Pensions (Increase) Act, 1959
What is this act about?
This law, the Pensions (Increase) Act, 1959, is about increasing certain pensions that are paid for public service. It details how these increases are to be calculated and applied to different types of pensions.
Who it applies to: Recipients of "scheduled pensions" (pensions or allowances specified in the Schedule to this Act); Recipients of pensions specified in the Schedule to the Pensions (Increase) Act, 1956.
At a glance
- Country
- Ireland
- Area of law
- Social security
- Articles
- 12
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- Increases for pensions listed in Part I of the Schedule to this Act.
- Increases for certain pensions specified in Part I of the Schedule to the Pensions (Increase) Act, 1956.
- Increases for pensions listed in Part II of the Schedule to this Act.
- Amendments to the Pensions (Increase) Act, 1956, regarding pension calculations.
Who does this act apply to?
- Recipients of "scheduled pensions" (pensions or allowances specified in the Schedule to this Act).
- Recipients of pensions specified in the Schedule to the Pensions (Increase) Act, 1956.
What are the key points?
- A Scheduled (Part I) pension shall be increased by 6 per cent. of the amount of the pension.
- Certain pensions specified in Part I of the Schedule to the Act of 1956 shall be increased by 4 per cent. of the amount of the pension, or a calculated difference, whichever is less.
- A Scheduled (Part II) pension (with some exceptions) shall be increased by 6 per cent. of the amount of the pension.
- Certain Scheduled (Part II) pensions not increased under the 6% rule shall be increased by 4 per cent. of the amount of the pension, or a calculated difference, whichever is less.
Social security
Legal text
Legal text
Pensions (Increase) Act, 1959 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 1959 Pensions (Increase) Act, 1959 Pensions (Increase) Act, 1959 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 43 of 1959.
PENSIONS (INCREASE) ACT, 1959.
ARRANGEMENT OF SECTIONS Section
Section 1
Interpretation.
Section 2
Amendments of the Act of 1956.
Section 3
Increase of scheduled (Part I) pensions and certain pensions specified in Part I of Schedule to Act of 1956.
Section 4
Increase of scheduled (Part II) pensions.
Section 5
Increase of Scheduled (Part III) pensions.
Section 6
Increase of scheduled (Part IV) pensions.
Section 7
Special provisions for certain pensions.
Section 8
Commencement of increase.
Section 9
Grant of certain increase.
Section 10
Supplemental provisions.
Section 11
General restriction.
Section 12
Short title.
SCHEDULE Scheduled Pensions.
Part I.
Acts Referred to Pensions (Increase) Act, 1950 1950, No. 3 Pensions (Increase) Act, 1956 1956, No. 44 Harbours Act, 1946 1946, No. 9 Mental Treatment Act, 1945 1945, No. 19 Police Forces Amalgamation Act, 1925 1925, No. 7 Vocational Education (Amendment) Act, 1947 1947, No. 1 Superannuation Act, 1947 1947, No. 29 Garda Síochána (Pensions) Act, 1947 1947, No. 41 Local Government (Superannuation) Act, 1948 1948, No. 4 Seventh Schedule to the Social Welfare Act, 1952 1952, No. 11 Courts of Justice Act, 1924 1924, No. 10 Courts of Justice Act, 1936 1936, No. 48 Courts of Justice Act, 1947 1947, No. 20 Griffith Settlement Act, 1923 1923, No. 5 Executive Powers (Consequential Provisions) Act, 1937 1937, No. 20 Clerk of Seanad Éireann (Compensation) Act, 1939 1939, No. 16 Court Officers Act, 1945 1945, No. 25 Local Government Act, 1936 1936, No. 46 Number 43 of 1959.
PENSIONS (INCREASE) ACT, 1959.
AN ACT TO PROVIDE FOB THE INCREASE OF CERTAIN PENSIONS PAYABLE IN RESPECT OF PUBLIC SERVICE. [22nd December, 1959.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— Interpretation.
1.—(1) In this Act— “the Act of 1950” means the Pensions (Increase) Act, 1950 ; “the Act of 1956” means the Pensions (Increase) Act, 1956 ; “harbour authority” means a harbour authority within the meaning of the Harbours Act, 1946 ; “local authority” means any of the following bodies : (a) a local authority for the purposes of the Local Government Acts, 1925 to 1959, (b) a vocational education committee, (c) a committee of agriculture, (d) a school attendance committee, (e) the Dublin Fever Hospital Board, (f) the former Cork Fever Hospital Board ; “mental hospital authority” means a mental hospital authority within the meaning of the Mental Treatment Act, 1945 ; “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.
Amendments of the Act of 1956.
2.—(1) Subsection (4) of section 3 of the Act of 1956 is hereby amended, with effect as on and from the 1st day of August, 1959, by the deletion of all words after “in excess of£500 per annum” and the substitution therefor of “the scheduled (Part I) pension shall, in case it is less than the pension that would have been payable if that arrangement had not applied, first be increased by the deficiency, before it is increased by the amount appropriate in accordance with subsection (1) of this section.”
Increase of scheduled (Part I) pensions and certain pensions specified in Part I of Schedule to Act of 1956.
3.—(1) A Scheduled (Part I) pension shall be increased by 6 per cent. of the amount of the pension.
Increase of scheduled (Part II) pensions.
4.—(1) (a) A scheduled (Part II) pension (excepting a pension specified in paragraph (b) of this subsection) shall be increased by 6 per cent. of the amount of the pension, (b) The pension excepted from paragraph (a) of this subsection is any pension specified in subparagraph (ii) of paragraph (a) of Part II of the Schedule to this Act which was granted in respect of service which ended on or after the 1st day of November, 1948, and which is not— (i) a pension increased pursuant to subsection (3) of section 4 of the Act of 1956, or (ii) a pension increased by the difference referred to in subparagraph (ii) of paragraph (a) of subsection (2) of section 4 of the Act of 1956 in a case in which the amount of such pension as would be payable in respect of a member of the Garda Síochána of equivalent status and service whose service ended on the 1st day of November, 1952, fell to be calculated by reference to subsection (3) of that section.
Increase of Scheduled (Part III) pensions.
5.—(1) The local authority who granted a pension specified in paragraph (a) of Part III of the Schedule to this Act may grant one increase (and no more) of the pension, and the increase shall be an increase to such extent as may be sanctioned by the Minister, or is in accordance with an approval which is applicable to the pension and which has been given by the Minister in respect of a class of such pensions.
Increase of scheduled (Part IV) pensions.
6.—The harbour authority who granted a scheduled (Part IV) pension may, within twelve months after the passing of this Act, grant one increase (and no more) of the pension, and the increase shall be an increase to such extent as may be sanctioned by the Minister for Transport and Power, or is in accordance with an approval which is applicable to the pension and which has been given by that Minister in respect of a class of such pensions.
Special provisions for certain pensions.
7.—(1) Where a pension to which this subsection applies— (a) was granted in respect of service which ended on or after the relevant day, (b) was computed in whole or in part by reference to the average annual amount of salary or weekly rate of pay over a period which commenced not less than three months before the relevant day, (c) would have been increased under subsection (1) of section 3 of this Act if the service had ended before the relevant day, and (d) is a pension to be increased under subparagraph (I) of paragraph (a) of subsection (2) of section 3 of this Act, the following provisions shall have effect : (i) the pension shall be increased by one-twelfth of 6 per cent. of the amount of the pension in respect of every period of three months before the relevant day included in the period referred to in paragraph (b) of this subsection, and (ii) the increase of 4 per cent. in the amount of the pension under subsection (2) of section 3 of this Act shall be reduced by one-twelfth in respect of every such period of three months.
Commencement of increase.
8.—An increase under this Act shall, save as otherwise provided by this Act, have effect from (and inclusive of) the day of the commencement of the pension or the 1st day of August, 1959, whichever is the later.
Grant of certain increases.
9.—An increase under this Act of a pension, not being a scheduled (Part III) pension or a scheduled (Part IV) pension, shall be granted by— (a) in the case of a pension specified in paragraph (a), (b) or (c) in Part I of the Schedule to this Act, specified in paragraph (a) or (b) of subsection (2) of section 7 of this Act, or specified in paragraph (a), (b) or (c) of the Schedule to the Act of 1956, 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) of Part II of that Schedule, specified in paragraph (c) of subsection (2) of section 7 of this Act, or specified in paragraph (d) or (e) of Part I of the Schedule to the Act of 1956 or in paragraph (a) 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, specified in subsection (2) of section 7 of this Act, or specified in Part I of the Schedule to the Act of 1956, the Minister for Posts and Telegraphs, and (d) in any other case, the Minister for Finance.
Supplemental provisions.
10.—(1) Subject to the provisions of this Act, every provision being a provision which was made by or under statute and which applied in relation to a pension increased under this Act before such increase, shall apply to the pension as so increased, including, in particular, every such provision with respect to the fund, moneys or other source out of which the pension is to be paid or with respect to the manner in which the cost of the pension is to be borne, defrayed or contributed to.
General restriction.
11.—Nothing in this Act shall be construed as authorising an increase in— (a) any compensation payable under Article 10 of the Treaty of 1921, (b) any allowance or payment not being a scheduled pension, a pension referred to in section 7 of this Act or a pension specified in the Schedule to the Act of 1956, or (c) any gratuity.
Short title.
12.—This Act may be cited as the Pensions (Increase) Act, 1959.
SCHEDULE.
Scheduled Pensions.
Section 1
.
Part I.
A pension or allowance which was in course of payment in whole or in part on the 1st day of August, 1959, and which was— (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, in respect of service which ended before the 1st day of January, 1950, (c) a pension granted under the Secondary Teachers' Superannuation Schemes, 1929 to 1956, in respect of service which ended before the 1st day of January, 1950, (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, in respect of service which ended before the 1st day of November, 1948, 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) Pensions Orders, 1924, 1929, 1936 and 1949, not being a widow's pension, (g) an annual allowance granted under the Superannuation Acts, 1834 to 1956, in respect of service which ended before— (i) in case it was remunerated at the rate of £350 a year or less on the 28th day of May, 1948—the 29th day of May, 1948, or (ii) in any other case—the 1st day of November, 1948, (h) an annual allowance granted under a warrant made under section 1 of the Superannuation Act, 1887 , in respect of service which ended before the 1st day of November, 1948, (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 , in respect of service which ended before the 1st day of November, 1948, (j) a pension granted under the Courts of Justice Act, 1924 , the Courts of Justice Act, 1936 , and the
Courts of Justice Act, 1947 , in respect of service which ended before the 1st day of April, 1947, (k) a pension granted under the Griffith Settlement Act, 1923 , (l) a pension granted under the Executive Powers (Consequential Provisions) Act, 1937 , (m) a pension granted in respect of service which ended before the 1st day of January, 1949, 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, (n) a pension granted by the former National Health Insurance Society to a person under the superannuation arrangements approved of by that Society in respect of service which ended before the 1st day of November, 1948, (o) a compensation allowance payable under the Clerk of Seanad Éireann (Compensation) Act, 1939 , or (p) a pension granted under section 4 of the Court Officers Act, 1945 , in respect of service which ended before the 1st day of November, 1948.
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.R. & O., 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 widow's pension or child's allowance granted whether before or after the passing of this Act under the Ministerial and Parliamentary Offices Acts, 1938 to 1952.
PART III.
(a) A pension or allowance which was granted by a local authority and which was in course of payment in whole or in part on the 1st day of August, 1959, being— (i) a pension or allowance which was granted in respect of service which ended before the 1st day of November, 1952, or, where in the opinion of the Minister special circumstances existed in relation to any class or classes of officers or servants of a local authority and the pension or allowance is in relation to a member of that class or one of those classes, which ended before the day determined by the local authority pursuant to subparagraph (i) of paragraph (a) of Part III of the Schedule to the Act of 1956, or (ii) a pension or allowance which was computed in whole or in part by reference to the average annual amount of pensionable remuneration over a period which commenced not less than three months before the 1st day of November, 1952, or, where in the opinion of the Minister special circumstances existed in relation to any class or classes of officers or servants of a local authority and the pension or allowance is in relation to a member of that class or one of those classes, which commenced not less than three months before the day determined by the local authority pursuant to subparagraph (ii) of paragraph (a) of Part III of the Schedule to the Act of 1956. (b) A pension which is payable by the Minister for Local Government by virtue of subsection (9) of section 5 of the Local Government Act, 1936 , or by virtue of section 70 (A) of the Dublin Corporation Act, 1890, and section 66 of the Local Government (Ireland) Act, 1898, and which was in course of payment in whole or in part on the 1st day of August, 1959.
PART IV.
A pension or allowance which was granted by a harbour authority and which was in course of payment in whole or in part on the 1st day of August, 1959, being— (i) a pension or allowance which was granted in respect of service which ended before the 1st day of November, 1952, 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 the day determined by the harbour authority pursuant to paragraph (i) of Part IV of the Schedule to the Act of 1956, or (ii) a pension or allowance which was computed in whole or in part by reference to the average annual amount of pensionable remuneration over a period which commenced not less than three months before the 1st day of November, 1952, 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 the day determined by the harbour authority pursuant to paragraph (ii) of Part IV of the Schedule to the Act of 1956.
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