S.I. No. 25/1969 - Pensions (Increase) Regulations, 1969.

S.I. No. 25 of 1969.

PENSIONS (INCREASE) REGULATIONS, 1969.

I, CHARLES J. HAUGHEY, Minister for Finance, in exercise of the powers conferred on me by section 29 of the Pensions (Increase) Act, 1964 (No. 10 of 1964), hereby make the following Regulations :

1. These Regulations may be cited as the Pensions (Increase) Regulations, 1969.

2. In these Regulations—

" the Act of 1964 " means the Pensions (Increase) Act, 1964 (No. 10 of 1964);

" the 1966 (No. 2) Regulations " means the Pensions (Increase) (No. 2) Regulations, 1966 ( S.I. No. 147 of 1966 );

" the 1967 Regulations " means the Pensions (Increase) Regulations, 1967 ( S.I. No. 139 of 1967 );

" the 1968 Regulations " means the Pensions (Increase) Regulations, 1968 ( S.I. No. 103 of 1968 ).

3. For the purpose of these Regulations and subsequent regulations under section 29 of the Act of 1964—

(i) the following is hereby added to Part II of the Schedule to the Act of 1964—

" (h) A child's allowance granted under the Ministerial and Parliamentary Offices Acts, 1938 to 1964.";

(ii) the following is hereby added to Part III of that Schedule—

" A pension or allowance which was granted by a local authority in respect of service which ended on or after the 1st day of February, 1964.";

(iii) the following is hereby added to Part IV of that Schedule—

" A pension or allowance which was granted by a harbour authority in respect of service which ended on or after the 15th day of January, 1964.";

4. (1) The 1968 Regulations shall, from the 1st day of August, 1967, apply to a pension to which this Regulation applies.

(2) This Regulation applies to the pensions mentioned in Parts III and IV of the Schedule to the Act of 1964 and inserted therein by Regulation 3 of these Regulations.

5. The 1966 (No. 2) Regulations shall, from the 1st day of August, 1968, have effect in relation to scheduled pensions as if—

(a) " the 1st day of August, 1968 ", " 28.184% ", " 34.652% ". " 69.638% ", " £170 ", " £41 " and " £111 " were substituted for " the 1st day of August, 1965 ", " 9% ", " 1412% ", " 4414% ", " £137 ", " £34 " and " £91 ", respectively, in each place where they occur,

(b) " or " where it last occurs in Regulation 2 (4) were deleted, and " the 1966 (No. 2) Regulations or the 1968 Regulations " were added to Regulation 2 (4),

(c) Regulation 5 (1) (c) were deleted and the following paragraph were added to the Regulations—

" (3) A pension increased under this Regulation shall not exceed the amount of pension that would be payable if, on the date of retirement, the person to, or in respect of whom, the pension is payable was in receipt of the remuneration of which he would have been in receipt if the rates of salary or weekly pay payable on the 1st day of August, 1968, had been payable on the date of retirement in lieu of the rates actually payable.",

(d) " in whole or in part " and " which commenced before the 1st day of February, 1964, and " were deleted from Regulation 6 (1) (b),

(e) Regulation 6 (1) (c) were deleted,

(f) " or the rates payable on the 1st day of August, 1968, if lesser " were added to Regulation 6 (2),

(g) the following were substituted for Regulation 9—

" 9. (1) A pension specified in paragraph (g) of Part II of the Schedule to the Act of 1964 which is payable to any person on or after the 1st day of August, 1968, shall be increased with effect from that date to the level of pension that would be payable on that date if it were a widow's pension awarded under the Ministerial and Parliamentary Offices Act, 1938 , (No. 38 of 1938), in respect of a Parliamentary Secretary whose pensionable service was not less than three years but was less than four years, and shall thereafter be payable at the rate appropriate to that length of service.

(2) An allowance specified in paragraph (h) of Part II of the Schedule to the Act of 1964 which is payable on or after the 1st day of August, 1968, shall be increased by 5% of the amount payable or which would, if the allowance had been in course of payment, have been payable immediately before the 1st day of August, 1968 ",

(h) " and before the 1st day of February, 1964," were deleted from Regulation 10 (2) (b) and Regulation 10 (4) (b),

(i) " and subject to the remuneration as increased not exceeding the remuneration of which he would have been in receipt if the rates of salary or weekly pay payable on the 1st day of August, 1968, had been payable on the date of retirement in lieu of the rates actually payable " were inserted at the end of Regulation 10 (2) (b) (i) and at the end of Regulation 10 (4) (b),

(j) " which commenced before the 1st day of February, 1964 " were deleted from Regulation 10 (5) and " or the rates payable on the 1st day of August, 1968, if lesser " were added to Regulation 10 (5), and

(k) " the 1966 (No. 2) Regulations, the 1967 Regulations, the 1968 Regulations " were inserted after " these Regulations " in Regulation 16 (2).

6. (1) A pension which is specified in paragraph (t), (u), (v) or (w) of Part I of the Schedule to the Act of 1964, and which was increased under the 1967 Regulations and the 1968 Regulations, shall be further increased by 5% with effect from the 1st day of August, 1968.

(2) These regulations shall not have the effect of giving, on a pension mentioned in paragraph (1), any increase other than that provided for by that paragraph.

GIVEN under my Official Seal, this 10th day of February, 1969.

CHARLES J. HAUGHEY,

Minister for Finance.

EXPLANATORY NOTE.

The Regulations provide, in general, for an increase of up to 5% as from 1st August, 1968 in public service pensions awarded prior to the ninth round pay increase.