No. 44/1956:

PENSIONS (INCREASE) ACT, 1956

ARRANGEMENT OF SECTIONS

1 Interpretation.

2 Appropriate sum.

3 Increase of scheduled (Part I) pension.

4 Increase of scheduled (Part II) pension.

5 Increase of scheduled (Part III) pension.

6 Increase of scheduled (Part IV) pension.

7 Increase of certain other pensions.

8 Commencement of increases.

9 Grant of certain increases.

10 Supplemental provisions.

11 General restriction.

12 Short title.

SCHEDULE

AN ACT TO PROVIDE FOR THE INCREASE OF CERTAIN PENSIONS PAYABLE IN RESPECT OF PUBLIC SERVICE.

[18th December, 1956.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—(1) In this Act—

"the appropriate sum" has the meaning appropriate in accordance with section 2 of this Act;

"harbour authority" means a harbour authority within the meaning of the Harbours Act, 1946 (No. 9 of 1946);

"local authority" means any of the following bodies:

( a ) a local authority for the purposes of the Local Government Acts, 1925 to 1955,

( 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 (No. 19 of 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.

(2) A scheduled pension or pension referred to in section 7 of this Act which is awarded in respect of service which ended before the 1st day of August, 1956, and which comes in course of payment in whole or in part on a subsequent day shall be deemed for the purposes of this Act to have been in course of payment on the 1st day of August, 1956, 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.

2.—(1) Subject to subsection (2) of this section, for the purposes of this Act the appropriate sum in relation to a scheduled pension shall be—

( a ) where the amount of the pension does not exceed £100 a year, 15 per cent of the amount of the pension,

( b ) where the amount of the pension exceeds £100 a year but does not exceed £125 a year, £15 a year,

( c ) where the amount of the pension exceeds £125 a year but does not exceed £150 a year, 12 per cent of the amount of the pension,

( d ) where the amount of the pension exceeds £150 a year but does not exceed £200 a year, £18 a year,

( e ) where the amount of the pension exceeds £200 a year but does not exceed £300 a year, 9 per cent of the amount of the pension,

( f ) where the amount of the pension exceeds £300 a year, but does not exceed £450 a year, £27 a year,

( g ) where the amount of the pension exceeds £450 a year, 6 per cent of the amount of the pension.

(2) The following provisions shall have effect for the purposes of subsection (1) of this section:

( a ) 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 the appropriate sum 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 Pensions (Increase) Act, 1950 (No. 3 of 1950);

( b ) the annual amount of a pension shall, subject to the foregoing paragraph of this subsection, be 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.

3.—(1) A scheduled (Part I) pension specified in paragraph (f); ( l ) or (m) of Part I of the Schedule to this Act or which is in respect of service which ended before the 15th day of January, 1951, shall be increased by the appropriate sum.

(2) ( a ) Any other scheduled (Part I) pension shall be increased by—

(i) the appropriate sum, 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 scheduled (Part I) 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 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 (No. 7 of 1925), be construed as a reference to a person who was a member of the Gárda Síochána, of equivalent status and service;

"relevant day" means—

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

(ii) in relation to a scheduled (Part I) pension specified paragraph (j) or (k) of Part I of the Schedule to this Act-the 1st day of April, 1953, and

(iii) in relation to a scheduled (Part I) pension specified in paragraph (n)of Part I of the Schedule to this Act—the 1st day of January, 1953;

any reference to salary shall be construed—

( a ) where the relevant scheduled (Part I) pension or part thereof is specified in paragraph (b) of Part I of the Schedule to this Act, as a reference to the scale salary, within the meaning of the National School Teachers' Superannuation Schemes, 1934 to 1954, and

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

(4) Where—

( a ) a person is in receipt of a scheduled (Part I) pension in respect of service which ended before the 15th day of January, 1951,

( b ) the Minister for Finance considers that his salary was affected by the arrangement (commonly known as the super-cut) for the reduction of the cost-of-living bonus payable on former basic salaries in excess of £500 per annum, and

( c ) the difference between the scheduled (Part I) pension and the pension that would have been payable to him if that arrangement had not applied is greater than the appropriate sum,

the scheduled (Part I) pension shall be increased by that difference instead of by the amount appropriate in accordance, with subsection (1) of this section.

4.—(1) A scheduled (Part II) pension specified in subparagraph (i) of paragraph (a) or in paragraph (b)or (c)of Part II of the Schedule to this Act shall be increased by the appropriate sum.

(2) ( a ) A scheduled (Part II) 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 before the 1st day of November, 1952, shall be increased by—

(i) the appropriate sum, 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 Gárda 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 Gárda 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 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, 1952, is, as respects any period beginning on or after the 1st day of August, 1956, 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 under Scale (ii) of paragraph (a) in Part II of the First Schedule to Dublin Metropolitan Police Pensions Order, 1922, or a widow' special pension calculated under rule 7 in that paragraph-Scale (i) in that paragraph as amended by the Gárda Síochána, Pensions Order, 1950 ( S.I. No. 154 of 1950 ), and

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

(4) Where—

( a ) a person is in receipt of a scheduled (Part II) 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 before the 15th day of January, 1951,

( b ) the Minister for Finance considers that the salary by reference to which the scheduled (Part II) pension was computed was affected by the arrangement (commonly known as the super-cut) for the reduction of the cost-of-living bonus payable on former basic salaries in excess of £500 per annum, and

( c ) the difference between the scheduled (Part II) pension and the pension that would have been payable if that arrangement had not applied is greater than the increase that would have been appropriate in accordance with subsection (2) of this section,

the scheduled (Part II) pension shall be increased by that difference instead of by the amount appropriate in accordance with subsection (2) of this section.

5.—(1) The local authority who granted a scheduled (Part III) 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, such person 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) The Minister for Local Government may grant one increase (and no more) of a scheduled (Part III) pension specified in paragraph (b) of Part III of the Schedule to this Act.

6.—(1) 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.

(2) An increase under this section shall be in accordance with regulations made by the Minister for Industry and Commerce and, in framing the regulations, that Minister shall have regard to the provisions of the other sections of this Act with respect to increase of pensions.

7.—(1) Where a pension—

( a ) was granted in respect of service which ended on or after the 1st day of November, 1952,

( 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 before the 1st day of November, 1952, and ended before the 1st day of November, 1955,

( c ) would have been increased under section 3 of this Act if the service had ended before the 1st day of November, 1952, and

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

the pension shall be increased by—

(i) one-twelfth of the appropriate sum 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 this section, or

(ii) 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 rate 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 this section,

whichever is the less.

(2) In subsection (1) of this section, any reference to salary shall be construed—

( a ) where the relevant pension is a pension under the National School Teachers' Superannuation Schemes, 1934 to 1954, 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.—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, 1956, whichever is the later.

9.—(1) An increase under this Act of a scheduled (Part I) or scheduled (Part II) 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, 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, the Minister for Justice,

( c ) in the case of a scheduled (Part I) pension in respect of service which ended in the Department of Posts and Telegraphs, the Minister for Posts and Telegraphs, and

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

(2) An increase under section 7 of this Act shall be granted by the Minister for Finance.

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) 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, sub-article (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.

(3) Where a person has been granted two or more scheduled (Part I) pensions, the pensions shall be aggregated and treated as one pension for the purposes of this Act, and any increase under this Act shall be allocated between the pensions proportionately.

(4) 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), section 79 of the Local Government (Superannuation) Act, 1948 (No. 4 of 1948), or the Pensions (Increase) Act, 1950 (No. 30 of 1950), was in course of payment on the 1st day of August, 1956, 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, 1956.

(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 (No. 11 of 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 or pension referred to in section 7 of this Act shall be decided by the Minister for Finance, whose decision thereon shall be final and conclusive.

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 or a pension referred to in section 7 of this Act, or

( c ) any gratuity.

12.—This Act may be cited as the Pensions (Increase) Act, 1956 .

Section 1.

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, 1956, 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 1954, in respect of service which ended before the 1st day of November 1952,

( c ) a pension granted under the Secondary Teachers' Superannuation Schemes, 1929 to 1956, in respect of service which ended before the 1st day of November, 1952,

( 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, in respect of service which ended before the 1st day of November, 1952, not being a pension granted under the Dublin Metropolitan Police Pensions Orders, 1922 and 1924, or those orders as varied by the Gárda Síochána Pensions Orders, 1925 to 1955, to or in respect of a person who became a member of the amalgamated force under the Police Forces Amalgamation Act, 1925 (No. 7 of 1925),

( e ) a pension granted under the Gárda Síochána Pensions Orders, 1925 to 1955, or the Dublin Metropolitan Police Pensions Orders, 1922 and 1924, or those orders as varied by the Gárda Síochána Pensions Orders, 1925 to 1955, in respect of service which ended before the 1st day of November, 1952, 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 1954, in respect of service which ended before the 1st day of November, 1952,

( h ) an annual allowance granted under a warrant made under section 1 of the Superannuation Act, 1887 in respect of service ended before the first day of November, 1952,

( 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, 1952,

( j ) a pension granted under the Courts of Justice Act, 1924 (No. 10 of 1924), the Courts of Justice Act, 1936 (No. 48 of 1936), and the Courts of Justice Act, 1947 (No. 20 of 1947), in respect of service which ended before the 1st day of April, 1953,

( k ) a pension granted under the Comptroller and Auditor-General Act, 1923 (No. 1 of 1923), and the Comptroller and Auditor-General (Amendment) Act, 1944 (No. 19 of 1944), in respect of service which ended before the 1st day of April, 1953,

( l ) a pension granted under the Griffith Settlement Act, 1923 (No. 5 of 1923),

( m ) a pension granted under the Executive Powers (Consequential Provisions) Act, 1937 (No. 20 of 1937),

( n ) a pension granted in respect of service which ended before the 1st day of January, 1953, 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,

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

( p ) a compensation allowance payable under the Clerk of Seanad Éireann (Compensation) Act, 1939 (No. 16 of 1939), or

( q ) a pension granted under section 4 of the Court Officers Act, 1945 (No. 25 of 1945), in respect of service which ended before the 1st day of November, 1952.

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)in Part II of the First Schedule to the Dublin Metropolitan Police Pensions Order, 1922, or under Scale (ii) in Paragraph A in Part II of the First Schedule to the Gárda 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 Gárda Síochána Pensions Order, 1950, or under subparagraph 2 of Paragraph A in Part II of the First Schedule to the Gárda Síochána Pensions Order, 1925, as amended by the Gárda 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, 1956, 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 a day not later than the 6th day of April, 1953, 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 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 a day not later than the 6th day of April, 1953, determined by the local authority with the consent of the Minister.

( 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 (No. 46 of 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, 1956.

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, 1956, 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 Industry and Commerce 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 a day not later than the 6th day of April, 1953, 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 day of November, 1952, or, where in the opinion of the Minister for Industry and Commerce 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 6th day of April, 1953, determined by the harbour authority with the consent of that Minister.