Pensions (Increase) Act, 1959
Acts of the Oireachtas
Source: Acts of the Oireachtas

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paragraphs: —(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 ;
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paragraphs: —(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.”
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paragraphs: —(1) A Scheduled (Part I) pension shall be increased by 6 per cent. of the amount of the pension.
(2) (a) A pension—
(i) which was in course of payment in whole or in part on the 1st day of August, 1959,
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paragraphs: —(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,
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paragraphs: —(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.
(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 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.
(4) On an appeal under this section, the Minister 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 the Minister shall have effect as if made by that authority.
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paragraphs: —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.
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paragraphs: —(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.
(2) In subsection (1) of this section—
“pension to which this subsection applies” means—
(a) a pension granted under the National School Teachers' Superannuation Schemes, 1934 to 1958,
(b) a pension granted under the Secondary Teachers' Superannuation Schemes, 1929 to 1956,
(c) a pension granted under the Garda SÃ­ochÃ¡na Pensions Orders, 1925 to 1957, or the Dublin Metropolitan Police Pensions Orders, 1922 and 1924, or those orders as varied by the Garda SÃ­ochÃ¡na Pensions Orders, 1925 to 1957,
(d) an annual allowance granted under the Superannuation Acts, 1834 to 1956,
(e) 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 , or
(f) a pension granted by the former National Health Insurance Society to a person under the superannuation arrangements approved of by that Society;
“relevant day” means—
(a) in case the relevant pension is a pension granted under the National School Teachers' Superannuation Schemes, 1934 to 1958, or the Secondary Teachers' Superannuation Schemes, 1929 to 1956—the 1st day of January, 1950, and
(b) in any other case—the 1st day of November, 1948.
(3) Where a pension is a pension which was increased under subparagraph (i) of subsection (1) of section 7 of the Act of 1956 and is not a pension to be increased under any other provision of this Act, it shall be increased by—
(a) one-twelfth of 4 per cent. of the amount of the pension in respect of every period of three months before the 1st day of November, 1952, included in the period referred to in paragraph (b) of subsection (1) of section 7 of the Act of 1956, or
(b) the difference between the amount of the pension and the amount that would be payable if the pension were computed by reference to an annual average amount of salary or weekly pay determined as if the rates of annual salary or weekly pay which first commenced to be paid on the 1st day of November, 1952, had been in effect for the whole of the period referred to in paragraph (b) of subsection (1) of section 7 of the Act of 1956,
whichever is the less.
(4) Any reference in this section to salary 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, and
(b) where the relevant pension is a pension under the Secondary Teachers' Superannuation Schemes, 1929 to 1956, as a reference to the standard salary less any special increment, within the meaning of those Schemes.
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paragraphs: —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.
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paragraphs: —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—
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paragraphs: —(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.
(2) Any provision made by or under statute and effecting suspension or abatement of a pension increasable under this Act by reference to the salary or other remuneration received at the time of retirement shall, with effect from (and inclusive of) the 1st day of August, 1959, apply in relation to the pension as if such salary or other remuneration were increased by any increase or increases of the pension appropriate in accordance with this Act, the Act of 1956 and the Act of 1950.
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paragraphs: —Nothing in this Act shall be construed as authorising an increase in—
(a) any compensation payable under Article 10 of the Treaty of 1921,
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paragraphs: —This Act may be cited as the Pensions (Increase) Act, 1959.