S.I. No. 4/1966 - Pensions (Increase) Regulations, 1966

S.I. No. 4 of 1966.

PENSIONS (INCREASE) REGULATIONS, 1966.

I, JOHN LYNCH, Minister for Finance, in exercise of powers conferred on me by section 29 of the Pensions (Increase) Act, 1964 (No. 10 of 1964), hereby make the following regulations :

1.

2.

2.—(1) In these Regulations—

" the Act of 1950 " means the Pensions (Increase) Act, 1950 (No. 3 of 1950) ;

" the Act of 1956 " means the Pensions (Increase) Act, 1956 (No. 44 of 1956) ;

" the Act of 1959 " means the Pensions (Increase) Act, 1959 (No. 43 of 1959) ;

" the Act of 1960 " means the Pensions (Increase) Act, 1960 (No. 36 of 1960) ;

" the Act of 1964 " means the Pensions (Increase) Act, 1964 (No. 10 of 1964) ;

" 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 (No. 9 of 1946) ;

" local authority " means a local authority for the purposes of the Local Government (Superannuation) Act, 1956 (No. 10 of 1956) as amended by the Mental Treatment Act, 1961 (No. 7 of 1961), 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 (No. 27 of 1961) ;

" the Minister " means the Minister for Finance ;

" scheduled pension " means a pension or allowance specified in the Schedule to the Act of 1964 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 schedule 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 these Regulations 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 (c. 86, 1914).

• (b) In the foregoing sub-paragraph " the relevant day " means the 1st day of October, 1964, or a later day determined under Regulation 10 or Regulation 12 (as may be appropriate).

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

• (4) For the purposes of these Regulations, 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 these Regulations 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, subsection (4) of section 1 of the Act of 1960 or subsection (4) of section 2 of the Act of 1964.

• (5) A reference in these Regulations to the amount of a pension shall, subject to paragraph (4) of this Regulation, 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 these Regulations 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 1964, 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.

3.

• (i) the following paragraph is hereby added to Part I of the Schedule to the Act of 1964 :

" (r) A pension granted under the Staff of the Houses of the Oireachtas Act, 1959 (No. 38 of 1959)." ;

• (ii) the following is hereby added to Part III of that Schedule :

" A pension or allowance which was granted by a local authority, being—

• (i) a pension or allowance which was granted in respect of service which ended on or after the 15th December, 1959, and before the 1st July, 1960, or, where in the opinion of the Minister for Local Government 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 on or after the 15th December, 1959, and before a day not later than the 1st April, 1962, determined by the local authority with the consent of the Minister, 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 July, 1960, or, where in the opinion of the Minister for Local Government 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 a day not later than the 1st April, 1962, determined by the local authority with the consent of that Minister." ;

• (iii) the following is hereby added to Part IV of that Schedule :

" A pension or allowance which was granted by a harbour authority, being—

• (i) a pension or allowance which was granted in respect of service which ended on or after the 1st July, 1959, and before the 1st August, 1960, or, where in the opinion of the Minister for Transport and Power special circumstancesexisted 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 on or after the 9th November, 1960, and before a day not later than the 7th March, 1962, determined by the harbour authority with the consent of that Minister, 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 August, 1960, 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 a day not later than the 7th March, 1962, determined by the harbour authority with the consent of that Minister."

4.

5.

• (a) which is a pension specified in paragraph (n) of Part I of the Schedule to the Act of 1964,

• (b) which was in course of payment in whole or in part on the 1st day of November, 1963, and

• (c) which was granted in respect of service which ended before the 1st day of April, 1958,

shall be so increased that payments thereof in respect of any period beginning on or after the 1st day of November, 1963, 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 1st day of April, 1958, had first become payable on the date of the retirement.

6.

6.—(1) A pension—

• (a) which is a pension specified in paragraph (a) to (k) and (n) to (r) of Part I of the Schedule to the Act of 1964,

• (b) which was in course of payment in whole or in part on the 1st day of October, 1964, and

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

shall be increased by 5% of the amount of the pension.

• (2) For the purposes of this and the next Regulation the specified date in relation to a pension is such date, not earlier than the 1st day of April, 1961, as the Minister may determine.

7.

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

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

• (c) which would have been increased under Regulation 6 if the service had ended before the specified date, and

• (d) which is not a pension to be increased under any other provision of those Regulations,

shall be increased by one-twelfth of 5% in respect of every period of three months before the specified date included in the period referred to in paragraph (b) of this Regulation.

8.

8.—(1) A pension specified in paragraph (e), (f) or (g) of Part II of the Schedule to the Act of 1964 which is payable to any person on or after the 1st day of October, 1964, shall be so increased that payments thereof in respect of any period beginning on or after the 1st day of October, 1964, are equivalent to the amount determined as provided for by paragraph (2), (3) or (4) (as may be appropriate) of this Regulation if that amount is greater than the amount of the pension that would be payable if this Regulation had not been made.

• (2) In the case of a pension specified in paragraph (e) of Part II of the Schedule to the Act of 1964, the amount determined referred to in paragraph (1) of this Regulation is the amount of pension that would be payable if the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1960 , (No. 12 of 1960), had not been passed and increases under the Acts of 1950, 1956, 1959 and 1964 were disregarded, subject to an increase of that amount by 721/5% thereof if the pension is a ministerial pension and 75% 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 the Act of 1964, the amount determined referred to in paragraph (1) of this Regulation is half the amount of the pensioner's husband's pension as determined under paragraph (2) of this Regulation (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 the Act of 1964 the amount determined referred to in paragraph (1) of this Regulation is an amount of £100, subject to an increase of that amount by 75% thereof.

9.

9.—(1) In this Regulation—

" widow's (Scale I) pension " means a pension specified in subparagraph (i) of paragraph (a) of Part II of the Schedule to the Act of 1964 ;

" 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, as from the date of the commencement of the pension or the 1st day of November, 1963, whichever is the later, be increased to whichever of the following is the greater :

• (a) in case the pension (whether a widow's (Scale I) pension or a widow's (Scale II) pension) was granted in respect of of service which ended before the 1st day of March, 1960—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 March, 1960, had first become payable on the day of retirement ;

• (b) in any case—£111 per annum.

• (3) A widow's (Scale I) pension or a widow's (Scale II) pension shall, as from the date of the commencement of the pension or the 1st day of October, 1964, whichever is the later, 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 the Act of 1964, 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 321/3% 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, 1961—the amount of the widow's (Scale II) pension specified in subparagraph (a) of paragraph (2) of this Regulation, increased by 5% ;

• (c) in any case—£111 per annum.

• (4) A child's allowance referred to in paragraph (c) of Part II of the Schedule to the Act of 1964 shall be increased to the greater of the following :

• (a) the amount of the allowance which, immediately before the passing of the Act of 1964, would have been payable under the provisions then in force, subject to an increase of that amount by 321/3% 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 ( S.I. No. 115 of 1955 ), or in subparagraph 2 of paragraph C in Part II of the First Schedule to the Garda Síochána Pensions Order, 1925 ( S. R. & O. No. 63 of 1925 ), as amended by Article 10 of the Garda Síochána Pensions Order, 1955, is applicable, £65 per annum.

• (5) A child's allowance specified in paragraph (d) of Part II of the Schedule to the Act of 1964 which was granted in respect of service which ended before the 1st day of November, 1961, shall be increased to the amount of such allowance specified in subsection (4) of section 22 of the Act of 1964, increased by 5%.

• (6) A pension—

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

• (ii) which was granted in respect of service which ended after the 1st day of November, 1961,

• (iii) which was calculated as a proportion of the average annual pay received by such member during a period which commenced before the 1st day of November, 1961,

• (iv) which would have been increased under this Regulation if the service had ended before the 1st day of November, 1961, and

• (v) is not a pension to be increased under any other provision of these Regulations,

shall be increased by one-twelfth of 5% in respect of every period of three months before the 1st day of November, 1961, included in the period referred to in subparagraph (iii) of this paragraph.

• (7) A pension specified in paragraph (b) of Part II of the Schedule to the Act of 1964 shall be increased to—

• (a) an amount of £111, or

• (b) the amount which, immediately before the passing of the Act of 1964 would have been payable under the provisions then in force, subject to an increase of that amount by 321/3% thereof,

whichever is the greater.

10.

10.—(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 October, 1964, 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 making of these Regulations to grant an increase under paragraph (1) of this Regulation, 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 paragraph (1) of this Regulation, he may, not later than six months after the grant of the increase, appeal against it to the Minister for Local Government.

• (4) On an appeal under this Regulation, the Minister for Local Government 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 that Minister shall have effect as if made by that authority.

• (5) The pension payable under section 4 of the Vocational Education (Amendment) Act, 1947 (No. 1 of 1947), shall, for the purposes of the foregoing paragraphs of this Regulation and of Part III of the Schedule to the Act of 1964, be deemed to be a pension granted by the paying authority referred to in that section.

11.

11.—(1) The harbour authority who granted a scheduled (Part IV) pension, being a pension which was in course of payment in whole or in part on the 1st day of October, 1964, 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 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.

• (2) In giving a sanction or approval under this section the Minister for Transport and Power shall have regard to the other provisions of these Regulations with respect to increase of pensions.

12.

13.

• (a) in the case of a Scheduled (Part III) pension—the date of the commencement of the pension or the date determined pursuant to Regulation 10, whichever is the later,

• (b) in the case of a scheduled (Part V) pension—the date of the commencement of the pension or the date determined pursuant to Regulation 12, whichever is the later,

• (c) in any other case—the date of the commencement of the pension or the 1st day of October, 1964, whichever is the later.

14.

• (a) in the case of a pension specified in paragraph (a), (b) or (c) of Part I of the Schedule to the Act of 1964, the Minister for Education,

• (b) in the case of a pension specified in paragraph (d) or (e) of Part I of the Schedule to the Act of 1964 or in paragraph (a), (c) or (d) 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 the Act of 1964, the Minister for Posts and Telegraphs, and

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

15.

15.—(1) Subject to the provisions of these Regulations, every provision, being a provision which was made by or under statute and which applied in relation to a pension increased under these Regulations, 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 affecting suspension or abatement of a pension increasable under the Regulations shall, with effect from (and inclusive of) the 1st day of October, 1964, or a later day determined under Regulation 10 or 12, apply in relation to the increased pension as if the salary or other remuneration by reference to which the pension is to be suspended or abated were increased by any increase or increases of the pension appropriate in accordance with these Regulations and the Act of 1964.

• (3)
• (a) Where a person has been granted a pension specified in paragraph (f) of Part I of the Schedule to the Act of 1964 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) as the Minister considers proper.

• (b) Where a person has been granted a pension specified in paragraph (e) of Part I of the Schedule to the Act of 1964 and also another pension payable out of moneys provided by the Oireachtas, Table III in the Garda Síochána Pensions Order, 1951 ( S.I. No. 410 of 1951 ), shall have effect in relation to him with such modifications (if any) as the Minister considers proper.

• (4) Save as otherwise provided by these Regulations, where an increase in a scheduled pension granted pursuant to the provisions of the Pensions (Increase) Act, 1920, the Superannuation Act, 1947 (No. 29 of 1947), the Garda Síochána (Pensions) Act, 1947 (No. 41 of 1947), section 79 of the Local Government (Superannuation) Act, 1948 (No. 4 of 1948), the Act of 1950, the Act of 1956, the Act of 1959, the Act of 1960, the Act of 1964 or Regulation 4 or 5 of these Regulations was in course of payment on the 1st day of October, 1964, or a later day determined under Regulation 10 or 12, the amount of such pension which may be increased under these Regulations shall be the amount of pension payable as on the said day.

• (5) Where the normal amount of a pension as increased by these Regulations consists of a whole number of shillings and a part of a shilling, the pension shall be—

• (a) in case the part of a shilling is less than sixpence, the whole number of shillings, and

• (b) in case the part of a shilling is sixpence or more, the whole number plus one of shillings.

• (6) Every doubt, question or dispute arising under these Regulations in relation to a scheduled (Part I) pension or a scheduled (Part II) pension shall be decided by the Minister, whose decision thereon shall be final and conclusive.

GIVEN under my Official Seal, this 10th day of January, 1966.

JOHN LYNCH,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations provide, in general, for an increase of 5% as from the 1st October, 1964, on public service pensions awarded prior to the date of the eighth round pay increase.