Pensions (Increase) Act, 1964
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Supplemental provisions. |
28.—(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 Síochána 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%. | ||
(4) (a) Where a person has been granted a pension specified in paragraph (f) of Part I of the Schedule to this Act and also another pension payable out of moneys provided by the Oireachtas, subarticle (b) of Article (5) of the Royal Irish Constabulary (Resigned and Dismissed) Pensions Order, 1924 , shall have effect in relation to him with such modifications (if any) as the Minister considers proper. | ||
(b) Where a person has been granted a pension specified in paragraph (e) of Part I of the Schedule to this Act and also another pension payable out of moneys provided by the Oireachtas, Table III in the Garda Síochana Pensions Order, 1951 , shall, with effect as from the 1st day of August, 1959, have effect in relation to him with such modifications (if any) as the Minister considers proper. | ||
(5) Where the amount of a pension referred to in Part I or Part II of the Schedule to this Act is to be altered, any question arising as to the amount of the remuneration or emoluments by reference to which the altered pension is to be calculated shall be determined by the Minister. | ||
(6) (a) Where a pension to which this subsection applies is to be increased by recalculating it by reference to rates of salary or other remuneration which first commenced to be paid on a particular date, the rates of salary or other remuneration by reference to which the pension is to be recalculated shall be determined by the Minister— | ||
(i) in case the pension is a pension specified in subparagraph (i) of the next paragraph, by reference to the rates of salary or weekly pay which first commenced to be paid on the particular date to members of the Garda Síochána, and | ||
(ii) in case the pension is a pension specified in subparagraph (ii) of the next paragraph, by reference to such of the rates of salary or other remuneration which first commenced to be paid to civil servants on the particular date as the Minister deems to be appropriate. | ||
(b) This subsection applies to— | ||
(i) any pension which is payable in respect of service in the Royal Irish Constabulary, or in respect of service in the Dublin Metropolitan Police by a person whose service in the Dublin Metropolitan Police ended before the commencement of the Police Forces (Amalgamation) Act, 1925 , | ||
(ii) any pension specified in paragraph (o) of Part I of the Schedule to this Act. | ||
(7) (a) Save as otherwise provided by this Act, where an increase in a scheduled pension granted pursuant to the provisions of the Pensions (Increase) Act, 1920 , the Superannuation Act, 1947 , the Garda Síochána (Pensions) Act, 1947 , section 79 of the Local Government (Superannuation) Act, 1948 , the Act of 1950, the Act of 1956, the Act of 1959 or the Act of 1960 was in course of payment on the relevant day, the amount of such pension which may be increased under this Act shall be the amount of pension payable as on the relevant day. | ||
(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 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). | ||
(8) Where the normal amount of a pension as increased by this Act consists of a whole number of shillings and a part of a shilling, the pension shall be— | ||
(a) in case the part of a shilling is less than sixpence, the whole number of shillings, and | ||
(b) in case the part of a shilling is sixpence or more, the whole number plus one of shillings. | ||
(9) Every doubt, question or dispute arising under this Act in relation to a scheduled (Part I) pension or a scheduled (Part II) pension shall be decided by the Minister, whose decision thereon shall be final and conclusive. |