S.I. No. 261/1972:

PENSIONS (INCREASE) REGULATIONS, 1972.

PENSIONS (INCREASE) REGULATIONS, 1972.

I, SEOIRSE Ó COLLA, Minister for Finance, in exercise of the 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, 1972.

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 1970 Regulations" means the Pensions (Increase) Regulations, 1970 ( S.I. No. 181 of 1970 );

"the 1971 Regulations" means the Pensions (Increase) Regulations, 1971 ( S.I. No. 280 of 1971 );

"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) 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)),

(b) a body to which the local Government (Superannuation) Act, 1956 , applies by virtue of an order made under section 3 of the Health (Corporate Bodies) Act, 1961 (No. 27 of 1961),

(c) a health board to which the Local Government (Superannuation) Act, 1956 , applies by virtue of section 20 of the Health Act, 1970 (No. 1 of 1970), and

(d) a body to which the Local Government (Superannuation) Act, 1956 , applies by virtue of section 3 of the Local Government Services (Corporate Bodies) Act, 1971 (No. 6 of 1971).

"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.

(b) In the foregoing paragraph "the relevant day" means the 1st day of October, 1971, or a later day determined under Regulation 10 or 12 of these Regulations (as may be appropriate).

(3) (a) 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.

(b) A pension granted by one local authority which is payable by another local authority, shall be deemed for the purposes of these Regulations to have been granted by the paying authority.

(4) A reference in these Regulations to the amount of a pension shall 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.

(5) 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 1967, 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. 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 October, 1971,

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

shall be so increased that payments thereof in respect of any period, beginning on or after the 1st day of October, 1971, 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 if the rates of salary or weekly pay which first commenced to be paid on the 1st day of June, 1969, 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.

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 October, 1971, 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 October, 1971, 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 the rates which first commenced to be paid on the 1st day of June, 1969.

5. (1) Where emoluments other than salary or weekly pay have been reckoned for a pension which is to be increased under Regulation 3, 4, 9 (2), 9 (4) or 9 (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 June, 1969.

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

6. (1) A pension which is both specified in paragraph (t), (u), (v) or (w) of Part I of the Schedule to the Act of 1964 and was increased under the 1967 Regulations, the 1968 Regulations, the 1969 Regulations, the 1970 Regulations and the 1971 Regulations shall be further increased by 10·5% with effect from the 1st day of October, 1971.

(2) The minimum pension payable in respect of a pension specified in paragraph (t) of Part I of the Schedule to the Act of 1964 by virtue of paragraph (i) of this Regulation shall be £52·20 per annum.

7. Where a person has surrendered part of a pension referred to in Regulation 3, 4 or 5 of these Regulations 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 October, 1971, and had been increased as from that date under the said Regulation 3, 4 or 5 (as may be appropriate).

8. 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 October, 1971, shall be increased by 10·5% 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 October, 1971.

9. (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 October, 1971, whichever is the later, be increased to whichever of the following is the greater--

(a) (i) in the case of a widow's (Scale I) pension, the amount of 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 136·09% thereof,

(ii) in the case of a widow's (Scale II) pension, the amount of pension which 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 June, 1969, had first become payable on the date of retirement in lieu of the rates actually payable;

or

(b) in either case, £260·64 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 136·09% thereof, or

(b) £172·08 per annum, 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 ( S.I. No. 115 of 1955 ), is applicable.

(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 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 June, 1969, 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 June, 1969.

(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 £260·64,

(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 136·09% thereof, whichever is the greater.

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, 1971, 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 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. (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, 1971, 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.

12. 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 October, 1971, 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.

13. 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 10 of these Regulations, 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 of these Regulations, whichever is the later,

(c) in any other case, the date of the commencement of the pension or the 1st day of October, 1971, whichever is the later.

14. 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 specified in Part I of the Schedule to the Act of 1964, being a 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.

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 (other than the Pensions (Abatement) Act, 1965 (No. 13 of 1965)) and affecting suspension or abatement of a pension which is increasable under these Regulations and has been so increased by recalculating it by reference to rates of salary or other remuneration which first commenced to be paid on the 1st day of June, 1969, shall, with effect from (and inclusive of) the 1st day of October, 1971, or a later day determined under Regulation 10 or 12 of these Regulations, apply in relation to the increased pension as if such rates of salary or remuneration had first commenced to be paid on the date of retirement.

(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 is not a multiple of twelve new pence, the pension shall be rounded up to the nearest multiple of twelve new pence.

(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 23rd day of October, 1972.

SEOIRSE Ó COLLA,

Minister for Finance.

EXPLANATORY NOTE.

The Regulations provide, in general, for an increase, with effect from 1st October, 1971, in public service pensions up to the level they would be at if based on June, 1969, rates of pay. The Regulations also provide for increases of 10·5% in Military Service pensions, Garda widows and RIC widows flat rate pensions and certain child allowances.