Pensions (Increase) Act, 1964

What is this act about?

This law, the Pensions (Increase) Act, 1964, provides for the increase of certain pensions that are paid in respect of public service. It details how and when these pensions should be increased, specifically outlining "1962 Increases" and "1963 Increases."

Who it applies to: Individuals receiving pensions or allowances specified in the Act's Schedule; The Minister for Finance, who is responsible for determining certain rates and regulations.

At a glance

Country: Ireland
Area of law: Social security
Articles: 31
Source: irishstatutebook.ie
Text retrieved: 2026-06-17
Explanation updated: 2026-07-07

What does this act regulate?

The increase of various types of scheduled pensions.
The calculation of emoluments (salary or weekly pay) for pension increases.
The commencement dates for these pension increases.
Supplemental provisions for granting and regulating these increases.

Who does this act apply to?

Individuals receiving pensions or allowances specified in the Act's Schedule.
The Minister for Finance, who is responsible for determining certain rates and regulations.

What are the key points?

Pensions specified in Part I of the Schedule (excluding paragraphs (l) and (m)) that were in payment on August 1, 1962, and granted for service ending before a specified date, are to be increased.
Further increases are provided for certain pensions calculated by reference to average annual salary or weekly pay received over a period commencing before a specified date.
The Act also details "1963 Increases" for various scheduled pensions, with different specified dates for commencement.
The amount of a pension refers to the annual amount of the full pension, less any part surrendered.

Social security

Old Age Pension Act, 1924

Superannuation and Pensions Act, 1923

Social Welfare Act, 1974

Sea Fisheries Act, 1931

British-Irish Agreement (Amendment) Act, 2002

Vocational Education (Amendment) Act, 1947

Connaught Rangers (Pensions) Act, 1936

Courts of Justice and Court Officers (Superannuation) Act, 1961

Social security

Legal text

Pensions (Increase) Act, 1964 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1964 Pensions (Increase) Act, 1964 Pensions (Increase) Act, 1964 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 10 of 1964.

PENSIONS (INCREASE) ACT, 1964 ARRANGEMENT OF SECTIONS

PART I

Preliminary and General.

Section

Section 1

Short title.

Section 2

Interpretation.

PART II

1962 Increases

Section 3

Increase of scheduled (Part I) pensions (other than pensions specified in paragraphs (l) and (m) of Part I of Schedule).

Section 4

Further increase in certain cases of scheduled (Part I) pensions (other than pensions specified in paragraphs (l) and (m) of Part I of Schedule).

Section 5

Amount to be reckoned in respect of emoluments.

Section 6

Further increase of 6% in certain cases.

Section 7

Specified date for purposes of sections 3, 4, 5 and 6.

Section 8

Further increase of one-twelfth of 6% in certain cases.

Section 9

Relevant date for purposes of sections 6 and 8.

Section 10

Increase of pensions specified in paragraphs (l) and (m) of Part I of Schedule.

Section 11

Increase of pensions specified in paragraphs (e), (f) and (g) of Part II of Schedule.

Section 12

Increase of widows' pensions and children's allowances specified in Part II of Schedule.

Section 13

Increase of scheduled (Part III) pensions.

Section 14

Increase of scheduled (Part IV) pensions.

Section 15

Increase of scheduled (Part V) pensions.

Section 16

Commencement of increase.

PART III.

1963 Increases.

Section 17

Increase of scheduled (Part I) pensions (other than pensions specified in paragraphs (l) (m) and (n) of Part I of Schedule).

Section 18

Further increase in certain cases of scheduled (Part I) pensions (other than pensions specified in paragraphs (l), (m) and (n) of Part I of Schedule).

Section 19

Amount to be reckoned in respect of emoluments and provision for case of surrender to provide pension for wife or dependant.

Section 20

Specified date for purposes of sections 17, 18 and 19.

Section 21

Increase of pensions specified in paragraphs (e), (f) and (g) of Part II of Schedule.

Section 22

Increase of widows' pensions and children's allowances specified in Part II of Schedule.

Section 23

Increase of scheduled (Part III) pensions.

Section 24

Increase of scheduled (Part IV) pensions.

Section 25

Increase of scheduled (Part V) pensions.

Section 26

Commencement of increase.

PART IV

Miscellaneous.

Section 27

Grant of certain increases.

Section 28

Supplemental provisions.

Section 29

Regulations for increases.

Section 30

Increase of certain pensions granted under schemes.

Section 31

General restriction.

SCHEDULE Acts Referred to Pensions (Increase) Act, 1950 1950, No. 3.

Pensions (Increase) Act, 1956 1956, No. 44.

Pensions (Increase) Act, 1959 1959, No. 43.

Pensions (Increase) Act, 1960 1960, No. 36.

Harbours Act, 1946 1946, No. 9.

Local Government (Superannuation) Act, 1956 1956, No. 10.

Health (Corporate Bodies) Act, 1961 1961, No. 27.

Superannuation Act, 1914 1914, c. 86.

Ministerial and Parliamentary Offices (Amendment) Act, 1960 1960, No. 12.

Garda Síochána Pensions Order, 1955 S.I. No. 115 of 1955 .

Garda Síochána Pensions Order, 1925 S.R. & O., No. 63 of 1925 .

Vocational Education (Amendment) Act, 1947 1947, No. 1.

Garda Síochána Pensions Order, 1957 1957, S.I. No. 231 .

Royal Irish Constabulary (Resigned and Dismissed) Pensions Order, 1924 S.R. & O., No. 9 of 1924 .

Garda Síochana Pensions Order, 1951 1951, S.I. No. 410 .

Police Forces (Amalgamation) Act, 1925 1925, No. 7.

Superannuation Act, 1947 1947, No. 29.

Garda Síochána (Pensions) Act, 1947 1947, No. 41.

Local Government (Superannuation) Act, 1948 1948, No. 4.

Number 10 of 1964.

PENSIONS (INCREASE) ACT, 1964 AN ACT TO PROVIDE FOR THE INCREASE OF CERTAIN PENSIONS PAYABLE IN RESPECT OF PUBLIC SERVICE. [17th June, 1964.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I

Preliminary and General.

Short title.

1.—This Act may be cited as the Pensions (Increase) Act, 1964.

Interpretation.

2.—(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 ; “the Act of 1960” means the Pensions (Increase) Act, 1960 ; “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 ; “local authority” means a local authority for the purposes of the Local Government (Superannuation) Act, 1956 , 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 ; “the Minister” means the Minister for Finance; “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)(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

Part II

Part III

(as may be appropriate) of this Act 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— (i) in relation to

Part II

of this Act, the 1st day of August, 1962, or a later day determined under section 13 or section 15 of this Act (as may be appropriate), or (ii) in relation to

Part III

of this Act the 1st day of November, 1963, or a later day determined under section 23 or section 25 of this Act (as may be appropriate).

(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, subsection (4) of section 1 of the Act of 1959 or subsection (4) of section 1 of the Act of 1960.

(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.

(6)A reference in this Act 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 1958, 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 1963, as a reference to the standard salary less any special increment, within the meaning of those schemes.

PART II

1962 Increases Increase of scheduled (Part I) pensions (other than pensions specified in paragraphs (l) and (m) of Part I of Schedule).

3.—A pension— (a) which is a pension specified in Part I (other than paragraphs (l) and (m)) of the Schedule to this Act, (b) which was in course of payment in whole or in part on the 1st day of August, 1962, and (c) which was granted in respect of service which ended before the specified date, shall be so increased that payments thereof in respect of any period beginning on or after the 1st day of August, 1962, are on the like basis as if on the date of the 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 specified date had first become payable on the date of the retirement.

Further increase in certain cases of scheduled (Part I) pensions (other than pensions specified in paragraphs (l) and (m) of Part I of Schedule).

4.—(1) This section applies to a pension— (a) which was calculated in whole or in part by reference to the average annual amount of salary or weekly pay received over a period which commenced before the specified date, and (b) which is a pension to be increased under section 3 of this Act or which would be increased under that section if the service in respect of which it was granted had ended before the specified date.

(2)A pension to which this section applies shall be so increased that payments thereof in respect of any period beginning on or after the 1st day of August, 1962, 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 subsection.

(3)The average annual amount of salary by reference to which a pension to which this section applies is to be recalculated shall be determined by reference to such rates of salary or weekly pay as the Minister considers appropriate, but not exceeding the rates which first commenced to be paid on the specified date, except that a higher rate may be allowed in respect of any part of the period referred to in paragraph (a) of subsection (1) of this section which falls after the specified date if such higher rate in respect of that part was reckoned in computing the pension to be increased.

Amount to be reckoned in respect of emoluments.

5.—Where emoluments other than salary or weekly pay have been reckoned for a pension which is to be increased under section 3 or section 4 of this Act, or for a pension which, not having been increased under either of those sections, is to be increased under section 6 of this Act, 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 on the specified date, and, if the Minister so determines a revised amount of emoluments in the case of a pension which, not having been increased under either of those sections, is to be increased under section 6 of this Act, the pension shall be recalculated by reference to the revised amount of emoluments before it is so increased.

Further increase of 6% in certain cases.

6.—(1) A pension— (a) which is a pension specified in Part I (other than paragraphs (l) and (m)) of the Schedule to this Act, (b) which was in course of payment in whole or in part on the 1st day of August, 1962, and (c) which was increased under section 3 or section 4 of this Act or which was granted in respect of service which ended before the relevant date, shall, in relation to any period beginning on or after the 1st day of August, 1962, and ending before or on the 31st day of October, 1963, be increased by 6% of the amount of the pension.

(2)The amount of a pension to be increased under this section shall include any increase granted under section 3 or section 4 of this Act.

(3)This section shall not apply to a pension granted in respect of service which ended before the specified date if the amount of the pension payable is not less than the amount that would be payable if the pension were recalculated by reference to sections 3 and 4 of this Act and increased under this section.

Specified date for purposes of sections 3, 4, 5 and 6.

7.—For the purposes of sections 3 , 4 , 5 and 6 of this Act, the specified date is— (i) in case the pension is specified in paragraph (j) or (k) of Part I of the Schedule to this Act, the 1st day of April, 1953, and (ii) in any other case, the 1st day of November, 1955.

Further increase of one-twelfth of 6% in certain cases.

8.—A pension— (a) which was granted in respect of service which ended on or after the relevant date, (b) which was computed in whole or in part by reference to the average amount of salary or weekly pay over a period which commenced not less than three months before the relevant date, (c) which would have been increased under section 6 of this Act if the service had ended before the relevant date, and (d) which is not a pension to be increased under any other provision of this Part of this Act, shall, in relation to any period beginning on or after the 1st day of August, 1962, and ending before or on the 31st day of October, 1963, be increased by one-twelfth of 6% in respect of every period of three months before the relevant date included in the period referred to in paragraph (b) of this section.

Relevant date for purposes of sections 6 and 8.

9.—For the purposes of sections 6 and 8 of this Act the relevant date is— (i) in case the pension is specified in paragraph (b) of Part I of the Schedule to this Act, the 1st day of January, 1960, (ii) in case the pension is specified in paragraph (c) of that Part, the 1st day of February, 1960, (iii) in case the pension is specified in paragraph (e) of that Part, the 1st day of March, 1960, (iv) in case the pension is specified in paragraph (g), (h), (i) or (q) of that Part, the 15th day of December, 1959, (v) in case the pension is specified in paragraph (j) of that Part, the 1st day of January, 1959, (vi) in case the pension is specified in paragraph (n) of that Part, the 1st day of January, 1962.

Increase of pensions specified in paragraphs (l) and (m) of Part I of Schedule.

10.—A pension specified in paragraph (l) or (m) of Part I of the Schedule to this Act shall be increased by 20% of the amount of such pension.

Increase of pensions specified in paragraphs (e), (f) and (g) of Part II of Schedule.

11.—(1) A pension specified in paragraph (e), (f) or (g) of Part II of the Schedule to this Act which is payable to any person on or after the 1st day of August, 1962, shall be so increased that payments thereof in respect of any period beginning on or after the 1st day of August, 1962, are equivalent to the amount determined as provided for by subsection (2), (3) or (4) (as may be appropriate) of this section if that amount is greater than the amount of the pension that would be payable if this section had not been enacted.

(2)In the case of a pension specified in paragraph (e) of Part II of the Schedule to this Act, the amount determined referred to in subsection (1) of this section is the amount of pension that would be payable if the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1960 , had not been passed and increases under the Acts of 1950, 1956 and 1959 were disregarded, subject to an increase of that amount by 30% thereof if the pension is a ministerial pension and 37½% thereof if it is a secretarial pension.

(3)In the case of a pension specified in paragraph (f) of Part II of the Schedule to this Act, the amount determined referred to in subsection (1) of this section is half the amount of the pensioner's husband's pension as determined under subsection (2) of this section (whether or not he was paid such a pension).

(4)In the case of a pension specified in paragraph (g) of Part II of the Schedule to this Act, the amount determined referred to in subsection (1) of this section is an amount of £100, subject to an increase of that amount by 37½% thereof.

Increase of widows' pensions and children's allowances specified in Part II of Schedule· 12.—(1) In this section— “widow's (Scale I) pension” means a pension specified in subparagraph (i) of paragraph (a) of Part II of the Schedule to this Act; “widow's (Scale II) pension” means a pension specified in subparagraph (ii) of paragraph (a) of that Part.

(2)A widow's (Scale I) pension or a widow's (Scale II) pension shall 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 this Act, 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 20% thereof; (b) in case the pension (whether a widow's (Scale I) pension or a widow's (Scale II) pension) was granted in respect of service which ended before the 1st day of November, 1955—the amount of the widow's (Scale II) pension that 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 November, 1955, had first become payable on the day of retirement, subject to an increase of that amount by 6% thereof; (c) in case the pension is a widow's (Scale II) pension which was granted in respect of service which ended on or after the 1st day of November, 1955, and before the 1st day of March, 1960, the amount of such pension subject to an increase of that amount by 6% thereof; (d) in any case—£98 per annum.

(3)A child's allowance referred to in paragraph (c) of Part II of the Schedule to this Act shall be increased to the greater of the following: (a) the amount of the allowance which, immediately before the passing of this Act, would have been payable under the provisions then in force, subject to an increase of that amount by 20% thereof; (b) £34 per annum or, 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 , or in subparagraph 2 of paragraph C in Part II of the First Schedule to the Garda Síochána Pensions Order, 1925 , as amended by Article 10 of the Garda Síochána Pensions Order, 1955 , is applicable, £65 per annum.

(4)(a) A child's allowance specified in paragraph (d) of Part II of the Schedule to this Act which was granted in respect of service which ended before the 1st day of November, 1955, shall be increased to the amount of such allowance as would be payable if the child's father 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, 1955, had first become payable on the date of retirement, and if the amount of the child's allowance so increased were further increased by 6%. (b) A child's allowance specified in paragraph (d) 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, 1955, and before the 1st day of March, 1960, shall be increased by 6%.

(5)(a) Where a pension or allowance payable to a widow or child of a member of the Garda Síochána or of the Dublin Metropolitan Police was calculated as a proportion of the average annual pay received by the member during a period which commenced before the 1st day of November, 1955, the pension or allowance shall be increased by recalculating it by reference to a revised average annual salary computed 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 November, 1955, except in so far as a higher rate or rates of annual pay was or were reckoned in respect of any period of the member's service after that day in computing the pension to be increased. (b) The amount of a pension or allowance increased under the foregoing paragraph shall be further increased by 6%. (c) A pension— (i) which is payable to a widow or a child of a member of the Garda Síochána, (ii) which was granted in respect of service which ended after the 1st day of March, 1960, (iii) which was calculated as a proportion of the average annual pay received by such member during a period which commenced not less than three months before the 1st day of March, 1960, (iv) which would have been increased under this section if the service had ended before the 1st day of March, 1960, and (v) is not a pension to be increased under any other provision of this Act, shall be increased by one-twelfth of 6% in respect of every period of three months before the 1st day of March, 1960, included in the period referred to in subparagraph (iii) of this paragraph.

(6)A pension specified in paragraph (b) of Part II of the Schedule to this Act shall be increased to the amount obtained by adding to it 20% of its amount or to the amount of £98, whichever is the greater.

Increase of scheduled (Part III) pensions.

13.—(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, 1962, 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 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)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 for Local Government 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 for Local Government.

(4)On an appeal under this section, 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 , 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.

Increase of scheduled (Part IV) pensions.

14.—(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, 1962, 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 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.

Increase of scheduled (Part V) pensions.

15.—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, 1962, 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.

Commencement of increase.

16.—An increase under this Part of this Act shall, save as otherwise provided by this Part of this Act, 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 subsection (1) of section 13 of this Act, 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 section 15 of this Act, whichever is the later, (c) in any other case—the date of the commencement of the pension or the 1st day of August, 1962, whichever is the later.

PART III.

1963 Increases.

Increase of scheduled (Part I) pensions (other than pensions specified in paragraphs (l) (m) and (n) of Part I of Schedule).

17.—(1) A pension— (a) which is a pension specified in Part I (other than paragraphs (l), (m) and (n)) of the Schedule to this Act, (b) which was in course of payment in whole or in part on the 1st day of November, 1963, and (c) which was granted in respect of service which ended before the specified date, shall be so increased that payments thereof in respect of any period beginning on or after the 1st day of November, 1963, are on the like basis as if on the date of the 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 specified date had first become payable on the date of the retirement.

(2)An increase under this section shall, in the case of a pension increased under section 6 of this Act, not be less than the increase under that section.

Further increase in certain cases of scheduled (Part I) pensions (other than pensions specified in paragraphs (l), (m) and (n) of Part I of Schedule).

18.—(1) This section applies to a pension— (a) which was calculated in whole or in part by reference to the average annual amount of salary or weekly pay received over a period which commenced before the specified date, and (b) which is a pension to be increased under section 17 of this Act or which would be increased under that section if the service in respect of which it was granted had ended before the specified date.

(2)A pension to which this section applies shall be so increased that payments thereof in respect of any period beginning on or after the 1st day of November, 1963, 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 subsection.

(4)An increase under this section shall, in the case of a pension increased under section 6 of this Act, not be less than the increase under that section.

Amount to be reckoned in respect of emoluments and provision for case of surrender to provide pension for wife or dependant.

19.—(1) Where emoluments other than salary or weekly pay have been reckoned for a pension which— (a) is to be increased under section 17 or section 18 of this Act, or (b) is a pension granted in respect of service which ended within the period of three years commencing on the specified date which would have been increased under section 17 of this Act if the service in respect of which it was granted had ended before the specified date, 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 on the specified date, and, if the Minister so determines, the pension shall be recalculated by reference to the revised amount of the emoluments.

(2)Where a person has surrendered part of a pension referred to in section 17 or section 18 of this Act 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 November, 1963, and had been increased as from that date under section 17 , section 18 or section 19 (as may be appropriate) of this Act.

Specified date for purposes of sections 17, 18 and 19.

20.—For the purposes of sections 17 , 18 , and 19 of this Act, the specified date is— (i) in case the pension is specified in paragraph (a) or (b) of Part I of the Schedule to this Act, the 1st day of January, 1960, (ii) in case the pension is specified in paragraph (c) of that Part, the 1st day of February, 1960, (iii) in case the pension is specified in paragraph (d), (e) or (f) of that Part, the 1st day of March, 1960, (iv) in case the pension is specified in paragraph (g), (h), (i), (o), (p) or (q) of that Part, the 15th day of December, 1959, (v) in case the pension is specified in paragraph (j) or (k) of that Part, the 1st day of January, 1959.

Increase of pensions specified in paragraphs (e), (f) and (g) of Part II of Schedule.

21.—(1) A pension specified in paragraph (e), (f) or (g) of Part II of the Schedule to this Act which is payable to any person on or after the 1st day of November, 1963, shall be so increased that payments thereof in respect of any period beginning on or after the 1st day of November, 1963, are equivalent to the amount determined as provided for by subsection (2), (3) or (4) (as may be appropriate) of this section if that amount is greater than the amount of the pension that would be payable if this section had not been enacted.

Part II

of this Act were disregarded, subject to an increase of that amount by 64% thereof if the pension is a ministerial pension and 66⅔% thereof if it is a secretarial pension.

Increase of widows' pensions and children's allowances specified in Part II of Schedule.

22.—(1) In this section— “widow's (Scale I) pension” means a pension specified in subparagraph (i) of paragraph (a) of Part II of the Schedule to this Act; “widow's (Scale II) pension” means a pension specified in subparagraph (ii) of paragraph (a) of that Part.

(2)A widow's (Scale I) pension or a widow's (Scale II) pension shall 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 this Act, 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 26% thereof; (b) in case the pension (whether a widow's (Scale I) pension or a widow's (Scale II) pension) was granted in respect of service which ended before the 1st day of November, 1955—the amount of the widow's (Scale II) pension that 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 March, 1960, had first become payable on the day of retirement; (c) in any case—£111 per annum.

(3)A child's allowance referred to in paragraph (c) of Part II of the Schedule to this Act shall be increased to the greater of the following: (a) the amount of the allowance which, immediately before the passing of this Act, would have been payable under the provisions then in force, subject to an increase of that amount by 26% thereof; (b) £34 per annum or, 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 , or in subparagraph 2 of paragraph C in Part II of the First Schedule to the Garda Síochána Pensions Order, 1925 , as amended by Article 10 of the Garda Síochána Pensions Order, 1955 , is applicable, £65 per annum.

(4)A child's allowance specified in paragraph (d) of Part II of the Schedule to this Act which was granted in respect of service which ended before the 1st day of March, 1960, shall be increased to the amount of such allowance as would be payable if the child's father 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 March, 1960, had first become payable on the date of retirement.

(5)Where a pension or allowance payable to a widow or child of a member of the Garda Síochána or of the Dublin Metropolitan Police was calculated as a proportion of the average annual pay received by the member during a period which commenced before the 1st day of March, 1960, the pension or allowance shall be increased by recalculating it by reference to a revised average annual salary computed 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 March, 1960, except in so far as a higher rate or rates of annual pay was or were reckoned in respect of any period of the member's service after that day in computing the pension to be increased.

(6)A pension specified in paragraph (b) of Part II of the Schedule to this Act shall be increased to— (a) an amount of £111, or (b) the amount which, immediately before the passing of this Act, would have been payable under the provisions then in force, subject to an increase of that amount by 26% thereof, whichever is the greater.

Increase of scheduled (Part III) pensions.

23.—(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 November, 1963, 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 an approval which is applicable to the pension and which has been given by that Minister in respect of a class of such pensions.

(4)On an appeal under this section, 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.

Increase of scheduled (Part IV) pensions.

24.—(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 November, 1963, 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 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.

Increase of scheduled (Part V) pensions.

25.—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 November, 1963, 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.

Commencement of increase.

26.—An increase under this Part of this Act shall, save as otherwise provided by this Part of this Act, 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 subsection (1) of section 23 of this Act, 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 section 25 of this Act, whichever is the later, (c) in any other case—the date of the commencement of the pension or the 1st day of November, 1963, whichever is the later.

PART IV.

Miscellaneous.

Grant of certain increases.

27.—An increase under this Act of a pension, not being a scheduled (Part III) pension, a scheduled (Part IV) pension or a scheduled (Part V) pension, shall be granted by— (a) in the case of a pension specified in paragraph (a), (b) or (c) of Part I of the Schedule to this Act, the Minister for Education, (b) in the case of a pension specified in paragraph (d) or (e) of Part I of the Schedule to this Act or in paragraph (a), (c) or (d) of Part II of that Schedule, the Minister for Justice, (c) in the case of a pension in respect of service which ended in the Department of Posts and Telegraphs specified in Part I of the Schedule to this Act, the Minister for Posts and Telegraphs, and (d) in any other case, the Minister.

Supplemental provisions.

28.—(1) Subject to the provisions of this Act, every provision, being a provision which was made by or under statute and which applied in relation to a pension increased under this Act or under a scheme made by virtue of this Act before such increase, shall apply to the pension as so increased, including, in particular, every such provision with respect to the fund, moneys or other source out of which the pension is to be paid or with respect to the manner in which the cost of the pension is to be borne, defrayed or contributed to.

(2)(a) Any provision made by or under statute and affecting suspension or abatement of a pension increasable under this Act shall, with effect from (and inclusive of) the relevant day, apply in relation to the increased pension as follows: (i) in case the pension has been increased by recalculating it by reference to rates of salary or other remuneration which first commenced to be paid on a specified date subsequent to the date of retirement, as if such rates of salary or other remuneration had first commenced to be paid on the date of retirement, (ii) in case the pension has been altered by the addition of a specified sum, as if such specified sum were added to the salary or other remuneration (as determined under the foregoing paragraph or otherwise) by reference to which the pension is to be suspended. (b) In the foregoing paragraph “the relevant day” means— (i) in relation to

Part II

of this Act, the 1st day of August, 1962, or a later day determined under section 13 or of section 15 of this Act (as may be appropriate), or (ii) in relation to

Part III

of this Act, the 1st day of November, 1963, or a later day determined under section 23 or section 25 of this Act (as may be appropriate).

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

(4)(a) Where a person has been granted a pension specified in paragraph (f) of Part I of the Schedule to this Act and also another pension payable out of moneys provided by the Oireachtas, subarticle (b) of Article (5) of the Royal Irish Constabulary (Resigned and Dismissed) Pensions Order, 1924 , shall have effect in relation to him with such modifications (if any) as the Minister considers proper. (b) Where a person has been granted a pension specified in paragraph (e) of Part I of the Schedule to this Act and also another pension payable out of moneys provided by the Oireachtas, Table III in the Garda Síochana Pensions Order, 1951 , shall, with effect as from the 1st day of August, 1959, have effect in relation to him with such modifications (if any) as the Minister considers proper.

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

(6)(a) Where a pension to which this subsection applies is to be increased by recalculating it by reference to rates of salary or other remuneration which first commenced to be paid on a particular date, the rates of salary or other remuneration by reference to which the pension is to be recalculated shall be determined by the Minister— (i) in case the pension is a pension specified in subparagraph (i) of the next paragraph, by reference to the rates of salary or weekly pay which first commenced to be paid on the particular date to members of the Garda Síochána, and (ii) in case the pension is a pension specified in subparagraph (ii) of the next paragraph, by reference to such of the rates of salary or other remuneration which first commenced to be paid to civil servants on the particular date as the Minister deems to be appropriate. (b) This subsection applies to— (i) any pension which is payable in respect of service in the Royal Irish Constabulary, or in respect of service in the Dublin Metropolitan Police by a person whose service in the Dublin Metropolitan Police ended before the commencement of the Police Forces (Amalgamation) Act, 1925 , (ii) any pension specified in paragraph (o) of Part I of the Schedule to this Act.

(7)(a) Save as otherwise provided by this Act, where an increase in a scheduled pension granted pursuant to the provisions of the Pensions (Increase) Act, 1920 , the Superannuation Act, 1947 , the Garda Síochána (Pensions) Act, 1947 , section 79 of the Local Government (Superannuation) Act, 1948 , the Act of 1950, the Act of 1956, the Act of 1959 or the Act of 1960 was in course of payment on the relevant day, the amount of such pension which may be increased under this Act shall be the amount of pension payable as on the relevant day. (b) In the foregoing paragraph “the relevant day” means— (i) in relation to

Part II

of this Act, the 1st day of August, 1962, or a later day determined under section 13 or section 15 of this Act (as may be appropriate), or (ii) in relation to

Part III

of this Act, the 1st day of November, 1963, or a later day determined under section 23 or section 25 of this Act (as may be appropriate).

(8)Where the normal amount of a pension as increased by this Act consists of a whole number of shillings and a part of a shilling, the pension shall be— (a) in case the part of a shilling is less than sixpence, the whole number of shillings, and (b) in case the part of a shilling is sixpence or more, the whole number plus one of shillings.

(9)Every doubt, question or dispute arising under this Act in relation to a scheduled (Part I) pension or a scheduled (Part II) pension shall be decided by the Minister, whose decision thereon shall be final and conclusive.

Regulations for increases.

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

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

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

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

Increase of certain pensions granted under schemes.

30.—(1) (a) Any provision in any Act of the Oireachtas or of the Oireachtas of Saorstát Éireann enabling a board or other body to make a scheme for the grant of pensions to its employees shall be construed as enabling the board or body to make, from time to time, with the approval of the Minister and of the appropriate Minister, schemes for the increase of pensions payable to persons who have retired from the service of the board or body, and any such increase may have effect from a date before the making of the scheme which provides for the increase. (b) In the foregoing paragraph “the appropriate Minister” refers to such Minister as was required by the relevant statutory provision to approve of schemes made under such provision.

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

General restriction.

31.—Nothing in this Act or any regulations made thereunder shall be construed as authorising an increase in— (a) any compensation payable under Article 10 of the Treaty of 1921, (b) any allowance or payment not being a scheduled pension or a pension referred to in section 30 of this Act, or (c) any gratuity.

SCHEDULE Scheduled Pensions

Part I

(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 1958. (c) A pension granted under the Secondary Teachers' Superannuation Schemes, 1929 to 1963. (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 , not being a pension granted under the Dublin Metropolitan Police Pensions Orders, 1922 and 1924, or those orders as varied by the Garda Síochána Pensions Orders, 1925 to 1957, to or in respect of a person who became a member of the amalgamated force under the Police Forces Amalgamation Act, 1925 . (e) 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, 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) Pension Orders, 1924, 1929, 1936 and 1949, not being a widow's pension. (g) An annual allowance granted under the Superannuation Acts, 1834 to 1963. (h) An annual allowance granted under a warrant made under section 1 of the Superannuation Act, 1887 . (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 . (j) A pension granted under the Courts of Justice Acts, 1924 to 1961. (k) A pension granted under the Comptroller and Auditor General Act, 1923 , and the Comptroller and Auditor General (Amendment) Act, 1944 . (l) A pension granted under the Griffith Settlement Act, 1923 . (m) A pension granted under the Executive Powers (Consequential Provisions) Act, 1937 . (n) A pension granted 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 . (q) A pension granted under section 4 of the Court Officers Act, 1945 .

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 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) 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 Article 7 or Article 10 of the Garda Síochána Pensions Order, 1955 ( S.I. No. 115 of 1955 ). (d) 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 subparagraph 1 of 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. (e) A ministerial or secretarial pension granted whether before or after the passing of this Act under the Ministerial and Parliamentary Offices Acts, 1938 to 1960. (f) A widow's pension granted whether before or after the passing of this Act under the Ministerial and Parliamentary Offices Acts, 1938 to 1960. (g) A widow's pension granted whether before or after the passing of this Act under the Ministerial and Parliamentary Offices (Amendment) Act, 1949.

Part III.

A pension or allowance which was granted by a local authority, being— (i) a pension or allowance which was granted in respect of service which ended before the 15th December, 1959, or, where in the opinion of the Minister for Local Government 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 4th April, 1960, determined by the local 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 15th December, 1959, or, where in the opinion of the Minister for Local Government 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 4th April, 1960, determined by the local authority with the consent of that Minister.

Part IV.

A pension or allowance which was granted by a harbour authority, being— (i) a pension or allowance which was granted in respect of service which ended before the 1st July, 1959, 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 9th November, 1960, 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 July, 1959, 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 9th November, 1960, determined by the harbour authority with the consent of that Minister.

Part V.

A pension or allowance payable under a provision contained in an Act of the Oireachtas or of the Oireachtas of Saorstát Éireann in respect of services under a board or other body established by any such Act (not being a local authority).

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