Pensions (Increase) Act, 1964
In short
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."
What it regulates
- 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 it concerns
- Individuals receiving pensions or allowances specified in the Act's Schedule.
- The Minister for Finance, who is responsible for determining certain rates and regulations.
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.
Legal text
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 a
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 ,
Article 10of the Garda Síochána Pensions Order, 1955 , is applicable, £65 per annum.
- 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%.
- 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.
- 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.—
- 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.
- 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.
- 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.
- 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.—
- 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
- 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.
- 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.
- 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,
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 ,
Article 10of the Garda Síochána Pensions Order, 1955 , is applicable, £65 per annum.
- 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.—
- 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.—
- 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).
- 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
- 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.
- 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.
- 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).
- 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.
- 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.
- 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 ,
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,
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 ),
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,
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 ,
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,
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 ),
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). Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais