Pensions (Increase) Act, 1950
What is this act about?
This law provides for the increase of certain pensions paid in respect of public service. It outlines how different types of scheduled pensions are to be increased.
Who it applies to: Individuals receiving pensions in respect of public service; Local authorities and harbour authorities responsible for granting certain pensions.
At a glance
- Country
- Ireland
- Area of law
- Social security
- Articles
- 18
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- The definition of "appropriate sum" for pension increases.
- The methods for increasing various categories of scheduled pensions (Part I, II, III, IV, and V).
- Provisions for individuals receiving more than one pension.
- The process for appealing decisions regarding pension increases by local authorities or harbour authorities.
Who does this act apply to?
- Individuals receiving pensions in respect of public service.
- Local authorities and harbour authorities responsible for granting certain pensions.
What are the key points?
- The "appropriate sum" for increasing a pension varies based on the pension amount, ranging from 50% for pensions not exceeding £100 a year to an amount sufficient to bring pensions over £346 3s. 1d. a year to £450 a year.
- Scheduled (Part I) and (Part II) pensions are generally increased by the "appropriate sum," with specific rules for "restricted pensions" in Part I.
- Scheduled (Part III) pensions are increased to a specific amount, which is the lesser of two calculations involving cost-of-living index figures (185 or 270) and the "appropriate sum."
- Local authorities and harbour authorities may grant one increase to scheduled (Part IV) and (Part V) pensions, respectively, within twelve months after the passing of this Act, subject to ministerial sanction or regulations.
- If a person has more than one pension, the total payments from increases under this Act cannot bring the aggregate of the pensions to more than £450 a year.
Social security
Legal text
Legal text
Pensions (Increase) Act, 1950 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 1950 Pensions (Increase) Act, 1950 Pensions (Increase) Act, 1950 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 3 of 1950.
PENSIONS (INCREASE) ACT, 1950.
ARRANGEMENT OF SECTIONS Section
Section 1
Interpretation.
Section 2
Appropriate sum.
Section 3
Increase of scheduled (Part I) pension.
Section 4
Increase of scheduled (Part II) pension.
Section 5
Increase of scheduled (Part III) pension.
Section 6
Increase of scheduled (Part IV) pension.
Section 7
Increase of scheduled (Part V) pension.
Section 8
Person having more than one pension.
Section 9
Commencement of increase.
Section 10
Pension increased under Pensions (Increase) Act, 1920.
Section 11
Application of certain provisions.
Section 12
Grant of increase by Minister.
Section 13
Modification of Royal Irish Constabulary (Resigned and Dismissed) Pensions Order, 1924.
Section 14
Special provision where certain compensation has been awarded.
Section 15
Determination of disputed matters by Minister for Finance.
Section 16
Increase of certain pensions payable by Electricity Supply Board.
Section 17
General restriction.
Section 18
Short title.
SCHEDULE.
Scheduled Pensions.
Acts Referred to Harbours Act, 1946 No. 9 of 1946 Mental Treatment Act, 1945 No. 19 of 1945 Police Forces Amalgamation Act, 1925 No. 7 of 1925 Local Government (Superannuation) Act, 1948 No. 4 of 1948 Electricity (Supply) Act, 1927 No. 27 of 1927 Local Government Act, 1925 No. 5 of 1925 Superannuation Act, 1947 No. 29 of 1947 Garda Síochána (Pensions) Act, 1947 No. 41 of 1947 Number 3 of 1950.
PENSIONS (INCREASE) ACT, 1950.
AN ACT TO PROVIDE FOR THE INCREASE OF CERTAIN PENSIONS PAYABLE IN RESPECT OF PUBLIC SERVICE. [15th March, 1950.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— Interpretation.
1.—(1) In this Act— the expression “the appropriate sum” has the meaning appropriate in accordance with section 2 of this Act; the expression “harbour authority” means a harbour authority within the meaning of the Harbours Act, 1946 (No. 9 of 1946); the expression “local authority” means any of the following bodies:— (a) a local authority for the purposes of the Local Government Acts, 1925 to 1946, (b) a vocational education committee, (c) a committee of agriculture, (d) a school attendance committee, (e) the Dublin Fever Hospital Board, (f) the Cork Fever Hospital Board; the expression “mental hospital authority” means a mental hospital authority within the meaning of the Mental Treatment Act, 1945 (No. 19 of 1945); the expression “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.
Appropriate sum.
2.—(1) Subject to subsection (2) of this section, for the purposes of this Act the appropriate sum in relation to a scheduled pension shall be— (a) where the amount of the pension does not exceed £100 a year, 50 per cent. of the amount of the pension, (b) where the amount of the pension exceeds £100 a year but does not exceed £125 a year, £50 a year, (c) where the amount of the pension exceeds £125 a year but does not exceed £150 a year, 40 per cent. of the amount of the pension, (d) where the amount of the pension exceeds £150 a year but does not exceed £200 a year, £60 a year, (e) where the amount of the pension exceeds £200 a year but does not exceed £346 3s. 1d. a year, 30 per cent. of the amount of the pension, (f) where the amount of the pension exceeds £346 3s. 1d. a year, sufficient to bring the amount of the pension to £450 a year.
Increase of scheduled (Part I) pension.
3.—(1) A scheduled (Part I) pension shall be increased— (a) in the case of a restricted pension, to the lesser amount, and (b) in any other case, by the appropriate sum.
Increase of scheduled (Part II) pension.
4.—A scheduled (Part II) pension shall be increased by the appropriate sum.
Increase of scheduled (Part III) pension.
5.—(1) A scheduled (Part III) pension which is less than the amount specified in subsection (2) of this section shall be increased to that amount.
Increase of scheduled (Part IV) pension.
6.—(1) The local 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, 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 V) pension.
7.—(1) The harbour authority who granted a scheduled (Part V) pension may, within twelve months after the passing of this Act, grant one increase (and no more) of the pension.
Person having more than one pension.
8.—(1) Where a person has been granted more than one pension— (a) no payments shall be made at any time in respect of an increase granted to such person under this Act if such payments would bring the aggregate of the pensions to more than £450 a year, (b) if each of the pensions is either a scheduled (Part I) pension or a scheduled (Part III) pension, the increase under this Act shall, subject to paragraph (a) of this subsection, be an increase equal to the appropriate sum ascertained as if the aggregate of the pensions was one scheduled pension and such increase shall be allocated between the pensions proportionately.
Commencement of increase.
9.—An increase under this Act of a scheduled pension shall have effect from (and inclusive of) the day of the commencement of the pension or the 1st day of April, 1949, whichever is the later.
Pension increased under Pensions (Increase) Act, 1920.
10.—Where an increase in a scheduled pension was in course of payment under the Pensions (Increase) Act, 1920 , on the 1st day of April, 1949, the pension shall be deemed for the purposes of this Act to comprise the total amount in course of payment on that date, and the provisions of the Pensions (Increase) Act, 1920 , shall, without prejudice to the said increase, cease to apply to the pension.
Application of certain provisions.
11.—Every provision, being a provision which was made by or under statute and which applied in relation to a scheduled 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.
Grant of increased by Minister.
12.—An increase under this Act of a scheduled (Part I), scheduled (Part II) or scheduled (Part III) 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, the Minister for Education, (b) in the case of a scheduled (Part I) or scheduled (Part III) pension, being a pension granted to or in respect of a former member of the Dublin Metropolitan Police or the Garda Síochána, the Minister for Justice, (c) in the case of an annual allowance granted under the Superannuation Acts, 1834 to 1947, in respect of service which ended in the Department of Posts and Telegraphs, the Minister for Posts and Telegraphs, and (d) in any other case, the Minister for Finance.
Modification of Royal Irish Constabulary (Resigned and Dismissed) Pensions Order, 1924.
13.—Where a person has been granted a pension specified in paragraph (f) of Part I of the Schedule to this Act and also another scheduled pension, sub-article (b) of Article 5 of the Royal Irish Constabulary (Resigned and Dismissed) Pensions Order, 1924 (S. R. & O., No. 9 of 1924), shall have effect in relation to him with such modifications (if any) in his favour as the Minister for Finance considers proper.
Special provision where certain compensation has been awarded.
14.—Where— (a) owing to the award of compensation in respect of the injury or death of a former member of the Dublin Metropolitan Police or the Garda Síochána, a pension has not been awarded or has been granted at a reduced rate, and (b) the pension that, apart from the award of compensation, would have been granted would have been increased under this Act, the following provisions shall have effect: (i) the Minister for Finance may, at his discretion, grant, with effect from (and inclusive of) the 1st day of April, 1949, the pension that, apart from the award of compensation, would have been granted, (ii) the pension so granted shall be increased in accordance with this Act, but, as so increased, shall be subject to such reduction in respect of the award of compensation as the Minister for Finance may direct, (iii) the pension so granted shall, where there has been a previous grant of a pension at a reduced rate, be in lieu of the latter pension.
Determination of disputed matters by Minister for Finance.
15.—Every doubt, question or dispute arising under this Act in relation to a scheduled (Part I), scheduled (Part II) or scheduled (Part III) pension shall be decided by the Minister for Finance, whose decision thereon shall be final and conclusive.
Increase of certain pensions payable by Electricity Supply Board.
16.—(1) In this section— the expression “the Act of 1927” means the Electricity (Supply) Act, 1927 (No. 27 of 1927), the expression “the Board” means the Electricity Supply Board, the expression “authorised undertaker” has the meaning assigned to it by the Act of 1927 for the purposes of that Act.
General restriction.
17.—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 or a pension to which section 16 of this Act applies, or (c) any gratuity.
Short title.
18.—This Act may be cited as the Pensions (Increase) Act, 1950.
SCHEDULE.
Scheduled Pensions.
Section 1
.
PART I.
A pension or allowance of less than £450 a year which was in course of payment in whole or in part on the 1st day of April, 1949, 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 1948, in respect of service which ended before the 31st day of October, 1946, (c) a pension granted under the Secondary Teachers' Superannuation Schemes, 1929 to 1947, in respect of service which ended before the 1st day of September, 1946, (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 , in respect of service which ended before the 1st day of July, 1940, 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 1942, to or in respect of a person who became a member of the amalgamated force under the Police Forces Amalgamation Act, 1925 (No. 7 of 1925), (e) a pension granted under the Garda Síochána Pensions Orders, 1925 to 1942, or the Dublin Metropolitan Police Pensions Orders, 1922 and 1924, or those orders as varied by the Garda Síochána Pensions Orders, 1925 to 1942, in respect of service which ended before the 1st day of July, 1940, 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 and 1936, not being a widow's pension, (g) an annual allowance granted under the Superannuation Acts, 1834 to 1947, in respect of service which ended before the 1st day of July, 1940, (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 July, 1940, (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 July, 1940, or (j) a pension granted in respect of service which ended before the 1st day of July, 1940, 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.
PART II.
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 1949.
PART III.
A pension or allowance of less than £450 a year which— (a) was granted in respect of service which ended after the 30th day of June, 1940, and before the 1st day of July, 1943, (b) was in course of payment in whole or in part on the 1st day of April, 1949, and (c) has been increased under the Emergency Powers (No. 354) Order, 1945 (S.R. & O. No. 29 of 1945), the Superannuation Act, 1947 (No. 29 of 1947), or the Garda Síochána (Pensions) Act, 1947 (No. 41 of 1947), by reference to a cost of living index figure not exceeding 260.
PART IV.
An allowance of less than £450 a year which was granted by a local authority in respect of service which ended before the 1st day of July, 1943, and was in course of payment in whole or in part on the 1st day of April, 1949.
PART V.
An allowance of less than £450 a year which was granted by a harbour authority in respect of service which ended before the 31st day of March, 1949, and was in course of payment in whole or in part on the 1st day of April, 1949.
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