Pensions (Increase) Act , 1964

PART I Preliminary and General.

1 Short title.

1.—This Act may be cited as the Pensions (Increase) Act, 1964.

2 Interpretation.

2.—(1) In this Act—

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

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

“the Act of 1959” means the Pensions (Increase) Act, 1959;

“the Act of 1960” means the Pensions (Increase) Act, 1960;

“the date of retirement” means, in relation to a pension or a pensioner, the last day of the relevant pensionable service;

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

“local authority” means a local authority for the purposes of the Local Government (Superannuation) Act, 1956, and also includes a body to which that Act applies by virtue of an order made under section 3 of the Health (Corporate Bodies) Act, 1961;

“the Minister” means the Minister for Finance;

“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) (a) Where a scheduled pension was awarded in respect of service which ended before the relevant day and comes in course of payment in whole or in part on a subsequent day, it shall be deemed for the purposes of Part II or Part III (as may be appropriate) of this Act to have been in course of payment on the relevant day 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.

(b) In the foregoing paragraph “the relevant day” means—

(i) in relation to Part II of this Act, the 1st day of August, 1962, or a later day determined under section 13 or section 15 of this Act (as may be appropriate), or

(ii) in relation to Part III of this Act the 1st day of November, 1963, or a later day determined under section 23 or section 25 of this Act (as may be appropriate).

(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, paragraph (a) of subsection (2) of section 2 of the Act of 1956, subsection (4) of section 1 of the Act of 1959 or subsection (4) of section 1 of the Act of 1960.

(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.

(6) A reference in this Act to salary or weekly pay 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,

(b) where the relevant pension is a pension under the Secondary Teachers' Superannuation Schemes, 1929 to 1963, as a reference to the standard salary less any special increment, within the meaning of those schemes.

PART II 1962 Increases

3 Increase of scheduled (Part I) pensions (other than pensions specified in paragraphs (l) and (m) of Part I of Schedule).

3.—A pension—

(a) which is a pension specified in Part I (other than paragraphs (l) and (m)) of the Schedule to this Act,

(b) which was in course of payment in whole or in part on the 1st day of August, 1962, and

(c) which was granted in respect of service which ended before the specified date,

shall be so increased that payments thereof in respect of any period beginning on or after the 1st day of August, 1962, are on the like basis as if on the date of the retirement the person to or in respect of whom the pension is payable was in receipt of the remuneration of which he would have been in receipt if the rates of salary or weekly pay which first commenced to be paid on the specified date had first become payable on the date of the retirement.

4 Further increase in certain cases of scheduled (Part I) pensions (other than pensions specified in paragraphs (l) and (m) of Part I of Schedule).

4.—(1) This section applies to a pension—

(a) which was calculated in whole or in part by reference to the average annual amount of salary or weekly pay received over a period which commenced before the specified date, and

(b) which is a pension to be increased under section 3 of this Act or which would be increased under that section if the service in respect of which it was granted had ended before the specified date.

(2) A pension to which this section applies shall be so increased that payments thereof in respect of any period beginning on or after the 1st day of August, 1962, are on the like basis as if the pension were calculated by reference to an average annual amount of salary or weekly pay computed in accordance with the next subsection.

(3) The average annual amount of salary by reference to which a pension to which this section applies is to be recalculated shall be determined by reference to such rates of salary or weekly pay as the Minister considers appropriate, but not exceeding the rates which first commenced to be paid on the specified date, except that a higher rate may be allowed in respect of any part of the period referred to in paragraph (a) of subsection (1) of this section which falls after the specified date if such higher rate in respect of that part was reckoned in computing the pension to be increased.

5 Amount to be reckoned in respect of emoluments.

5.—Where emoluments other than salary or weekly pay have been reckoned for a pension which is to be increased under section 3 or section 4 of this Act, or for a pension which, not having been increased under either of those sections, is to be increased under section 6 of this Act, the Minister, if he so thinks fit, may determine a revised amount of emoluments in relation to the pension, subject to a maximum of the amount produced if the emoluments were valued by reference to the rates appropriate to the emoluments on the specified date, and, if the Minister so determines a revised amount of emoluments in the case of a pension which, not having been increased under either of those sections, is to be increased under section 6 of this Act, the pension shall be recalculated by reference to the revised amount of emoluments before it is so increased.

6 Further increase of 6 in certain cases.

6.—(1) A pension—

(a) which is a pension specified in Part I (other than paragraphs (l) and (m)) of the Schedule to this Act,

(b) which was in course of payment in whole or in part on the 1st day of August, 1962, and

(c) which was increased under section 3 or section 4 of this Act or which was granted in respect of service which ended before the relevant date,

shall, in relation to any period beginning on or after the 1st day of August, 1962, and ending before or on the 31st day of October, 1963, be increased by 6 of the amount of the pension.

(2) The amount of a pension to be increased under this section shall include any increase granted under section 3 or section 4 of this Act.

(3) This section shall not apply to a pension granted in respect of service which ended before the specified date if the amount of the pension payable is not less than the amount that would be payable if the pension were recalculated by reference to sections 3 and 4 of this Act and increased under this section.

7 Specified date for purposes of sections 3, 4, 5 and 6.

7.—For the purposes of sections 3, 4, 5 and 6 of this Act, the specified date is—

(i) in case the pension is specified in paragraph (j) or (k) of Part I of the Schedule to this Act, the 1st day of April, 1953, and

(ii) in any other case, the 1st day of November, 1955.

8 Further increase of one-twelfth of 6 in certain cases.

8.—A pension—

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

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

(c) which would have been increased under section 6 of this Act if the service had ended before the relevant date, and

(d) which is not a pension to be increased under any other provision of this Part of this Act,

shall, in relation to any period beginning on or after the 1st day of August, 1962, and ending before or on the 31st day of October, 1963, be increased by one-twelfth of 6 in respect of every period of three months before the relevant date included in the period referred to in paragraph (b) of this section.

9 Relevant date for purposes of sections 6 and 8.

9.—For the purposes of sections 6 and 8 of this Act the relevant date is—

(i) in case the pension is specified in paragraph (b) of Part I of the Schedule to this Act, the 1st day of January, 1960,

(ii) in case the pension is specified in paragraph (c) of that Part, the 1st day of February, 1960,

(iii) in case the pension is specified in paragraph (e) of that Part, the 1st day of March, 1960,

(iv) in case the pension is specified in paragraph (g), (h), (i) or (q) of that Part, the 15th day of December, 1959,

(v) in case the pension is specified in paragraph (j) of that Part, the 1st day of January, 1959,

(vi) in case the pension is specified in paragraph (n) of that Part, the 1st day of January, 1962.

10 Increase of pensions specified in paragraphs (l) and (m) of Part I of Schedule.

10.—A pension specified in paragraph (l) or (m) of Part I of the Schedule to this Act shall be increased by 20 of the amount of such pension.

11 Increase of pensions specified in paragraphs (e), (f) and (g) of Part II of Schedule.

11.—(1) A pension specified in paragraph (e), (f) or (g) of Part II of the Schedule to this Act which is payable to any person on or after the 1st day of August, 1962, shall be so increased that payments thereof in respect of any period beginning on or after the 1st day of August, 1962, are equivalent to the amount determined as provided for by subsection (2), (3) or (4) (as may be appropriate) of this section if that amount is greater than the amount of the pension that would be payable if this section had not been enacted.

(2) In the case of a pension specified in paragraph (e) of Part II of the Schedule to this Act, the amount determined referred to in subsection (1) of this section is the amount of pension that would be payable if the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1960, had not been passed and increases under the Acts of 1950, 1956 and 1959 were disregarded, subject to an increase of that amount by 30 thereof if the pension is a ministerial pension and 37 thereof if it is a secretarial pension.

(3) In the case of a pension specified in paragraph (f) of Part II of the Schedule to this Act, the amount determined referred to in subsection (1) of this section is half the amount of the pensioner's husband's pension as determined under subsection (2) of this section (whether or not he was paid such a pension).

(4) In the case of a pension specified in paragraph (g) of Part II of the Schedule to this Act, the amount determined referred to in subsection (1) of this section is an amount of £100, subject to an increase of that amount by 37 thereof.

12 Increase of widows' pensions and children's allowances specified in Part II of Schedule

12.—(1) In this section—

“widow's (Scale I) pension” means a pension specified in subparagraph (i) of paragraph (a) of Part II of the Schedule to this Act;

“widow's (Scale II) pension” means a pension specified in subparagraph (ii) of paragraph (a) of that Part.

(2) A widow's (Scale I) pension or a widow's (Scale II) pension shall be increased to whichever of the following is the greatest:

(a) the amount of the widow's (Scale I) pension which, immediately before the passing of this Act, would have been payable under the provisions then in force if no widow's (Scale II) pension were payable in the case, subject to an increase of that amount by 20 thereof;

(b) in case the pension (whether a widow's (Scale I) pension or a widow's (Scale II) pension) was granted in respect of service which ended before the 1st day of November, 1955—the amount of the widow's (Scale II) pension that would be payable if the pensioner's husband was, on the date of retirement, in receipt of the remuneration of which he would have been in receipt if the rates of salary or weekly pay which first commenced to be paid on the 1st day of November, 1955, had first become payable on the day of retirement, subject to an increase of that amount by 6 thereof;

(c) in case the pension is a widow's (Scale II) pension which was granted in respect of service which ended on or after the 1st day of November, 1955, and before the 1st day of March, 1960, the amount of such pension subject to an increase of that amount by 6 thereof;

(d) in any case—£98 per annum.

(3) A child's allowance referred to in paragraph (c) of Part II of the Schedule to this Act shall be increased to the greater of the following:

(a) the amount of the allowance which, immediately before the passing of this Act, would have been payable under the provisions then in force, subject to an increase of that amount by 20 thereof;

(b) £34 per annum or, if the percentage increase referred to in Rule 10 of Part II of the First Schedule to the Dublin Metropolitan Police Pensions Order, 1922, as amended by Article 7 of the Garda Síochána Pensions Order, 1955, or in subparagraph 2 of paragraph C in Part II of the First Schedule to the Garda Síochána Pensions Order, 1925, as amended by Article 10 of the Garda Síochána Pensions Order, 1955, is applicable, £65 per annum.

(4) (a) A child's allowance specified in paragraph (d) of Part II of the Schedule to this Act which was granted in respect of service which ended before the 1st day of November, 1955, shall be increased to the amount of such allowance as would be payable if the child's father was, on the date of retirement, in receipt of the remuneration of which he would have been in receipt if the rates of salary or weekly pay which first commenced to be paid on the 1st day of November, 1955, had first become payable on the date of retirement, and if the amount of the child's allowance so increased were further increased by 6.

(b) A child's allowance specified in paragraph (d) 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, 1955, and before the 1st day of March, 1960, shall be increased by 6.

(5) (a) Where a pension or allowance payable to a widow or child of a member of the Garda Síochána or of the Dublin Metropolitan Police was calculated as a proportion of the average annual pay received by the member during a period which commenced before the 1st day of November, 1955, the pension or allowance shall be increased by recalculating it by reference to a revised average annual salary computed by reference to such rates of annual pay as the Minister determines, but not exceeding the rates which first commenced to be paid on the 1st day of November, 1955, except in so far as a higher rate or rates of annual pay was or were reckoned in respect of any period of the member's service after that day in computing the pension to be increased.

(b) The amount of a pension or allowance increased under the foregoing paragraph shall be further increased by 6.

(c) A pension—

(i) which is payable to a widow or a child of a member of the Garda Síochána,

(ii) which was granted in respect of service which ended after the 1st day of March, 1960,

(iii) which was calculated as a proportion of the average annual pay received by such member during a period which commenced not less than three months before the 1st day of March, 1960,

(iv) which would have been increased under this section if the service had ended before the 1st day of March, 1960, and

(v) is not a pension to be increased under any other provision of this Act,

shall be increased by one-twelfth of 6 in respect of every period of three months before the 1st day of March, 1960, included in the period referred to in subparagraph (iii) of this paragraph.

(6) A pension specified in paragraph (b) of Part II of the Schedule to this Act shall be increased to the amount obtained by adding to it 20 of its amount or to the amount of £98, whichever is the greater.

13 Increase of scheduled (Part III) pensions.

13.—(1) The local authority who granted a scheduled (Part III) pension, being a pension which was in course of payment in whole or in part on a date not earlier than the 1st day of August, 1962, determined by them, 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 for Local Government, 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.

(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 for Local Government 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 for Local Government.