Pensions (Increase) Act, 1959

Special provisions for certain pensions.

7.—(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 Síochána Pensions Orders, 1925 to 1957, or the Dublin Metropolitan Police Pensions Orders, 1922 and 1924, or those orders as varied by the Garda Síochána 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.