S.I. No. 398/1977:

PENSIONS (INCREASE) (No. 2) REGULATIONS, 1977.

PENSIONS (INCREASE) (No. 2) REGULATIONS, 1977.

I, SEOIRSE O COLLA, Minister for the Public Service, in exercise of the powers conferred on me by section 29 of the Pensions (Increase) Act, 1964 (No. 10 of 1964), and the Public Service (Transfer of Departmental Administration and Ministerial Functions) Order, 1973 ( S.I. No. 294 of 1973 ), hereby make the following Regulations:

PART I Preliminary and General.

1. (1) These Regulations may be cited as the Pensions (Increase) (No. 2) Regulations, 1977.

(2) The collective citation the Pensions (Increase) Regulations, 1967 to 1977, shall include these Regulations.

2. In these Regulations--

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

"the date of retirement", "harbour authority", "the Minister" 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).

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, 1977, 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. (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 II. Increase of Pensions and Allowances.

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 (1), (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, 1977, 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, 1977 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, 1977, 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. A pension specified in paragraph (x), in Part I of the Schedule to the Act of 1964 shall be increased as follows with effect from the 1st day of July, 1977:

( a ) in the case of a pension awarded to a person who was a member of Dáil Éireann only, to £1,213.80;

( b ) in the case of a pension awarded to a person who was a member of Dáil Éireann and Seanad Éireann, to £710.40.

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 (1), (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, 1977, 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, 1977, 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 recalculated 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, 1977.

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, 1977.

(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. (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 10% with effect from the 1st day of July, 1977.

(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 £138.12 per annum.

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, 1977, and had been increased as from that date under whichever of these Regulations is appropriate.

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, 1977, shall be increased by 10% 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, 1977.

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, 1977 (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 521.54%,

(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 rate of salary or weekly pay which first commenced to be paid on the 1st day of July, 1977, 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) £797.88 per anum 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, 1977, whichever is the later, or

(ii) £745.68 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, 1977, whichever is the later, or

(iii) £743.04 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, 1977, whichever is the later, or

(iv) £690.96 per annum in any other case.

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 521.54%;

( b ) £232.08 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, £503.28 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, 1977, 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 recalculating 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, 1977.

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) £797.88 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, 1977, whichever is the later, or

(ii) £745.68 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, 1977, whichever is the later, or

(iii) £743.04 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, 1977, whichever is the later, or

(iv) £690.96 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 521.54%.

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, 1977, 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. (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, 1977, 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. 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, 1977, 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 III. Miscellaneous Provisions.

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, 1977, whichever is the later.

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. (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 be 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, 1977, 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 Siochana 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. 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. 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 Official Seal, this 30th day of December, 1977.

SEOIRSE Ó COLLA,

Minister for the Public Service.

EXPLANATORY NOTE.

The Regulations provide, in general, for an increase, with effect from 1 July, 1977, in public service pensions up to the level they would be at if based on rates of pay at 1 July, 1977. They also provided for increases of 10% in Military Service pensions, Garda widows and RIC widows flat rate pensions and certain child allowances.