Pensions (Increase) Act, 1959

Increase of scheduled (Part I) pensions and certain pensions specified in Part I of Schedule to Act of 1956.

3.—(1) A Scheduled (Part I) pension shall be increased by 6 per cent. of the amount of the pension.

(2) (a) A pension—

(i) which was in course of payment in whole or in part on the 1st day of August, 1959,

(ii) which is a pension specified in Part I of the Schedule to the Act of 1956,

(iii) which is not a scheduled (Part I) pension, and

(iv) which has been increased by the appropriate sum, within the meaning of the Act of 1956,

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 to or in respect of a person of equivalent status and service whose service ended on the relevant day,

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 to or in respect of a person of equivalent status and service whose service ended on the relevant day shall, in relation to a pension specified in Part I of the Act of 1956 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 relevant day had been in effect for the period of three years over which the average annual amount of salary or weekly pay would have been computed in the case of a person of equivalent status and service whose service ended on the relevant day.

(3) In subsection (2) of this section—

the reference to a person of equivalent status and service shall, in the case of a pension payable to or in respect of a person who was a member of the Dublin Metropolitan Police and whose service therein ended before the commencement of the Police Forces Amalgamation Act, 1925 , be construed as a reference to a person who was a member of the Garda Síochána of equivalent status and service;

“relevant day” means—

(i) in relation to a pension specified in paragraph (a), (b), (c), (d), (e), (g), (h), (i), (o), (p) or (q) of Part I of the Schedule to the Act of 1956—the 1st day of November, 1952,

(ii) in relation to a pension specified in paragraph (j) or (k) of that Part—the 1st day of April, 1953, and

(iii) in relation to a pension specified in paragraph (n) of that Part—the 1st day of January, 1953;

any reference to salary shall be construed—

(a) where the relevant pension specified in Part I of the Schedule to the Act of 1956 or part thereof is specified in paragraph (b) of that Part, as a reference to the scale salary, within the meaning of the National School Teachers' Superannuation Schemes, 1934 to 1958, and

(b) where the relevant pension specified in Part I of the Schedule to the Act of 1956 or part thereof is specified in paragraph (c) of that Part, as a reference to the standard salary less any special increment, within the meaning of the Secondary Teachers' Superannuation Schemes, 1929 to 1956.