S.I. No. 331/1978 - Pensions (Increase) Regulations, 1978.

S.I. No. 331 of 1978.

PENSIONS (INCREASE) REGULATIONS, 1978.

I, RAY MacSHARRY, Minister of State at the Department of the Public Service, in exercise of the powers conferred on me by section 29 of the Pensions (Increase) Act, 1964 (No. 10 of 1964), the Public Service (Transfer of Departmental Administration and Ministerial Functions) Order, 1973 ( S.I. No. 294 of 1973 ) and the Public Service (Delegation of Ministerial Functions) Order, 1978 ( S.I. No. 117 of 1978 ), hereby make the following Regulations:

PART IPRELIMINARY AND GENERAL

1 Short title and collective citation.

1. (1) These Regulations may be cited as the Pensions (Increase) Regulations, 1978.

(2) The Pensions (Increase) Regulations, 1967 to 1977, and these Regulations may be cited together as the Pensions (Increase) Regulations, 1967 to 1978.

2 Definitions.

2. In these Regulations—

"the Act of 1964" means the Pensions (Increase) Act, 1964 (No. 10 of 1964);

"the date of retirement", "harbour authority" and "scheduled pensions" have the meanings respectively assigned to them by the Act of 1964;

"local authority", in addition to the meaning assigned to it by the Act of 1964, also includes—

( a ) a health board to which the Local Government (Superannuation) Act, 1956 applies by virtue of section 20 of the Health Act, 1970 (No. 1 of 1970),

and

( b ) a body, board, or joint board (as the case may be) to which the Local Government (Superannuation) Act, 1956 , applies by virtue of regulations made under section 41 of the Health Act, 1970 , by virtue of an Order under section 11 of the Health Act, 1970 , or by virtue of section 3 of the Local Government Services (Corporate Bodies) Act, 1971 (No. 6 of 1971);

"the Minister" means the Minister of State at the Department of the Public Service.

3 General provisions relating to certain pensions.

3. (1) ( a ) Where a scheduled pension was awarded in respect of service which ended before the relevant day and comes in course of payment in whole or in part on a day subsequent to the relevant day, it shall be deemed for the purposes of these Regulations to have been in course of payment on the relevant day.

( b ) In this paragraph "the relevant day" means the 1st day of July, 1978, or (where appropriate) a later day determined under Regulation 15 or 17 of these Regulations.

(2) ( a ) A pension granted by a local authority which has ceased to exist shall be deemed for the purposes of these Regulations to have been granted by the successor of that local authority.

( b ) A pension granted by one local authority which is payable by another local authority shall be deemed for the purposes of these Regulations to have been granted by the paying authority.

4 Construction of certain references.

4. (1) A reference in these Regulations to the amount of a pension shall be construed as a reference to the annual amount of the full pension (less any part surrendered), whether the pension is in course of payment in full, in part or not at all.

(2) A reference in these Regulations to salary or weekly pay shall be construed—

( a ) where the relevant pension is a pension under the National School Teachers' Superannuation Schemes, 1934 to 1972, as a reference to the scale salary within the meaning of these Schemes,

( b ) where the relevant pension is a pension under the Secondary Teachers' Superannuation Schemes, 1929 to 1972, as a reference to the standard salary (less any allowance) within the meaning of those Schemes.

PART IIINCREASE OF PENSIONS AND ALLOWANCES

5 Scheduled pensions (Part 1)—general.

5. A pension which—

( a ) is a pension specified in Part I of the Schedule to the Act of 1964, (other than a pension specified in paragraph (l), (m), (t), (u), (v), (w) or (x) of that Part),

( b ) was in course of payment in whole or in part on the 1st day of July, 1978, and

( c ) is not a pension to be increased under any other provision of these Regulations,

shall be so increased that payments thereof, in respect of any period beginning on or after the 1st day of July, 1978 are on the like basis as if, on the date of retirement, the person to (or in respect of) whom the pension is payable was 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 July, 1978, had first become payable on the date of retirement (or the date of injury in the case of a pension specified in paragraph (h) of Part I of the Schedule to the Act of 1964) in lieu of the rates actually payable.

6 Scheduled pensions (Part 1)—Dáil and Seanad members.

6. A pension specified in paragraph (x) in Part I of the Schedule to the Act of 1964 shall be increased, with effect from the 1st day of July, 1978, in the case of a pension awarded to a person who was a member of Dáil Éireann only, to £1,355.04.

7 Scheduled pensions (Part 1)—salary or weekly pay.

7. (1) A pension which—

( a ) is a pension specified in Part I of the Schedule to the Act of 1964 (other than a pension specified in paragraph (l), (m), (t), (u), (v), (w) or (x) of that Part),

( b ) was in course of payment in whole or in part on the 1st day of July, 1978, and

( c ) was computed by reference to an average annual amount of salary or weekly pay,

shall be so increased that payments thereof, in respect of any period beginning on or after the 1st day of July, 1978, are on the like basis as if the pension were calculated by reference to an average annual amount of salary or weekly pay calculated in accordance with paragraph (2) of this Regulation.

(2) The average annual amount of salary by reference to which a pension referred to in paragraph (1) of this Regulation is to be re-calculated shall be determined by reference to such rates of salary or weekly pay as the Minister considers appropriate, but shall not exceed the rates which first commenced to be paid on the 1st day of July, 1978.

8 Revision of certain emoluments.

8. (1) Where emoluments other than salary or weekly pay have been reckoned for a pension which is to be increased under Regulation 5, 7, 12 (2), 13 (2) or 13 (3) of these Regulations the Minister, if he so thinks fit, may determine a revised amount of emoluments in relation to the pension subject to a maximum of the amount produced if the emoluments were valued by reference to the rates appropriate to the emoluments payable on the 1st day of July, 1978.

(2) For the purposes of this Regulation, an amount determined by the Minister pursuant to Article 4 (2) (b) of the Garda Síochána Pensions Order, 1930 (inserted by Article 5 of the Garda Síochána Pensions Order, 1965 ( S.I. No. 149 of 1965 )) shall be treated as an emolument.

9 Scheduled pensions (Part I (t)—(w)).

9. (1) A pension which is specified in paragraph (t), (u), (v) or (w) of Part I of the Schedule to the Act of 1964 and was increased under the Regulations (other than these Regulations) specified in Regulation 1 (2) of these Regulations shall be further increased by 12.1% with effect from the 1st day of July, 1978.

(2) The minimum pension payable by virtue of paragraph (1) of this Regulation in respect of a pension specified in paragraph (t) of Part I of the Schedule to the Act of 1964 shall be £154.92 per annum.

10 Increase of pensions partly surrendered.

10. Where a person has surrendered part of a pension referred to in Regulation 5, 7 or 8 of these Regulations to provide a pension for a wife or dependant, any pension actually payable to him or to the wife or dependant shall be increased by a percentage equivalent to the percentage by which the pension before the surrender would have been increased if it had been in course of payment on the 1st day of July, 1978, and had been increased as from that date under whichever of these Regulations is appropriate.

11 Scheduled (Part II (h)) allowances.

11. An allowance specified in paragraph (h) of Part II of the Schedule to the Act of 1964 which is payable on or after the 1st day of July, 1978, shall be increased by 12.1% of the amount payable or of the amount which would, if the allowance had been in course of payment, have been payable immediately before the 1st day of July, 1978.

12 Widow's (Scales I & II) pensions.

12. (1) In this Regulation—

"widow's (Scale I) pension" means a pension specified in paragraph (a) (i) of Part II of the Schedule to the Act of 1964;

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

(2) A widow's (Scale I) pension or a widow's (Scale II) pension shall, as from the date of commencement of the pension or the 1st day of July, 1978 (whichever is the later) be increased to whichever of the following is the greater—

( a ) (i) in the case of a widow's (Scale I) pension, the amount of pension which, immediately before the passing of the Act of 1964, 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 596.75%;

(ii) in the case of a widow's (Scale II) pension, the amount of pension which 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 July, 1978, had first become payable on the date of retirement in lieu of the rates actually payable; or

( b ) in either case mentioned in paragraph (a)—

(i) £878.64 per annum in the case of a widow who—

(A) has attained the age of 80 years, and

(B) is living alone, and

(C) is not a person to whom section 14 (2) of the Social Welfare Act, 1977 , applies,

with effect from her 80th birthday or the 1st day of July, 1978, whichever is the later, or

(ii) £821.28 per annum in the case of any other widow who has attained the age of 80 years, with effect from her 80th birthday or the 1st day of July, 1978, whichever is the later, or

(iii) £818.76 per annum in the case of a widow who—

(A) is aged between 66 and 80 years, and

(B) is living alone, and

(C) is not a person to whom section 14 (2) of the Social Welfare Act, 1977 applies,

with effect from her 66th birthday or the 1st day of July, 1978, whichever is the later, or

(iv) £761.40 per annum in any other case.

13 Childs—allowances (Part II).

13. (1) A child's allowance referred to in paragraph (c) of Part II of the Schedule to the Act of 1964 shall be increased to whichever of the following is the greater:

( a ) the amount of the allowance which, immediately before the passing of the Act of 1964, would have been payable under the provisions then in force, subject to an increase of that amount by 596.75%;

( b ) £255.60 per annum or, if the percentage increases 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 ( S.I. No. 115 of 1955 )), or paragraph C (2) of Part II of the First Schedule to the Garda Síochána Pensions Order, 1925 (S.R. and O., No. 63 of 1925) (as amended by Article 10 of the Garda Síochána Pensions Order, 1955 ( S.I. No. 115 of 1955 )), are applicable, £552.72 per annum.

(2) A child's allowance specified in paragraph (d) of Part II of the Schedule to the Act of 1964 shall be increased to the amount of such allowance which would be payable if the father of the child 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 July 1978, had first become payable on the date of retirement in lieu of the rates actually payable.

(3) Where a pension or allowance payable to a widow or child of a member of the Garda Síochána or the Dublin Metropolitan Police was calculated as a proportion of the average annual pay received by the member during a period, the pension or allowance shall be increased by re-calculating it 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 July, 1978.

14 Widow's—(Part II) pensions.

14. A pension specified in paragraph (b) of Part II of the Schedule to the Act of 1964 shall be increased to whichever of the following is the greater:—

( a ) an amount of—

(i) £878.64 per annum in the case of a widow who—

(A) has attained the age of 80 years, and

(B) is living alone, and

(C) is not a person to whom section 14 (2) of the Social Welfare Act, 1977 , applies,

with effect from her 80th birthday or the 1st day of July, 1978, whichever is the later, or

(ii) £821.28 per annum in the case of any other widow who has attained the age of 80 years, with effect from her 80th birthday or the 1st day of July, 1978, whichever is the later, or

(iii) £818.76 per annum in the case of a widow who

(A) is aged between 66 and 80 years, and

(B) is living alone, and

(C) is not a person to whom section 14 (2) of the Social Welfare Act, 1977 , applies,

with effect from her 66th birthday or the 1st day of July, 1978, whichever is the later, or

(iv) £761.40 per annum in any other case.

( b ) the amount which, immediately before the passing of the Act of 1964, would have been payable under the provisions then in force, subject to an increase of that amount by 596.75%.

15 Local authority (Part III) pensions.

15. (1) A local authority who granted a scheduled (Part III) pension which was in course of payment in whole or in part on a date not earlier than the 1st day of July, 1978, determined by them, may grant one increase only of that pension, to such extent as may be sanctioned by the Minister for the Environment or is in accordance with the approval applicable to the pension and given by that Minister in respect of a class to which that pension belongs.

(2) Any person aggrieved by a refusal or failure during the period of twelve months after the making of these Regulations to grant an increase under paragraph (1) of this Regulation may (in the case of a refusal, not later than six months after the refusal, or in the case of a failure, not later than six months after the expiration of the twelve-months period) appeal to the Minister for the Environment against the refusal or failure.

(3) Any person aggrieved by an increase granted under paragraph (1) of this Regulation may, not later than six months after the grant of the increase, appeal against it to the Minister for the Environment.

(4) On an appeal under this Regulation, the Minister for the Environment may either refuse the appeal or make such provisions as should in his opinion, have been made by the local authority concerned and any provisions so made by that Minister shall have effect as if made by that authority.

(5) A pension payable under section 4 of the Vocational Education (Amendment) Act, 1947 (No. 1 of 1947), shall, for the purposes of this Regulation and of Part III of the Schedule to the Act of 1964, be deemed to be a pension granted by the paying authority referred to in that section.

16 Harbour authority (Part IV) pensions.

16. (1) A harbour authority who granted a scheduled (Part IV) pension which was in course of payment in whole or in part on the 1st day of July, 1978, may grant one increase only of that pension, to such extent as may be sanctioned by the Minister for Tourism and Transport or is in accordance with an approval applicable to the pension and given by that Minister in respect of a class to which that pension belongs.

(2) In giving a sanction or approval under this Regulation the Minister for Tourism and Transport shall have regard to the other provisions of these Regulations with respect to increase of pensions.

17 Pensions granted by certain boards, etc

17. A board or other body who granted a scheduled (Part V) pension which was in course of payment on a date not earlier than the 1st day of July, 1978, determined by them, may grant one increase only of the pension, to such extent (if any) as may be sanctioned by the Minister or is in accordance with an approval applicable to that pension and given by the Minister in respect of a class to which those pensions belong.

PART IIIMISCELLANEOUS PROVISIONS

18 Commencement of Increases.

18. Except as otherwise provided by these Regulations, an increase under these Regulations shall have effect from—

( a ) in the case of a scheduled (Part III) pension, the date of the commencement of the pension or the date determined pursuant to Regulation 15 of these Regulations, whichever is the later,

( b ) in the case of a scheduled (Part V) pension, the date of the commencement of the pension or the date determined pursuant to Regulation 17 of these Regulations, whichever is the later,

( c ) in any other case, the date of the commencement of the pension or the 1st day of July, 1978, whichever is the later.

19 Minister to grant—certain increases.

19. An increase under these Regulations of a pension other than a scheduled (Part III) pension, a scheduled (Part IV) pension or a scheduled (Part V) pension, shall be granted by—

( a ) in the case of a pension specified in paragraph (a), (b) or (c) of Part I of the Schedule to the Act of 1964, the Minister for Education,

( b ) in the case of a pension specified in paragraph (d) or (e) of Part I of the Schedule to the Act of 1964 or in paragraph (a), (c) or (d) of Part II of that Schedule, the Minister for Justice,

( c ) in the case of a pension specified in Part I of the Schedule to the Act of 1964, in respect of service which ended in the Department of Posts and Telegraphs, the Minister for Posts and Telegraphs, and

( d ) in any other case, the Minister.

20 Application of certain statutory provisions.

20. (1) Subject to these Regulations, every provision made by or under statute and which applied in relation to a pension increased under these Regulations 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 the manner in which the cost of the pension is to borne, defrayed or contributed to.

(2) Any provision made by or under statute (other than the Pensions (Abatement) Act, 1965 (No. 13 of 1965)) and affecting suspension or abatement of a pension which is increasable under these Regulations and has been so increased by recalculating it by reference to rates of salary or other remuneration which first commenced to be paid on the 1st day of July, 1978, shall, with effect from that day or a later day determined under Regulation 15 or 17 of these Regulations, apply in relation to the increased pension as if such rates of salary or remuneration had first commenced to be paid on the date of retirement.

(3) ( a ) Where a person has been granted a pension specified in paragraph ( f ) of Part I of the Schedule to the Act of 1964 and another pension payable out of money provided by the Oireachtas, Article (5) (b) of the Royal Irish Constabulary (Resigned and Dismissed) Pensions Order, 1924 (S.R. and O., No. 9 of 1924), shall have effect in relation to him subject to any modifications which the Minister considers proper.

( b ) Where a person has been granted a pension specified in paragraph (e) of Part I of the Schedule to the Act of 1964 and another pension payable out of moneys provided by the Oireachtas, Table III in the Garda Síochána Pensions Order, 1951 ( S.I. No. 410 of 1951 ), shall have effect in relation to him subject to any modifications which the Minister considers proper.

21 Rounding up.

21. Where the normal amount of a pension as increased by these Regulations is not a multiple of twelve new pence, the pension shall be rounded up to the nearest multiple of twelve new pence.

22 Disputes etc.

22. Any doubt, question or dispute arising under these Regulations in relation to a scheduled (Part I) pension or a scheduled (Part II) pension shall be decided by the Minister, whose decision shall be final and conclusive.

GIVEN under my hand and to which the Official Seal of the Minister

for the Public Service is attached, this 5th day of December, 1978.

RAY MacSHARRY,

Minister of State at the Department

of the Public Service.

EXPLANATORY NOTE.

The Regulations provide, in general, for an increase, with effect from 1 July 1978 in public service pensions up to the level they would be at if based on rates of pay at 1 July 1978. They also provide for increases of 12.1% in Military Service pensions, Garda widows and RIC widows flat rate pensions and certain child allowances.