Pensions (Increase) Act, 1956

Increase of scheduled (Part I) pension.

3.—(1) A scheduled (Part I) pension specified in paragraph (f), (l) or (m) of Part I of the Schedule to this Act or which is in respect of service which ended before the 15th day of January, 1951, shall be increased by the appropriate sum.

(2) (a) Any other scheduled (Part I) pension shall be increased by—

(i) the appropriate sum, 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 scheduled (Part I) 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 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 (No. 7 of 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 scheduled (Part I) pension specified in paragraph (a), (b), (c), (d), (e), (g), (h), (i), (o), (p) or (q) of Part I of the Schedule to this Act—the 1st day of November, 1952,

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

(iii) in relation to a scheduled (Part I) pension specified in paragraph (n) of Part I of the Schedule to this Act—the 1st day of January, 1953;

any reference to salary shall be construed—

(a) where the relevant scheduled (Part I) pension or part thereof is specified in paragraph (b) of Part I of the Schedule to this Act, as a reference to the scale salary, within the meaning of the National School Teachers' Superannuation Schemes, 1934 to 1954, and

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

(4) Where—

(a) a person is in receipt of a scheduled (Part I) pension in respect of service which ended before the 15th day of January, 1951,

(b) the Minister for Finance considers that his salary was affected by the arrangement (commonly known as the super-cut) for the reduction of the cost-of-living bonus payable on former basic salaries in excess of £500 per annum, and

(c) the difference between the scheduled (Part I) pension and the pension that would have been payable to him if that arrangement had not applied is greater than the appropriate sum,

the scheduled (Part I) pension shall be increased by that difference instead of by the amount appropriate in accordance with subsection (1) of this section.