Pensions (Increase) Act, 1956
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —(1) In this Act—
“the appropriate sum” has the meaning appropriate in accordance with section 2 of this Act;
“harbour authority” means a harbour authority within the meaning of the Harbours Act, 1946 (No. 9 of 1946);
“local authority” means any of the following bodies :
(a) a local authority for the purposes of the Local Government Acts, 1925 to 1955,
(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 (No. 19 of 1945);
num: 2
paragraphs: —(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, 15 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, £15 a year,
(c) where the amount of the pension exceeds £125 a year but does not exceed £150 a year, 12 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, £18 a year,
(e) where the amount of the pension exceeds £200 a year but does not exceed £300 a year, 9 per cent. of the amount of the pension,
(f) where the amount of the pension exceeds £300 a year, but does not exceed £450 a year, £27 a year,
(g) where the amount of the pension exceeds £450 a year, 6 per cent. of the amount of the pension.
(2) The following provisions shall have effect for the purposes of subsection (1) of this section:
(a) 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 the appropriate sum 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 Pensions (Increase) Act, 1950 (No. 3 of 1950);
(b) the annual amount of a pension shall, subject to the foregoing paragraph of this subsection, be 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.
num: 3
paragraphs: —(1) A scheduled (Part I) pension specified in paragraph (f), (l) or (m) of Part I of the Schedule to this Act or which is in respect of service which ended before the 15th day of January, 1951, shall be increased by the appropriate sum.
num: 4
paragraphs: —(1) A scheduled (Part II) pension specified in subparagraph (i) of paragraph (a) or in paragraph (b) or (c) of Part II of the Schedule to this Act shall be increased by the appropriate sum.
num: 5
paragraphs: —(1) The local authority who granted a scheduled (Part III) 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, such person 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.
num: 6
paragraphs: —(1) 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.
(2) An increase under this section shall be in accordance with regulations made by the Minister for Industry and Commerce and, in framing the regulations, that Minister shall have regard to the provisions of the other sections of this Act with respect to increase of pensions.
num: 7
paragraphs: —(1) Where a pension—
(a) was granted in respect of service which ended on or after the 1st day of November, 1952,
(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 before the 1st day of November, 1952, and ended before the 1st day of November, 1955,
(c) would have been increased under section 3 of this Act if the service had ended before the 1st day of November, 1952, and
(d) is not a pension to be increased under any provision of this Act,
the pension shall be increased by—
(i) one-twelfth of the appropriate sum 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 this section, or
(ii) 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 rate 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 this section,
whichever is the less.
(2) In subsection (1) of this section, any reference to salary shall be construed—
(a) where the relevant pension is a pension under the National School Teachers' Superannuation Schemes, 1934 to 1954, 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.
num: 8
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, 1956, whichever is the later.
num: 9
paragraphs: —(1) An increase under this Act of a scheduled (Part I) or scheduled (Part II) pension shall be granted by—
num: 10
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.
num: 11
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,
num: 12
paragraphs: —This Act may be cited as the Pensions (Increase) Act, 1956.