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10 1964

PENSIONS (INCREASE) ACT, 1964

PART IV.

Miscellaneous.

Grant of certain increases.

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

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

(d) in any other case, the Minister.

Supplemental provisions.

28. —(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 or under a scheme made by virtue of 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) (a) Any provision made by or under statute and affecting suspension or abatement of a pension increasable under this Act shall, with effect from (and inclusive of) the relevant day, apply in relation to the increased pension as follows:

(i) in case the pension has been increased by recalculating it by reference to rates of salary or other remuneration which first commenced to be paid on a specified date subsequent to the date of retirement, as if such rates of salary or other remuneration had first commenced to be paid on the date of retirement,

(ii) in case the pension has been altered by the addition of a specified sum, as if such specified sum were added to the salary or other remuneration (as determined under the foregoing paragraph or otherwise) by reference to which the pension is to be suspended.

(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 of 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) The annual pay by reference to which, consequent upon the Garda Síochána Pensions Order, 1957, a pension is to be suspended, shall be taken, with effect as from (and inclusive of) the 1st day of August, 1960, as being increased by 5%.

(4) (a) 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, 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 this Act and also another pension payable out of moneys provided by the Oireachtas, Table III in the Garda Síochana Pensions Order, 1951, shall, with effect as from the 1st day of August, 1959, have effect in relation to him with such modifications (if any) as the Minister considers proper.

(5) Where the amount of a pension referred to in Part I or Part II of the Schedule to this Act is to be altered, any question arising as to the amount of the remuneration or emoluments by reference to which the altered pension is to be calculated shall be determined by the Minister.

(6) (a) Where a pension to which this subsection applies is to be increased by recalculating it by reference to rates of salary or other remuneration which first commenced to be paid on a particular date, the rates of salary or other remuneration by reference to which the pension is to be recalculated shall be determined by the Minister—

(i) in case the pension is a pension specified in subparagraph (i) of the next paragraph, by reference to the rates of salary or weekly pay which first commenced to be paid on the particular date to members of the Garda Síochána, and

(ii) in case the pension is a pension specified in subparagraph (ii) of the next paragraph, by reference to such of the rates of salary or other remuneration which first commenced to be paid to civil servants on the particular date as the Minister deems to be appropriate.

(b) This subsection applies to—

(i) any pension which is payable in respect of service in the Royal Irish Constabulary, or in respect of service in the Dublin Metropolitan Police by a person whose service in the Dublin Metropolitan Police ended before the commencement of the Police Forces (Amalgamation) Act, 1925 ,

(ii) any pension specified in paragraph (o) of Part I of the Schedule to this Act.

(7) (a) Save as otherwise provided by this Act, where an increase in a scheduled pension 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, the Act of 1956, the Act of 1959 or the Act of 1960 was in course of payment on the relevant day, the amount of such pension which may be increased under this Act shall be the amount of pension payable as on the relevant day.

(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).

(8) Where the normal amount of a pension as increased by this Act 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.

(9) Every doubt, question or dispute arising under this Act 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.

Regulations for increases.

29. —(1) The Minister may by regulations add to the Schedule to this Act any pension or allowance which is payable out of the Central Fund or moneys provided by the Oireachtas, a local authority or a harbour authority.

(2) The Minister may by regulations provide for the increase of any scheduled pension, and any such increase may have effect from a date before the making of the regulations.

(3) Without prejudice to the generality of subsection (2) of this section, regulations under that subsection may include provisions corresponding, whether with modifications or without modifications, to any of the provisions of the foregoing sections of this Act.

(4) Every regulation made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Increase of certain pensions granted under schemes.

30. —(1) (a) Any provision in any Act of the Oireachtas or of the Oireachtas of Saorstát Éireann enabling a board or other body to make a scheme for the grant of pensions to its employees shall be construed as enabling the board or body to make, from time to time, with the approval of the Minister and of the appropriate Minister, schemes for the increase of pensions payable to persons who have retired from the service of the board or body, and any such increase may have effect from a date before the making of the scheme which provides for the increase.

(b) In the foregoing paragraph “the appropriate Minister” refers to such Minister as was required by the relevant statutory provision to approve of schemes made under such provision.

(2) Every scheme made by virtue of this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within twenty-one days on which that House has sat after the scheme has been laid before it, the scheme shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

General restriction.

31. —Nothing in this Act or any regulations made thereunder 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 or a pension referred to in section 30 of this Act, or

(c) any gratuity.