No. 36/1960:

PENSIONS (INCREASE) ACT, 1960

ARRANGEMENT OF SECTIONS

1 Interpretation.

2 Amendment of section 7 of the Act of 1959.

3 Increase of scheduled (Part II) pensions and certain pensions specified in Part I of Schedule to Act of 1959.

4 Increase of scheduled (Part II) pensions and certain allowances.

5 Increase of schedule (Part III) pensions.

6 Increase of schedule (Part IV) pensions.

7 Special provisions for certain pensions.

8 Commencement of increase.

9 Grant of certain increases.

10 Supplemental provisions.

11 General restrictions.

12 Short title.

SCHEDULE

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

[22nd November, 1960.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

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 ;

"the Act of 1959" means the Pensions (Increase) Act, 1959 ;

"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 1960,

( b ) a vocational education committee,

( c ) a committee of agriculture,

( d ) a school attendance committee,

( e ) the former Dublin Fever Hospital Board,

( f ) the former Cork Fever Hospital Board;

"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 subsection (5) or (6) of section 4 or in section 7 of this Act or a pension specified in the Schedule to the Act of 1959 was awarded in respect of service which ended before the 1st day of August, 1960, 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, 1960, 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 Superannuating 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, paragraph (a) of subsection (2) of section 2 of the Act of 1956 or subsection (4) of section 1 of the Act of 1959.

(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.—Section 7 of the Act of 1959 is hereby amended, with effect as on and from the 1st day of August, 1959, as follows:

(I) in both paragraph (i) and paragraph (ii) of subsection (1)" (or, in the case of a pension granted by the former National Health Insurance Society to a person under the superannuation arrangements approved of by that Society, one-twentieth) shall be inserted after "one-twelfth"

(II) in subsection (2) the following paragraph shall be inserted after paragraph (a) of the definition of "relevant day":

"( aa ) in cue the relevant pension is a pension granted by the former National Health Insurance Society to a person under the superannuation arrangements approved of by that Society—the 1st day of February, 1949, and

3.—(1) A pension—

( a ) which was in course of payment in whole or in part on the 1st day of August, 1960, and

( b ) which is a pension specified in Part I of the Schedule to the Act of 1959,

shall be increased by 7½ per cent. of the amount of the pension.

(2) A Scheduled (Part I) pension which is not increased under subsection (1) of this section shall be increased by 5 per cent of the amount of the pension.

4.—(1) ( a ) A pension specified at paragraph (a) or (b) of Part II of the Schedule to this Act (excepting a pension specified in paragraph (b) of this subsection) shall be increased by 7½ 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 a pension the amount of which is equal to the amount which would have been payable if the pension had been calculated under Scale (i).

(2) A scheduled (Part II) pension which is not increased under subsection (1) of this section and which either is specified in paragraph (c) of Part II of the Schedule to this Act or is in respect of service which ended before the 1st day of November, 1955, shall be increased by 5 per cent. of the amount of the pension.

(3) 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, 1948, is, as respects any period beginning on or after the 1st day of August, 1960, 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.

(4) In subsections (1) and (3) of this section "Scale (i)" means—

( a ) 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 ), the Act of 1956 and the Act of 1959, and

( b ) in relation to a widow's ordinary pension calculated under Scale (ii) in paragraph A of 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, the Act of 1956 and the Act of 1959.

(5) A child's allowance calculated under rule 9 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.I. No. 154 of 1950 ), or under sub-paragraph 1 in paragraph ( c ) 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, shall be increased by 7½ per cent. of the amount of the allowance if it is in respect of service which ended before the 1st day of November, 1948, and by 5 per cent. thereof if it is in respect of service which ended on or after that day and before the 1st day of November, 1955.

(6) A child's allowance referred to in the foregoing subsection which is in respect of service which ended before the 1st day of November, 1952, shall, if it has not already been increased under the Act of 1956 or the Act of 1959, be increased by such amounts as the Minister for Finance considers appropriate, and the payments in respect of the increase shall be made as from the date or dates from which increases under the said Acts, if they had applied, would have been payable.

5.—(1) The local authority who granted a pension specified in 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 which is either a health authority within the meaning of the Health Act, 1947 , in their capacity as an authority performing functions under the Mental Treatment Acts, 1945 to 1958, or a joint board performing functions under those Acts the Minister for Health, and

( b ) in relation to any other local authority—the Minister for Local Government.

(6) The pension payable under section 4 of the Vocational Education (Amendment) Act, 1947 , shall, for the purposes of the foregoing subsections of this section and of Part III of the Schedule to this Act, be deemed to be a pension granted by the paying authority referred to in that section.

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, 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 provisions of the other sections of this Act with respect to increase of 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 subsection (2) of section 3 of this Act,

"relevant day" means—

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

( b ) in case the relevant pension is a pension granted by the former National Health Insurance Society to a person under the superannuation arrangements approved of by that Society—the 1st day of February, 1949, and

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

(3) Where a pension—

( a ) was granted in respect of service which ended on or after the 1st day of November, 1955,

( 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 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, 1955, and

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

the pension shall be increased by one-twelfth of 5 per cent. of the amount of the pension in respect of every period of three months before the 1st day of November, 1955, included in the period referred to in paragraph (b) of this subsection.

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

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

the following provisions shall have effect:

(i) the pension shall be increased by one-twelfth (or, in the case of a pension granted by the former National Health Insurance Society to a person under the superannuation arrangements approved of by that Society, one-twentieth) of 7½ 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 5 per cent. in the amount of the pension under subsection (2) of section 3 of this Act shall be reduced by one-twelfth (or, in the case of a pension granted by the former National Health Insurance Society to a person under the superannuation arrangements approved of by that Society, one-twentieth) 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' Superannuating Schemes, 1934 to 1958,

( b ) a pension granted under the Secondary Teachers' Superannuating 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 Superannuating Act, 1859, or section 6 of the Superannuating 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;

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, 1960, whichever is the later.

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) or (b) 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 Part I of the Schedule to the Act of 1959, the Minister for Education,

( b ) in the case of a pension specified in paragraph (c) of Part I of the Schedule to this Act or in paragraph (a) or (c) of Part II of that Schedule, specified in subsection (5) or (6) of section 4 or 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 1959, 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 1959, the Minister for Posts and Telegraphs, and

( d ) in any other case, 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) 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, 1960, 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 1959, 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 the Act of 1959 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 1959 granted pursuant to the provisions of the Pensions (Increase) Act, 1920, the Superannuating Act, 1947, the Garda Síochána (Pensions) Act, 1947, section 79 of the Local Government (Superannuating) Act, 1948, the Act of 1950, the Act of 1956 or the Act of 1959 was in course of payment on the 1st day of August, 1960, 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, 1960.

(5) An increase under this Act of a pension shall, for the purposes of clause (e) of paragraph (II) of Rule 1 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 subsection (5) or (6) of section 4 or in section 7 of this Act or pension specified in Part I of the Schedule to the Act of 1959 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, a pension referred to in subsection (5) or (6) of section 4 or in section 7 of this Act or a pension specified in the Schedule to the Act of 1959, or

( c ) any gratuity.

12.—This Act may be cited as the Pensions (Increase) Act, 1960 .

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, 1960, and which was—

( a ) a pension granted under the National School Teachers' Superannuating Schemes, 1934 to 1958, in respect of service which ended before the 1st day of November, 1955,

( b ) a pension granted under the Secondary Teachers' Superannuating Schemes, 1929 to 1956, in respect of service which ended before the 1st day of November, 1955,

( 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, in respect of service which ended before the 1st day of November, 1955 not being a widow's pension or a child's allowance,

( d ) an annual allowance granted under the Superannuating Acts, 1834 to 1956, in respect of service which ended before the 1st day of November, 1955,

( e ) an annual allowance granted under a warrant made under section 1 of the Superannuating Act, 1887, in respect of service which ended before the 1st day of November, 1955,

( f ) a special annual allowance granted by way of compensation under section 7 of the Superannuating Act, 1859, or section 6 of the Superannuating Act, 1909, in respect of service which ended before the 1st day of November, 1955,

( g ) 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, 1953,

( h ) a pension granted under the Comptroller and Auditor General Act, 1923 , and the Comptroller and Auditor General Amendment Act, 1944 , in respect of service which ended before, the 1st day of April, 1953,

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

( j ) a pension granted under section 4 of the Court Officers Act, 1945 , in respect of service which ended before the 1st day of November, 1955.

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.I. 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 Gárda 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 child's allowance, whether granted before or after the passing of this Act, which is payable at a rate specified in paragraph 7 or paragraph 10 of the Garda Síochána Pensions Order, 1955 ( S.I. No. 115 of 1955 ).

Part III.

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, 1960, being—

(i) a pension or allowance which was granted in respect of service which ended before the 1st day of November, 1955, 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 2nd day of April, 1956, 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 personable remuneration over a period which commenced not less than three months before the 1st day of November, 1955, 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 2nd day of April, 1956, determined by the local authority with the consent of the Minister.

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, 1960, being—

(i) a pension or allowance which was granted in respect of service which ended before the 1st day of November, 1955, 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' a day not later than the 2nd day of April, 1956, 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, 1955, 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 2nd day of April, 1956, determined by the harbour authority with the consent of that Minister.