Pensions (Increase) Act, 1964

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Increase of widows' pensions and children's allowances specified in Part II of Schedule·

12.—(1) In this section—

“widow's (Scale I) pension” means a pension specified in subparagraph (i) of paragraph (a) of Part II of the Schedule to this Act;

“widow's (Scale II) pension” means a pension specified in subparagraph (ii) of paragraph (a) of that Part.

(2) A widow's (Scale I) pension or a widow's (Scale II) pension shall be increased to whichever of the following is the greatest:

(a) the amount of the widow's (Scale I) pension which, immediately before the passing of this Act, would have been payable under the provisions then in force if no widow's (Scale II) pension were payable in the case, subject to an increase of that amount by 20% thereof;

(b) in case the pension (whether a widow's (Scale I) pension or a widow's (Scale II) pension) was granted in respect of service which ended before the 1st day of November, 1955—the amount of the widow's (Scale II) pension that would be payable if the pensioner's husband was, on the date of retirement, in receipt of the remuneration of which he would have been in receipt if the rates of salary or weekly pay which first commenced to be paid on the 1st day of November, 1955, had first become payable on the day of retirement, subject to an increase of that amount by 6% thereof;

(c) in case the pension is a widow's (Scale II) pension which was granted in respect of service which ended on or after the 1st day of November, 1955, and before the 1st day of March, 1960, the amount of such pension subject to an increase of that amount by 6% thereof;

(d) in any case—£98 per annum.

(3) A child's allowance referred to in paragraph (c) of Part II of the Schedule to this Act shall be increased to the greater of the following:

(a) the amount of the allowance which, immediately before the passing of this Act, would have been payable under the provisions then in force, subject to an increase of that amount by 20% thereof;

(b) £34 per annum or, if the percentage increase referred to in Rule 10 of Part II of the First Schedule to the Dublin Metropolitan Police Pensions Order, 1922, as amended by Article 7 of the Garda Síochána Pensions Order, 1955 , or in subparagraph 2 of paragraph C in Part II of the First Schedule to the Garda Síochána Pensions Order, 1925 , as amended by Article 10 of the Garda Síochána Pensions Order, 1955 , is applicable, £65 per annum.

(4) (a) A child's allowance specified in paragraph (d) of Part II of the Schedule to this Act which was granted in respect of service which ended before the 1st day of November, 1955, shall be increased to the amount of such allowance as would be payable if the child's father was, on the date of retirement, in receipt of the remuneration of which he would have been in receipt if the rates of salary or weekly pay which first commenced to be paid on the 1st day of November, 1955, had first become payable on the date of retirement, and if the amount of the child's allowance so increased were further increased by 6%.

(b) A child's allowance specified in paragraph (d) 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, 1955, and before the 1st day of March, 1960, shall be increased by 6%.

(5) (a) Where a pension or allowance payable to a widow or child of a member of the Garda Síochána or of the Dublin Metropolitan Police was calculated as a proportion of the average annual pay received by the member during a period which commenced before the 1st day of November, 1955, the pension or allowance shall be increased by recalculating it by reference to a revised average annual salary computed by reference to such rates of annual pay as the Minister determines, but not exceeding the rates which first commenced to be paid on the 1st day of November, 1955, except in so far as a higher rate or rates of annual pay was or were reckoned in respect of any period of the member's service after that day in computing the pension to be increased.

(b) The amount of a pension or allowance increased under the foregoing paragraph shall be further increased by 6%.

(c) A pension—

(i) which is payable to a widow or a child of a member of the Garda Síochána,

(ii) which was granted in respect of service which ended after the 1st day of March, 1960,

(iii) which was calculated as a proportion of the average annual pay received by such member during a period which commenced not less than three months before the 1st day of March, 1960,

(iv) which would have been increased under this section if the service had ended before the 1st day of March, 1960, and

(v) is not a pension to be increased under any other provision of this Act,

shall be increased by one-twelfth of 6% in respect of every period of three months before the 1st day of March, 1960, included in the period referred to in subparagraph (iii) of this paragraph.

(6) A pension specified in paragraph (b) of Part II of the Schedule to this Act shall be increased to the amount obtained by adding to it 20% of its amount or to the amount of £98, whichever is the greater.