S.I. No. 181/1970:

PENSIONS (INCREASE) REGULATIONS, 1970

PENSIONS (INCREASE) REGULATIONS, 1970

I, SEOIRSE Ó COLLA, 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. These Regulations may be cited as the Pensions (Increase) Regulations, 1970.

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 first Regulations of 1966" means the Pensions (Increase) Regulations, 1966 ( S.I. No. 4 of 1966 );

"the second Regulations of 1966" means the Pensions (Increase) (No. 2) Regulations, 1966 ( S.I. No. 147 of 1966 );

"the 1967 Regulations" means the Pensions (Increase) Regulations, 1967 ( S.I. No. 139 of 1967 );

"the 1968 Regulations" means the Pensions (Increase) Regulations, 1968 ( S.I. No. 103 of 1968 );

"the 1969 Regulations" means the Pensions (Increase) Regulations, 1969 ( S.I. No. 25 of 1969 );

"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 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 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 paragraph "the relevant day" means the 1st day of August, 1969, or a later day determined under Regulation 11 or Regulation 13 (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 section 2 (2) (b) of the Act of 1950, section 2 (2) (a) of the Act of 1956, section 1 (4) of the Act of 1959, section 1 (4) of the Act of 1960, section 2 (4) of the Act of 1964, Regulation 2 (4) of the first Regulations of 1966, Regulation 2 (4) of the second Regulations of 1966, the 1968 Regulations or the 1969 Regulations.

(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 1968, 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 1968, as a reference to the standard salary less any special increment, within the meaning of those Schemes.

3. (1) A pension--

(a) which is a pension specified in Part 1 of the Schedule to the Act of 1964, other than a pension specified in paragraph (l), (m), (t), (u), (v) or (w) of that Part,

(b) which was in course of payment in whole or in part on the 1st day of August, 1969, and

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

shall, subject to paragraph (2) of this Regulation, be so increased that payments thereof in respect of any period beginning on or after the 1st day of August, 1969, are on the like basis as if, on the date of 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--

(i) if the rates of salary or weekly pay which first commenced to be paid on the 1st day of February, 1964, had first become payable on the date of retirement, or the date of injury in the case of a pension specified in paragraph (h) of Part I of the Schedule to the Act of 1964, in lieu of the rates actually payable, or

(ii) 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 retirement, in lieu of the rates actually payable subject to an increase of such remuneration by 28.184%,

whichever is the greater.

(2) A pension increased under this Regulation shall not exceed the amount of pension that would be payable if, on the date of 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 payable on the 1st day of August, 1968, had been payable on the date of retirement in lieu of the rates actually payable.

4. (1) A pension--

(a) which is a pension specified in Part I of the Schedule to the Act of 1964, other than a pension specified in paragraph (l), (m), (t), (u), (v) or (w) of that Part,

(b) which was in course of payment in whole or in part on the 1st day of August, 1969, and

(c) which was computed by reference to an average annual amount of salary or weekly pay,

shall be so increased that payments thereof in respect of any period beginning on or after the 1st day of August, 1969, 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 paragraph.

(2) The average annual amount of salary by reference to which a pension to which this Regulation applies is to be recalculated shall be determined by reference to such rates of salary or weekly pay as the Minister considers appropriate, but shall not exceed whichever of the following is the greater--

(a) the rates which first commenced to be paid on the 1st day of February, 1964, or

(b) the rates which first commenced to be paid on the specified date, subject to an increase of such rates by 28.184%, or, if lesser, the rates payable on the 1st day of August, 1968, provided that a higher rate may be allowed in respect of any part of the period by reference to which the average annual pay was calculated if such higher rate in respect of that period was reckoned in computing the pension to be increased.

5. (1) Where emoluments other than salary or weekly pay have been reckoned for a pension which is to be increased under Regulation 3, Regulation 4, Regulation 10 (2) (b), Regulation 10 (4) or Regulation 10 (5) of these Regulations, 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 payable on the 1st day of February, 1964, or where the pension is being recalculated by reference to the rates of pay which first commenced to be paid on the specified date increased by 28.184%, subject to a maximum of the amount produced if the emoluments were valued by reference to the rates appropriate to the emoluments payable on the specified date increased by 28.184%.

(2) For the purposes of this Regulation, an amount determined by the Minister pursuant to sub-Rule (2) (b) of Article 4 of the Garda Síochána Pensions Order, 1930, (inserted by Article 5 of Garda Síochána Pensions Order, 1965 ( S.I. No. 149 of 1965 )) shall be treated as an emolument.

6. For the purposes of Regulation 3, Regulation 4, Regulation 5 and Regulation 16 of these Regulations, the specified date in relation to a pension is--

(a) in case the pension is specified in paragraph (g), (h), (i), (n), (o) or (r) of Part I of the Schedule to the Act of 1964, such date not earlier than the 1st day of April, 1961, as the Minister may determine,

(b) in any other case, the 1st day of November, 1961.

7. (1) A pension--

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

(b) which was increased under the 1967 Regulations, the 1968 Regulations and the 1969 Regulations,

(c) which is payable to a person who is in receipt of a special allowance under section 7 of the Army Pensions Act, 1943 (No. 14 of 1943), and

(d) which, immediately before the 1st day of August, 1969, was less than £25 per annum,

shall, with effect from the 1st day of August, 1969, be increased to £25 per annum and be further increased by 10%.

(2) A pension which is specified in paragraph (t), (u), (v) or (w) of Part I of the Schedule to the Act of 1964 and which was increased under the 1967 Regulations, the 1968 Regulations and the 1969 Regulations, other than a pension to which paragraph (1) of this Regulation applies, shall be increased by 10% with effect from the 1st day of August, 1969.

8. Where a person has surrendered part of a pension referred to in Regulation 3, Regulation 4 or Regulation 5 to provide a pension for a wife or dependant, any pension actually payable to him or to the wife or dependant shall be increased by a percentage equivalent to the percentage by which the pension before the surrender would have been increased if it had been in course of payment on the 1st day of August, 1969, and had been increased as from that date under Regulation 3, Regulation 4 or Regulation 5 (as may be appropriate).

9. An allowance specified in paragraph (h) of Part II of the Schedule to the Act of 1964 which is payable on or after the 1st day of August, 1969, shall be increased by 10% of the amount payable or of the amount which would, if the allowance had been in course of payment, have been payable immediately before the 1st day of August, 1969.

10. (1) In this Regulation--

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

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

(2) A widow's (Scale I) pension or a widow's (Scale II) pension shall, as from the date of commencement of the pension or the 1st day of August, 1969, 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 86.602% thereof;

(b) the amount of the widow's (Scale II) pension that would be payable--

(i) 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 February, 1964, had first become payable on the date of retirement in lieu of the rates actually payable,

or

(ii) 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, 1961, had first commenced to be payable on the date of his retirement in lieu of the rates actually payable, subject to an increase of such remuneration by 28.184% and subject to the remuneration as increased not exceeding the remuneration of which he would have been in receipt if the rates of salary or weekly pay payable on the 1st day of August, 1968, had first become payable on the date of retirement in lieu of the rates actually payable,

whichever is the greater;

(c) in any case--£195 11s. 0d. per annum.

(3) 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 86.602% thereof;

( b ) 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 paragraph C (2) 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, £137 per annum.

(4) A child's allowance specified in paragraph (d) of Part II of the Schedule to the act of 1964 shall be increased to the greater of the following:

( a ) the amount of such allowance as would be payable if the father of the child 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 February, 1964, had first become payable on the date of retirement in lieu of the rates actually payable, or

( b ) the amount of the allowance that would be payable if the father of the child 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, 1961, had first become payable on the date of retirement, in lieu of the rates actually payable subject to an increase of such rates by 28.184% and subject to the remuneration as increased not exceeding the remuneration of which he would have been in receipt if the rates of salary or weekly pay payable on the 1st day of August, 1968, had first become payable on the date of retirement in lieu of the rates actually payable.

(5) Where a pension or allowance payable to a widow or child of a member of the Garda Síochána or the Dublin Metropolitan Police was calculated as a proportion of the average annual pay received by the member during a period, the pension or allowance shall be increased by recalculating it 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 February, 1964, or if greater, the rates which first commenced to be paid on the 1st day of November, 1961, subject to an increase of such rates by 28.184% or the rates payable on the 1st day of August, 1968, if lesser, except that a higher rate may be allowed in respect of any part of the period by reference to which the average annual pay was calculated if such higher rate in respect of that period was reckoned in computing the pension to be increased.

(6) 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 £195 11s. 0d, 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 86.602% thereof,

whichever is the greater.

11. (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, 1969, 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 the 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 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.

12. (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 August, 1969, 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 Regulation the Minister for Transport and Power shall have regard to the other provisions of these Regulations with respect to increase of pensions.

13. The board or other body who granted a scheduled (Part V) pension being a pension which was in course of payment on a date not earlier than the 1st day of August, 1969, determined by them, may grant one increase (and no more) of the pension, and the increase shall be an increase to such extent (if any) 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.

14. Save as otherwise provided by these Regulations, an increase under these Regulations shall have effect from (and inclusive of)--

( 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 11, 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 13, whichever is the later,

( c ) in any other case, the date of the commencement of the pension or the 1st day of August, 1969, whichever is the later.

15. An increase under these Regulations 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 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.

16. (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 (other than the Pensions (Abatement) Act, 1965 (No. 13 of 1965)) and affecting suspension or abatement of a pension increasable under these Regulations shall, with effect from (and inclusive of) the 1st day of August, 1969, or a later day determined under Regulation 11 or 13, apply in relation to the increased pension as follows:

( a ) 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 the 1st day of February, 1964, or on the 1st day of August, 1968, as if such rates of salary or remuneration had first commenced to be paid on the date of retirement,

( b ) 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 the specified date, increased by 28.184% as if the rates which first commenced to be paid on that specified date had first commenced to be paid on the date of retirement, subject to an increase of such remuneration by the difference between the amount of the increased pension and the pension that would be payable if based on that remuneration.

(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, Article (5) (b) 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 modification (if any) as the Minister considers proper.

(4) 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.

(5) 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 5th day of August, 1970.

SEOIRSE Ó COLLA,

Minister for Finance.

EXPLANATORY NOTE.

The Regulations provide, in general for an increase, with effect from 1 August 1969, in public service pensions up to the level they would be at if based on February 1964 rates of pay or if better on eighth-round rates of pay increased by 28.184% (subject to a ceiling of the pension which would be payable if based on the rates payable on 1 August 1968). The Regulations also provide for increases of 10% in Military Service pensions, Garda widows and R.I.C. widows flat rate pensions and certain child allowances.