Pensions (Increase) Act, 1964
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —This Act may be cited as the Pensions (Increase) Act, 1964.
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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 ;
“the Act of 1959” means the Pensions (Increase) Act, 1959 ;
“the Act of 1960” means the Pensions (Increase) Act, 1960 ;
“the date of retirement” means, in relation to a pension or a pensioner, the last day of the relevant pensionable service;
“harbour authority” means a harbour authority within the meaning of the Harbours Act, 1946 ;
“local authority” means a local authority for the purposes of the Local Government (Superannuation) Act, 1956 , and also includes a body to which that Act applies by virtue of an order made under section 3 of the Health (Corporate Bodies) Act, 1961 ;
“the Minister” means the Minister for Finance;
num: 3
paragraphs: —A pension—
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paragraphs: —(1) This section applies to a pension—
(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 3 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.
(2) A pension to which this section applies shall be so increased that payments thereof in respect of any period beginning on or after the 1st day of August, 1962, are on the like basis as if the pension were calculated by reference to an average annual amount of salary or weekly pay computed in accordance with the next subsection.
(3) The average annual amount of salary by reference to which a pension to which this section applies is to be recalculated shall be determined by reference to such rates of salary or weekly pay as the Minister considers appropriate, but not exceeding the rates which first commenced to be paid on the specified date, except that a higher rate may be allowed in respect of any part of the period referred to in paragraph (a) of subsection (1) of this section which falls after the specified date if such higher rate in respect of that part was reckoned in computing the pension to be increased.
num: 5
paragraphs: —Where emoluments other than salary or weekly pay have been reckoned for a pension which is to be increased under section 3 or section 4 of this Act, or for a pension which, not having been increased under either of those sections, is to be increased under section 6 of this Act, 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 a revised amount of emoluments in the case of a pension which, not having been increased under either of those sections, is to be increased under section 6 of this Act, the pension shall be recalculated by reference to the revised amount of emoluments before it is so increased.
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paragraphs: —(1) A pension—
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paragraphs: —For the purposes of sections 3 , 4 , 5 and 6 of this Act, the specified date is—
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paragraphs: —A pension—
(a) which was granted in respect of service which ended on or after the relevant date,
(b) which was computed in whole or in part by reference to the average amount of salary or weekly pay over a period which commenced not less than three months before the relevant date,
(c) which would have been increased under section 6 of this Act if the service had ended before the relevant date, and
(d) which is not a pension to be increased under any other provision of this Part of this Act,
shall, in relation to any period beginning on or after the 1st day of August, 1962, and ending before or on the 31st day of October, 1963, be increased by one-twelfth of 6% in respect of every period of three months before the relevant date included in the period referred to in paragraph (b) of this section.
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paragraphs: —For the purposes of sections 6 and 8 of this Act the relevant date is—
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paragraphs: —A pension specified in paragraph (l) or (m) of Part I of the Schedule to this Act shall be increased by 20% of the amount of such pension.
num: 11
paragraphs: —(1) A pension specified in paragraph (e), (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 August, 1962, shall be so increased that payments thereof in respect of any period beginning on or after the 1st day of August, 1962, are equivalent to the amount determined as provided for by subsection (2), (3) or (4) (as may be appropriate) of this section if that amount is greater than the amount of the pension that would be payable if this section had not been enacted.
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paragraphs: —(1) In this section—
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paragraphs: —(1) The local authority who granted a scheduled (Part III) pension, being a pension which was in course of payment in whole or in part on a date not earlier than the 1st day of August, 1962, determined by them, 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 for Local Government, 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.
(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 for Local Government 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 for Local Government.
(4) On an appeal under this section, the Minister for Local Government 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 that Minister shall have effect as if made by that authority.
num: 14
paragraphs: —(1) The harbour authority who granted a scheduled (Part IV) pension, being a pension which was in course of payment in whole or in part on the 1st day of August, 1962, 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 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.
(2) In giving a sanction or approval under this section the Minister for Transport and Power shall have regard to the provisions of the other sections of this Act with respect to increase of pensions.
num: 15
paragraphs: —The board or other body who granted a scheduled (Part V) pension, being a pension which was in course of payment on a date not earlier than the 1st day of August, 1962, determined by them, may grant one increase (and no more) of the pension, and the increase shall be an increase to such extent (if any) 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.
num: 16
paragraphs: —An increase under this Part of this Act shall, save as otherwise provided by this Part of this Act, have effect from (and inclusive of)—
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paragraphs: —(1) A pension—
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paragraphs: —(1) This section applies to a pension—
(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.
(2) A pension to which this section applies 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 the pension were calculated by reference to an average annual amount of salary or weekly pay computed in accordance with the next subsection.
(3) The average annual amount of salary by reference to which a pension to which this section applies is to be recalculated shall be determined by reference to such rates of salary or weekly pay as the Minister considers appropriate, but not exceeding the rates which first commenced to be paid on the specified date, except that a higher rate may be allowed in respect of any part of the period referred to in paragraph (a) of subsection (1) of this section which falls after the specified date if such higher rate in respect of that part was reckoned in computing the pension to be increased.
(4) An increase under this section shall, in the case of a pension increased under section 6 of this Act, not be less than the increase under that section.
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paragraphs: —(1) Where emoluments other than salary or weekly pay have been reckoned for a pension which—
(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.
(2) Where a person has surrendered part of a pension referred to in section 17 or section 18 of this Act to provide a pension for a wife or dependant, any pension actually payable to him or to the wife or dependant shall be increased by a percentage equivalent to the percentage by which the pension before the surrender would have been increased if it had been in course of payment on the 1st day of November, 1963, and had been increased as from that date under section 17 , section 18 or section 19 (as may be appropriate) of this Act.
num: 20
paragraphs: —For the purposes of sections 17 , 18 , and 19 of this Act, the specified date is—
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paragraphs: —(1) A pension specified in paragraph (e), (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 (2), (3) or (4) (as may be appropriate) of this section if that amount is greater than the amount of the pension that would be payable if this section had not been enacted.
num: 22
paragraphs: —(1) In this section—
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paragraphs: —(1) The local authority who granted a scheduled (Part III) pension, being a pension which was in course of payment in whole or in part on a date not earlier than the 1st day of November, 1963, determined by them, 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 for Local Government, 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.
(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 for Local Government 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 for Local Government.
(4) On an appeal under this section, the Minister for Local Government 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 that Minister shall have effect as if made by that authority.
num: 24
paragraphs: —(1) The harbour authority who granted a scheduled (Part IV) pension, being a pension which was in course of payment in whole or in part on the 1st day of November, 1963, 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 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.
(2) In giving a sanction or approval under this section the Minister for Transport and Power shall have regard to the provisions of the other sections of this Act with respect to increase of pensions.
num: 25
paragraphs: —The board or other body who granted a scheduled (Part V) pension, being a pension which was in course of payment on a date not earlier than the 1st day of November, 1963, determined by them, may grant one increase (and no more) of the pension, and the increase shall be an increase to such extent (if any) 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.
num: 26
paragraphs: —An increase under this Part of this Act shall, save as otherwise provided by this Part of this Act, have effect from (and inclusive of)—
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paragraphs: —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—
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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 or under a scheme made by virtue of 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) (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).
(3) The annual pay by reference to which, consequent upon the Garda SÃ­ochÃ¡na Pensions Order, 1957 , a pension is to be suspended, shall be taken, with effect as from (and inclusive of) the 1st day of August, 1960, as being increased by 5%.
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paragraphs: —(1) The Minister may by regulations add to the Schedule to this Act any pension or allowance which is payable out of the Central Fund or moneys provided by the Oireachtas, a local authority or a harbour authority.
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paragraphs: —(1) (a) Any provision in any Act of the Oireachtas or of the Oireachtas of SaorstÃ¡t Ãireann 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.
(2) Every scheme made by virtue of this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within twenty-one days on which that House has sat after the scheme has been laid before it, the scheme shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
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paragraphs: —Nothing in this Act or any regulations made thereunder shall be construed as authorising an increase in—
(a) any compensation payable under Article 10 of the Treaty of 1921,