Pensions (Increase) Act, 1959
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Increase of scheduled (Part II) pensions. |
4.—(1) (a) A scheduled (Part II) pension (excepting a pension specified in paragraph (b) of this subsection) shall be increased by 6 per cent. of the amount of the pension, | |
(b) The pension excepted from paragraph (a) of this subsection is any 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, 1948, and which is not— | ||
(i) a pension increased pursuant to subsection (3) of section 4 of the Act of 1956, or | ||
(ii) a pension increased by the difference referred to in subparagraph (ii) of paragraph (a) of subsection (2) of section 4 of the Act of 1956 in a case in which 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, fell to be calculated by reference to subsection (3) of that section. | ||
(2) (a) A scheduled (Part II) pension which is not increased under subsection (1) of this section, which is in respect of service which ended before the 1st day of November, 1952, and which, pursuant to paragraph (a) of subsection (2) of section 4 of the Act of 1956, was increased by the appropriate sum shall be increased by— | ||
(i) 4 per cent, of the amount of the pension, 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 sub-paragraph (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, 1959, less than it would have been if it had been calculated under Scale (i) and had then been increased in accordance 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) of Part II of the First Schedule to the Dublin Metropolitan Police Pensions Order, 1922, or a widow's special pension calculated under rule 7 of that paragraph—Scale (i) in that paragraph as amended by the Garda Síochána Pensions Order, 1950, (S.I. No. 154 of 1950), and the Act of 1956, and | ||
(ii) in relation to a widow's ordinary pension calculated under Scale (ii) in paragraph A of 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 sub-paragraph 2 of that paragraph—Scale (i) in that Part as amended by the Garda Síochána Pensions Order, 1950, and the Act of 1956. |