from paragraph (a) of this subsection is any pension specified in subparagraph (ii) of paragraph (a) of Part II of the Schedule to this Act which was granted in respect of service which ended on or after the 1st day of November, 1948, and which is not—

• (i) a pension increased pursuant to subsection (3) of section 4 of the Act of 1956, or

• (ii) a pension increased by the difference referred to in subparagraph (ii) of paragraph (a) of subsection (2) of section 4 of the Act of 1956 in a case in which the amount of such pension as would be payable in respect of a member of the Garda Síochána of equivalent status and service whose service ended on the 1st day of November, 1952, fell to be calculated by reference to subsection (3) of that section.

• (2)
• (a) A scheduled (Part II) pension which is not increased under subsection (1) of this section, which is in respect of service which ended before the 1st day of November, 1952, and which, pursuant to paragraph (a) of subsection (2) of section 4 of the Act of 1956, was increased by the appropriate sum shall be increased by—

• (i) 4 per cent, of the amount of the pension, or

• (ii) the difference between the amount of the pension and the amount of such pension as would be payable in respect of a member of the Garda Síochána of equivalent status and service whose service ended on the 1st day of November, 1952,

whichever is the less.

• (b) For the purposes of subparagraph (ii) of paragraph (a) of this subsection, the amount of such pension as would be payable in respect of a member of the Garda Síochána of equivalent status and service whose service ended on the 1st day of November, 1952, shall, in relation to a scheduled (Part II) pension or part thereof calculated by reference to the average annual amount of salary or weekly pay received over a period of three years, be computed as if the rates of annual salary or weekly pay which first commenced to be paid on the 1st day of November, 1952, had been in effect for the three years ending on that day.

• (3)
• (a) Where a scheduled (Part II) pension specified in sub-paragraph (ii) of paragraph (a) of Part II of the Schedule to this Act which was granted in respect of service which ended on or after the 1st day of November, 1952, is, as respects any period beginning on or after the 1st day of August, 1959, less than it would have been if it had been calculated under Scale (i) and had then been increased in accordance with subsection (1) of this section, it shall be increased, as regards that period, by the amount of the deficiency.

• (b) In paragraph (a) of this subsection “Scale (i)” means—

• (i) in relation to a widow's ordinary pension calculated under Scale (ii) of paragraph (a) of Part II of the First Schedule to the Dublin Metropolitan Police Pensions Order, 1922, or a widow's special pension calculated under rule 7 of that paragraph—Scale (i) in that paragraph as amended by the Garda Síochána Pensions Order, 1950, (S.I. No. 154 of 1950), and the Act of 1956, and

• (ii) in relation to a widow's ordinary pension calculated under Scale (ii) in paragraph A of Part II of the First Schedule to the Garda Síochána Pensions Order, 1925 (S.R. & O., No. 63 of 1925), or a widow's special pension calculated under sub-paragraph 2 of that paragraph—Scale (i) in that Part as amended by the Garda Síochána Pensions Order, 1950, and the Act of 1956.

5 Increase of Scheduled (Part III) pensions.

5.—(1) The local authority who granted a pension specified in paragraph (a) of Part III of the Schedule to this Act may grant one increase (and no more) of the pension, and the increase shall be an increase to such extent as may be sanctioned by the Minister, or is in accordance with an approval which is applicable to the pension and which has been given by the Minister in respect of a class of such pensions.

• (2) Where a person is aggrieved by a refusal or failure during the period of twelve months after the passing of this Act to grant an increase under subsection (1) of this section, he may, in the case of a refusal, not later than six months after the refusal, or, in the case of a failure, not later than six months after the expiration of the said twelve months, appeal to the Minister against the refusal or failure.

• (3) Where a person is aggrieved by an increase granted under subsection (1) of this section, he may, not later than six months after the grant of the increase, appeal against it to the Minister.

• (4) On an appeal under this section, the Minister may either refuse the appeal or make such provisions as should, in his opinion, have been made by the local authority concerned, and any provisions so made by the Minister shall have effect as if made by that authority.

• (5) In the foregoing subsections of this section and in Part III of the Schedule to this Act “the Minister” means—

• (a) in relation to a local authority other than a mental hospital authority, the Minister for Local Government, and

• (b) in relation to a mental hospital authority, the Minister for Health.

• (6)
• (a) The pension payable under section 4 of the Vocational Education (Amendment) Act, 1947, shall, for the purposes hereinafter mentioned, be deemed to be a pension granted by the paying authority referred to in that section.

• (b) The purposes referred to in paragraph (a) of this subsection are :

• (i) the purposes of the foregoing subsections of this section and of paragraph (a) of Part III of the Schedule to this Act,

• (ii) the purposes of section 6 of the Act of 1950 and of Part IV of the Schedule to that Act, and

• (iii) the purposes of section 5 of the Act of 1956 and of paragraph (a) of Part III of the Schedule to that Act,

• (c) In construing section 6 of the Act of 1950 and section 5 of the Act of 1956 in relation to the pension payable under section 4 of the Vocational Education (Amendment) Act, 1947, any reference to twelve months after the passing of the Act of 1950 or the Act of 1956 (as the case may be) shall be construed as a reference to twelve months after the passing of this Act.

• (7) The Minister for Local Government may grant one increase (and no more) of a pension specified in paragraph (b) of Part III of the Schedule to this Act.

6 Increase of scheduled (Part IV) pensions.

6.—The harbour authority who granted a scheduled (Part IV) pension may, within twelve months after the passing of this Act, grant one increase (and no more) of the pension, and the increase shall be an increase to such extent as may be sanctioned by the Minister for Transport and Power, or is in accordance with an approval which is applicable to the pension and which has been given by that Minister in respect of a class of such pensions.

7 Special provisions for certain pensions.

7.—(1) Where a pension to which this subsection applies—

• (a) was granted in respect of service which ended on or after the relevant day,

• (b) was computed in whole or in part by reference to the average annual amount of salary or weekly rate of pay over a period which commenced not less than three months before the relevant day,

• (c) would have been increased under subsection (1) of section 3 of this Act if the service had ended before the relevant day, and

• (d) is a pension to be increased under subparagraph (I) of paragraph (a) of subsection (2) of section 3 of this Act,

the following provisions shall have effect :

• (i) the pension shall be increased by one-twelfth of 6 per cent. of the amount of the pension in respect of every period of three months before the relevant day included in the period referred to in paragraph (b) of this subsection, and

• (ii) the increase of 4 per cent. in the amount of the pension under subsection (2) of section 3 of this Act shall be reduced by one-twelfth in respect of every such period of three months.

• (2) In subsection (1) of this section—

“pension to which this subsection applies” means—

• (a) a pension granted under the National School Teachers' Superannuation Schemes, 1934 to 1958,

• (b) a pension granted under the Secondary Teachers' Superannuation Schemes, 1929 to 1956,

• (c) a pension granted under the Garda Síochána Pensions Orders, 1925 to 1957, or the Dublin Metropolitan Police Pensions Orders, 1922 and 1924, or those orders as varied by the Garda Síochána Pensions Orders, 1925 to 1957,

• (d) an annual allowance granted under the Superannuation Acts, 1834 to 1956,

• (e) a special annual allowance granted by way of compensation under section 7 of the Superannuation Act, 1859, or section 6 of the Superannuation Act, 1909, or

• (f) a pension granted by the former National Health Insurance Society to a person under the superannuation arrangements approved of by that Society;

“relevant day” means—

• (a) in case the relevant pension is a pension granted under the National School Teachers' Superannuation Schemes, 1934 to 1958, or the Secondary Teachers' Superannuation Schemes, 1929 to 1956—the 1st day of January, 1950, and

• (b) in any other case—the 1st day of November, 1948.

• (3) Where a pension is a pension which was increased under subparagraph (i) of subsection (1) of section 7 of the Act of 1956 and is not a pension to be increased under any other provision of this Act, it shall be increased by—

• (a) one-twelfth of 4 per cent. of the amount of the pension in respect of every period of three months before the 1st day of November, 1952, included in the period referred to in paragraph (b) of subsection (1) of section 7 of the Act of 1956, or

• (b) the difference between the amount of the pension and the amount that would be payable if the pension were computed by reference to an annual average amount of salary or weekly pay determined as if the rates of annual salary or weekly pay which first commenced to be paid on the 1st day of November, 1952, had been in effect for the whole of the period referred to in paragraph (b) of subsection (1) of section 7 of the Act of 1956,

whichever is the less.

• (4) Any reference in this section to salary shall be construed—

• (a) where the relevant pension is a pension under the National School Teachers' Superannuation Schemes, 1934 to 1958, as a reference to the scale salary, within the meaning of those Schemes, and

• (b) where the relevant pension is a pension under the Secondary Teachers' Superannuation Schemes, 1929 to 1956, as a reference to the standard salary less any special increment, within the meaning of those Schemes.

8 Commencement of increase.

8.—An increase under this Act shall, save as otherwise provided by this Act, have effect from (and inclusive of) the day of the commencement of the pension or the 1st day of August, 1959, whichever is the later.

9 Grant of certain increases.

9.—An increase under this Act of a pension, not being a scheduled (Part III) pension or a scheduled (Part IV) pension, shall be granted by—

• (a) in the case of a pension specified in paragraph (a), (b) or (c) in Part I of the Schedule to this Act, specified in paragraph (a) or (b) of subsection (2) of section 7 of this Act, or specified in paragraph (a), (b) or (c) of the Schedule to the Act of 1956, the Minister for Education,

• (b) in the case of a pension specified in paragraph (d) or (e) of Part I of the Schedule to this Act or in paragraph (a) of Part II of that Schedule, specified in paragraph (c) of subsection (2) of section 7 of this Act, or specified in paragraph (d) or (e) of Part I of the Schedule to the Act of 1956 or in paragraph (a) of Part II of that Schedule, the Minister for Justice,

• (c) in the case of a pension in respect of service which ended in the Department of Posts and Telegraphs specified in Part I of the Schedule to this Act, specified in subsection (2) of section 7 of this Act, or specified in Part I of the Schedule to the Act of 1956, the Minister for Posts and Telegraphs, and

• (d) in any other case, the Minister for Finance.

10 Supplemental provisions.

10.—(1) Subject to the provisions of this Act, every provision being a provision which was made by or under statute and which applied in relation to a pension increased under this Act before such increase, shall apply to the pension as so increased, including, in particular, every such provision with respect to the fund, moneys or other source out of which the pension is to be paid or with respect to the manner in which the cost of the pension is to be borne, defrayed or contributed to.

• (2) Any provision made by or under statute and effecting suspension or abatement of a pension increasable under this Act by reference to the salary or other remuneration received at the time of retirement shall, with effect from (and inclusive of) the 1st day of August, 1959, apply in relation to the pension as if such salary or other remuneration were increased by any increase or increases of the pension appropriate in accordance with this Act, the Act of 1956 and the Act of 1950.

• (3) Where a person has been granted a pension specified in paragraph (f) of Part I of the Schedule to this Act and also another pension payable out of moneys provided by the Oireachtas, subarticle (b) of Article 5 of the Royal Irish Constabulary (Resigned and Dismissed) Pensions Order, 1924 (S.R. & O., No. 9 of 1924), shall have effect in relation to him with such modifications (if any) in his favour as the Minister for Finance considers proper.

• (4) Where an increase in a scheduled pension or pension specified in the Schedule to the Act of 1956 granted pursuant to the provisions of the Pensions (Increase) Act, 1920, the Superannuation Act, 1947, the Garda Síochána (Pensions) Act, 1947, section 79 of the Local Government (Superannuation) Act, 1948, the Act of 1950 or the Act of 1956 was in course of payment on the 1st day of August, 1959, the amount of such pension which may be increased under this Act shall be the amount of pension payable as on the 1st day of August, 1959.

• (5) An increase under this Act of a pension shall, for the purposes of clause (e) of paragraph (II) of Rule I of the Rules contained in the Seventh Schedule to the Social Welfare Act, 1952, be regarded as a voluntary or gratuitous payment.

• (6) Every doubt, question or dispute arising under this Act in relation to a scheduled (Part I) pension, scheduled (Part II) pension, pension referred to in section 7 of this Act or pension specified in Part I of the Schedule to the Act of 1956 shall be decided by the Minister for Finance, whose decision thereon shall be final and conclusive.

11 General restriction.

11.—Nothing in this Act shall be construed as authorising an increase in—

• (a) any compensation payable under Article 10 of the Treaty of 1921,

• (b) any allowance or payment not being a scheduled pension, a pension referred to in section 7 of this Act or a pension specified in the Schedule to the Act of 1956, or

• (c) any gratuity.

12 Short title.

12.—This Act may be cited as the Pensions (Increase) Act, 1959.

SCHEDULE. Scheduled Pensions.

Part I.

A pension or allowance which was in course of payment in whole or in part on the 1st day of August, 1959, and which was—

• (a) a pension granted under the National School Teachers (Ireland) Act, 1879,

• (b) a pension granted under the National School Teachers' Superannuation Schemes, 1934 to 1958, in respect of service which ended before the 1st day of January, 1950,

• (c) a pension granted under the Secondary Teachers' Superannuation Schemes, 1929 to 1956, in respect of service which ended before the 1st day of January, 1950,

• (d) a pension or allowance granted under the Constabulary and Police (Ireland) Act, 1883, as amended by the Constabulary and Police (Ireland) Act, 1908, the Constabulary and Police (Ireland) Act, 1914, the Constabulary and Police (Ireland) Act, 1916, the Constabulary and Police (Ireland) Act, 1918, and the Constabulary and Police (Ireland) Act, 1919, not being a pension granted under the Dublin Metropolitan Police Pensions Orders, 1922 and 1924, or those orders as varied by the Garda Síochána Pensions Orders, 1925 to 1957, to or in respect of a person who became a member of the amalgamated force under the Police Forces Amalgamation Act, 1925,

• (e) a pension granted under the Garda Síochána Pensions Orders, 1925 to 1957, or the Dublin Metropolitan Police Pensions Orders, 1922 and 1924, or those orders as varied by the Garda Síochána Pensions Orders, 1925 to 1957, in respect of service which ended before the 1st day of November, 1948, not being a pension specified in the foregoing paragraph or a widow's pension or a child's allowance,

• (f) a pension granted under the Royal Irish Constabulary (Resigned and Dismissed) Pensions Orders, 1924, 1929, 1936 and 1949, not being a widow's pension,

• (g) an annual allowance granted under the Superannuation Acts, 1834 to 1956, in respect of service which ended before—

• (i) in case it was remunerated at the rate of £350 a year or less on the 28th day of May, 1948—the 29th day of May, 1948, or

• (ii) in any other case—the 1st day of November, 1948,

• (h) an annual allowance granted under a warrant made under section 1 of the Superannuation Act, 1887, in respect of service which ended before the 1st day of November, 1948,

• (i) a special annual allowance granted by way of compensation under section 7 of the Superannuation Act, 1859, or section 6 of the Superannuation Act, 1909, in respect of service which ended before the 1st day of November, 1948,

• (j) a pension granted under the Courts of Justice Act, 1924, the Courts of Justice Act, 1936, and the Courts of Justice Act, 1947, in respect of service which ended before the 1st day of April, 1947,

• (k) a pension granted under the Griffith Settlement Act, 1923,

• (l) a pension granted under the Executive Powers (Consequential Provisions) Act, 1937,

• (m) a pension granted in respect of service which ended before the 1st day of January, 1949, to a person who had been employed by the Commissioners of Public Works in Ireland in relation to the care or conservancy of the navigation or the drainage of the River Shannon or any tributary thereof or of works constructed for the improvement of such navigation or drainage,

• (n) a pension granted by the former National Health Insurance Society to a person under the superannuation arrangements approved of by that Society in respect of service which ended before the 1st day of November, 1948,

• (o) a compensation allowance payable under the Clerk of Seanad Éireann (Compensation) Act, 1939, or

• (p) a pension granted under section 4 of the Court Officers Act, 1945, in respect of service which ended before the 1st day of November, 1948.

PART II.

• (a) (i) A widow's pension granted whether before or after the passing of this Act under Scale (i) in paragraph (a) of Part II of the First Schedule to the Dublin Metropolitan Police Pensions Order, 1922, as amended by the Garda Síochána Pensions Order, 1950 (S.R. & O., No. 154 of 1950), or under Scale (i) in Paragraph A of Part II of the First Schedule to the Garda Síochána Pensions Order, 1925 (S.R. & O., No. 63 of 1925), as amended by the Garda Síochána Pensions Order, 1950.

• (ii) A widow's ordinary pension granted whether before or after the passing of this Act under Scale (ii) in paragraph (a) of Part II of the First Schedule to the Dublin Metropolitan Police Pensions Order, 1922, or under Scale (ii) in Paragraph A of Part II of the First Schedule to the Garda Síochána Pensions Order, 1925, or a widow's special pension calculated under rule 7 in paragraph (a) of Part II of the First Schedule to the Dublin Metropolitan Police Pensions Order, 1922, as amended by the Garda Síochána Pensions Order, 1950, or under subparagraph 2 of Paragraph A of Part II of the First Schedule to the Garda Síochána Pensions Order, 1925, as amended by the Garda Síochána Pensions Order, 1950.

• (b) A widow's pension granted whether before or after the passing of this Act under the Royal Irish Constabulary (Resigned and Dismissed) Pensions Orders, 1924, 1929, 1936 and 1949.

• (c) A widow's pension or child's allowance granted whether before or after the passing of this Act under the Ministerial and Parliamentary Offices Acts, 1938 to 1952.

PART III.

• (a) A pension or allowance which was granted by a local authority and which was in course of payment in whole or in part on the 1st day of August, 1959, being—

• (i) a pension or allowance which was granted in respect of service which ended before the 1st day of November, 1952, or, where in the opinion of the Minister special circumstances existed in relation to any class or classes of officers or servants of a local authority and the pension or allowance is in relation to a member of that class or one of those classes, which ended before the day determined by the local authority pursuant to subparagraph (i) of paragraph (a) of Part III of the Schedule to the Act of 1956, or

• (ii) a pension or allowance which was computed in whole or in part by reference to the average annual amount of pensionable remuneration over a period which commenced not less than three months before the 1st day of November, 1952, or, where in the opinion of the Minister special circumstances existed in relation to any class or classes of officers or servants of a local authority and the pension or allowance is in relation to a member of that class or one of those classes, which commenced not less than three months before the day determined by the local authority pursuant to subparagraph (ii) of paragraph (a) of Part III of the Schedule to the Act of 1956.

• (b) A pension which is payable by the Minister for Local Government by virtue of subsection (9) of section 5 of the Local Government Act, 1936, or by virtue of section 70 (A) of the Dublin Corporation Act, 1890, and section 66 of the Local Government (Ireland) Act, 1898, and which was in course of payment in whole or in part on the 1st day of August, 1959.

PART IV.

A pension or allowance which was granted by a harbour authority and which was in course of payment in whole or in part on the 1st day of August, 1959, being—

• (i) a pension or allowance which was granted in respect of service which ended before the 1st day of November, 1952, or, where in the opinion of the Minister for Transport and Power special circumstances existed in relation to any class or classes of officers or servants of a harbour authority and the pension or allowance is in relation to a member of that class or one of those classes, which ended before the day determined by the harbour authority pursuant to paragraph (i) of Part IV of the Schedule to the Act of 1956, or

• (ii) a pension or allowance which was computed in whole or in part by reference to the average annual amount of pensionable remuneration over a period which commenced not less than three months before the 1st day of November, 1952, or, where in the opinion of the Minister for Transport and Power special circumstances existed in relation to any class or classes of officers or servants of a harbour authority and the pension or allowance is in relation to a member of that class or one of those classes, which commenced not less than three months before the day determined by the harbour authority pursuant to paragraph (ii) of Part IV of the Schedule to the Act of 1956.