Pensions (Increase) Act, 1956
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Increase of scheduled (Part II) pension. |
4.—(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. | |
(2) (a) A scheduled (Part II) 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 before the 1st day of November, 1952, shall be increased by— | ||
(i) the appropriate sum, or | ||
(ii) the difference between the amount of the pension and 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, | ||
whichever is the less. | ||
(b) For the purposes of subparagraph (ii) of paragraph (a) of this subsection, 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, shall, in relation to a scheduled (Part II) pension or part thereof calculated by reference to the average annual amount of salary or weekly pay received over a period of three years, be computed 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 three years ending on that day. | ||
(3) (a) Where a scheduled (Part II) 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, 1952, is, as respects any period beginning on or after the 1st day of August, 1956, less than it would have been if it had been calculated under Scale (i) and had then been increased in acordance with subsection (1) of this section, it shall be increased, as regards that period, by the amount of the deficiency. | ||
(b) In paragraph (a) of this subsection “Scale (i)” means— | ||
(i) in relation to a widow's ordinary pension calculated under Scale (ii) of paragraph (a) in Part II of the First Schedule to the Dublin Metropolitan Police Pensions Order, 1922, or a widow's special pension calculated under rule 7 in that paragraph—Scale (i) in that paragraph as amended by the Garda Síochána Pensions Order, 1950 ( S.I. No. 154 of 1950 ), and | ||
(ii) in relation to a widow's ordinary pension calculated under Scale (ii) in paragraph A in Part II of the First Schedule to the Garda Síochána Pensions Order, 1925 ( S.R. & O., No. 63 of 1925 ), or a widow's special pension calculated under subparagraph 2 of that paragraph—Scale (i) in that Part as amended by the Garda Síochána Pensions Order, 1950. | ||
(4) Where— | ||
(a) a person is in receipt of a scheduled (Part II) 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 before the 15th day of January, 1951, | ||
(b) the Minister for Finance considers that the salary by reference to which the scheduled (Part II) pension was computed was affected by the arrangement (commonly known as the super-cut) for the reduction of the cost-of-living bonus payable on former basic salaries in excess of £500 per annum, and | ||
(c) the difference between the scheduled (Part II) pension and the pension that would have been payable if that arrangement had not applied is greater than the increase that would have been appropriate in accordance with subsection (2) of this section, | ||
the scheduled (Part II) pension shall be increased by that difference instead of by the amount appropriate in accordance with subsection (2) of this section. |