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PENSIONS (INCREASE) ACT (NORTHERN IRELAND) 1971

PENSIONS (INCREASE) ACT (NORTHERN IRELAND) 1971 - LONG TITLE

An Act to replace the Pensions (Increase) Acts (Northern Ireland)
1920 to 1969 and make further provision for increases to be paid
on certain pensions and related benefits.{1}
[7th December 1971]
PART I

PENSIONS (INCREASE) ACT (NORTHERN IRELAND) 1971 - SECT 1

1.(1) Subject to the provisions of this Act, the annual rate of an
official pension may, if any qualifying condition is satisfied, [or
the pension is a widow's pension] be increased by the pension
authority in respect of any period beginning on or after 1st
September 1971, as follows:

(a)a pension beginning before the year 1969 may be increased by the
amount necessary to bring the rate up to the 1969 standard, that
is to say, to the rate arrived at by applying to the basic rate
of pension the multiplier given in Schedule 1 for the year in
which the pension began, and by a further 18 per cent. of the
rate as so increased;

(b)a pension beginning on or before 1st April 1969 but not earlier
than that year may be increased by 18 per cent. of the basic
rate;

(c)a pension beginning in the six months following 1st April 1969
may be increased by 16 per cent. of the basic rate;

(d)a pension beginning in the six months following 1st October 1969
may be increased by 14 per cent. of the basic rate;

(e)a pension beginning in the six months following 1st April 1970
may be increased by 10 per cent. of the basic rate;

(f)a pension beginning in the six months following 1st October 1970
may be increased by 6 per cent. of the basic rate.

(2) The annual rate of any pension (whether beginning before or
after the passing of this Act) payable under the Belfast Corporation
Act (Northern Ireland) 1943 shall, in respect of any period
beginning on or after 1st September 1971, be increased by the
pension authority under subsection (1) as if it were a pension
beginning in 1943.

(3) In the case of a pension beginning before the year 1969 or a
pension payable under the Belfast Corporation Act (Northern Ireland)
1943 (whatever the date of its beginning) the increase authorised by
subsection (1)(a) shall take the place of those authorised by the
Pensions (Increase) Acts (Northern Ireland) 1920 to 1969, but in the
cases provided for by section 6 shall be of the larger amount
there specified by reference to increases that might have been made
under those Acts.

S.2 rep. with saving for pension increases by orders made
thereunder, by 1975 NI 15 art.74(2) sch.6

PENSIONS (INCREASE) ACT (NORTHERN IRELAND) 1971 - SECT 3
Qualifying conditions.

3.(1) A pension shall not be increased under this Part unless one
of the conditions laid down by this section (in this Act referred
to as "qualifying conditions") is satisfied [or the pension is a
widow's pension].

(2) A pension payable in respect of the pensioner's own services
shall not be increased unless the pensioner

(a)has attained the age of [fifty-five years]; or

(b)has retired on account of physical or mental infirmity from the
office or employment in respect of which, or on retirement from
which, the pension is payable; or

(c)is a woman who has at least one dependant;

(3) A pension payable in respect of the services of any person
other than the pensioner, not being the pensioner's deceased husband,
shall not be increased unless the pensioner

(a)has attained the age of [fifty-five years]; or

(b)has not attained the age of [seventeen] years; or

(c)is receiving full-time instruction at an educational establishment;
or

(d)is undergoing training for a trade, profession or vocation in
such circumstances that he is required to devote the whole of his
time to that training for a period of not less than two years; or

(e)is a woman who has at least one dependant;

Subs.(4) rep. by 1974 NI 2 art.5(3)

(5) For the purposes of this section, a pensioner shall be deemed
to be disabled by physical or mental infirmity if he is permanently
incapacitated by such infirmity from engaging in any regular
full-time employment.

(6) Subject to subsection (7), "dependant" in this section means, in
relation to a pensioner, a person who the pension authority are
satisfied is wholly or mainly supported by the pensioner and who
either has not attained the age of [seventeen] years or is
receiving full-time instruction at an educational estblishment or is
undergoing training as mentioned in subsection (3)(d).

(7) Where a pension payable to a woman at 31st August 1971 was
then payable at a rate increased under the Pensions (Increase) Acts
(Northern Ireland) 1920 to 1969 by reason only that she was, and
had since 1st April 1956 been, wholly or mainly supporting another
person, being either

(a)her, or her deceased husband's, father, mother, brother, sister,
child, uncle or aunt; or

(b)the child of any such person as is mentioned in paragraph (a);
or

(c)her step-father or step-mother; or

(d)a person undergoing training for any trade, profession or
vocation;

In this subsection "child" includes a step-child and an illegitimate
child, and includes also a child adopted in pursuance of an order
made by any court in the United Kingdom or adopted in accordance
with the law of the place where the adopter was domiciled at the
time of the adoption.

Subs.(8) spent

PENSIONS (INCREASE) ACT (NORTHERN IRELAND) 1971 - SECT 4
Effect of re-employment.

4.(1) Where a person has been in receipt of an official pension in
respect of any service, and in consequence of any further service
rendered by him the pension falls to be recalculated as to its
basic rate and to be treated for purposes of this Act as beginning
at a later date, then the rate of the pension as recalculated,
with any increase under this Part apart from this section, may be
further increased up to the rate, if it is higher, at which the
pension would have been payable with any such increase if

(a)the further service had not been rendered; and

(b)where the pension is one of those specified in subsection (4)
and the recalculation is on the basis there mentioned, the length
of the previous service had been increased by the length of the
further service.

(2) Where a person has terminated his service in circumstances such
that he is or may become eligible for an official pension, but has
not been in receipt of that pension before rendering further service
in consequence of which the pension falls to be recalculated or to
be calculated on a different basis, subsection (1) shall apply as
it would apply if he had been in receipt of the pension before
rendering the further service.

(3) Where the basic rate of a derivative pension, not being a
substituted pension, falls to be calculated by reference to that of
a principal pension which is authorised to be increased under
subsection (1) or (2) (or which would have been, if the further
service had been terminated by retirement), the derivative pension
may be increased in the way in which subsection (1) authorises (or
would have authorised) the principal pension to be increased; and
for this purpose the reference in subsection (1)(b) to the pension
is to be taken as a reference to the principal pension, not the
derivative pension.

(4) Subsection (1)(b) shall apply to pensions specified in paragraphs
2, 3, [3A, 5(b) and (c) and 7A] of Schedule 2, but shall apply
only in a case where the recalculation falls to be made by
reference

(a)to the aggregate of the further service and the previous service;
and

(b)to emoluments attributed to a period immediately preceding the
termination of the further service not lower than the emoluments by
reference to which the pension was to be calculated before the
further service.

PENSIONS (INCREASE) ACT (NORTHERN IRELAND) 1971 - SECT 5
Scope of Act, and general powers to extend and adapt increases.

5.(1) For purposes of this Act "official pension" means, subject to
subsection (2), any of the pensions specified in Schedule 2; and in
the case of a pension specified in Part II of the Schedule it
shall be the duty of a pension authority to increase the pension
in accordance with this Act.

(2) The Ministry may by regulations provide that this Act shall
have effect in relation to any pensions not specified in Schedule 2
as if they were specified in such Part of that Schedule as may be
directed by the regulations; and regulations under this subsection

(a)may include such incidental, consequential and supplemental
provisions as appear to the Ministry to be expedient; and

(b)may in particular make provision for securing that the cost of
increasing any pension is borne by the appropriate authority.

(3) The Ministry, if satisfied in the case of any official pension
that it is proper so to do, may by regulations direct (either
generally or [for any particular purpose)] that the provisions of
this Act shall apply in relation to that pension subject to such
modifications, adaptations and exceptions as may be specified in the
regulations.

The power conferred by this subsection on the Ministry may be
exercised also, with its consent, by any other department of the
Government of Northern Ireland.

(4) Any regulations under this section may provide for increases to
take effect from a date before the making of the regulations or
the passing of this Act, but not before 1st September 1971.

PENSIONS (INCREASE) ACT (NORTHERN IRELAND) 1971 - SECT 6
Preservation for certain purposes of benefit of previous Acts.

6.(1) If in the case of an official pension beginning before the
year 1969 the 1969 standard is less than the 1971 rate of the
pension with the addition, if any, to be made to that rate under
subsection (6), then the increase that may be made in the pension
under section 1(1)(a) shall be of the amount necessary to bring the
annual rate up to 118 per cent. of the 1971 rate or, if
subsection (6) applies, to 118 per cent. of the 1971 rate with the
addition under that subsection.

(2) For any pension that qualified for an increase under the
Pensions (Increase) Act 1920, the 1971 rate shall be taken to be
the annual rate at which it was being paid on 31st August 1971
(or, if payment was then suspended, was last paid before that
date).

(3) In the case of a pension payable under the Belfast Corporation
Act (Northern Ireland) 1943, the 1971 rate shall, if the pension
was payable on 31st August 1971, be taken to be the annual rate
at which it was payable on that date and, if it became or becomes
payable after 31st August 1971 , shall be taken to be the annual
rate at which it would have been payable on 31st August 1971, if
the conditions for payment of the pension had been satisfied before
31st August 1971 and the service in respect of which the pension
became or becomes payable had been rendered over a period
immediately preceding 31st August 1971.

(4) Where an official pension not falling within subsection (2) or
(3) was being paid on 31st August 1971 at a rate which included
any relevant increases, then the annual rate at which it was then
being paid shall be taken as the 1971 rate, unless it is shown
that the rate should have been revised or there is a change of
circumstances that would affect the 1971 rate if ascertained under
subsection (5).

(5) Subject to the provisions of this section, the Ministry shall
by order prescribe tables and rules for ascertaining, for any
pension to which subsection (1) may apply (other than a pension
falling within subsection (2) or (3)), the annual rate at which it
would have been payable if paid with any relevant increases; and
the rate so ascertained shall be taken to be the 1971 rate, unless
subsection (4) applies.

(6) Where a pension beginning on or before 1st April 1961 is one
that (but for this Act) might have been increased under section 1
of the Pensions (Increase) Act (Northern Ireland) 1963, and any of
the qualifying conditions other than those specified in section
3(3)(b), (c) and (d) is satisfied [or the pension is a widow's
pension], then there shall for purposes of this section be made to
the 1971 rate as ascertained under subsection (5) an addition of
the amount prescribed by order of the Ministry as corresponding to
that of the increase provided for by section 2 of that Act
(additional increase for pensioners over 70); and where subsection
(3) or (4) applies, the like addition shall be made to the 1971
rate given by that subsection, unless the pensioner had attained the
age of 70 on or before 31st August 1971.

(7) Orders made for the purposes of this section shall include such
provision as may be necessary to enable the pensions to which
subsections (1) and (6) relate to be identified without reference to
the Pensions (Increase) Acts (Northern Ireland) 1920 to 1969, except
that pensions which qualified for an increase under the Pensions
(Increase) Act 1920 need not be otherwise identified.

(8) This section shall have effect subject to any provision made in
the exercise of the powers conferred by section 5(3); and
accordingly an order under this section may disregard any provision
made in the exercise of corresponding powers conferred by the
Pensions (Increase) Acts (Northern Ireland) 1920 to 1969.

(9) An order under this section shall take no account of any
provision of the Pensions (Increase) Acts (Northern Ireland) 1920 to
1969 whereby a fraction of a pound was to be treated as a whole
pound and may make such other departures from the effect of those
Acts as in the opinion of the Ministry will, without materially
reducing the rate of any pension, simplify the tables or rules or
make for ease of calculation.

(10) For purposes of this section, "relevant increase" means, in
relation to any pension, any increase that might (but for this Act)
have been made in the annual rate of the pension under section 1
of any of the following Acts, that is to say the Pensions
(Increase) Act (Northern Ireland) 1944, the Pensions (Increase) Act
(Northern Ireland) 1952, the Pensions (Increase) Act (Northern
Ireland) 1956, the Pensions (Increase) Act (Northern Ireland) 1959,
the Pensions (Increase) Act (Northern Ireland) 1963, the Pensions
(Increase) Act (Northern Ireland) 1966 and the Pensions (Increase)
Act (Northern Ireland) 1969; but an order under this section may
for purposes of subsection (5) treat as a relevant increase any
increase authorised by or under any enactment by reference to a
relevant increase, and may repeal or amend the provision authorising
it accordingly.

(11) An order made (or purporting to be made) under this section
shall have effect notwithstanding any error or omission in
reproducing the effect of any Act or instrument, but may be amended
by a further order for the purpose of correcting any such error or
omission; and any such amendment may be made so as to have effect
from such date as may be specified in the further order (including
a date before the making of that order), and with such savings and
transitional provisions as the Ministry thinks proper.

(12) If an order made by virtue of subsection (11) has the effect
of reducing the rate of any pension, the order shall be subject to
negative resolution.

PENSIONS (INCREASE) ACT (NORTHERN IRELAND) 1971 - SECT 7
Administrative provisions.

7.(1) In this Act "pension authority" means the authority by whom
the pension is payable; but the Ministry or, with its approval, any
other department of the Government of Northern Ireland may by
regulations provide that, in relation to any class of pensions
specified in the regulations, all or any of the functions of the
pension authority under this Act shall be performed on behalf of
the pension authority by such other authority as may be so
specified.

(2) Where a pension specified in Part II of Schedule 2 is
increased under this Act the cost of the increase shall be defrayed
by the pension authority out of the rate or fund chargeable with
the payment of the pension.

(3) Subject to the provisions of this Act, any provision made by
or under any enactment shall, in so far as it relates to the
apportionment of the cost of a pension between two or more
authorities or funds, or to the manner in which a pension is to
be paid or borne, or to the proof of title to sums payable on
account of a pension, or in so far as it prohibits or restricts
the assignment or charging of a pension or its application towards
the payment of debts, have effect in relation to any increase of
the pension under this Act as it has effect in relation to the
pension; so however that this subsection, in so far as it relates
to the apportionment of the cost of an increase under this Act,
shall have effect subject to any agreement between the authorities
concerned.

(4) Except as provided by subsection (3), an increase of a pension
under this Act shall not be treated as part of the pension for
the purposes of any provision made by or under any enactment; and
in calculating the rate of a derivative pension, any increase under
this Act of the principal pension shall be disregarded.

PENSIONS (INCREASE) ACT (NORTHERN IRELAND) 1971 - SECT 8
Meaning of ""pension'', and other supplementary provisions.

8.(1) For purposes of this Act "pension" includes (subject to
section 9)

(a)any allowance or other benefit payable (either in respect of the
services of the pensioner or in respect of the services of any
other person) by virtue of any superannuation scheme, whether
contained in an enactment or otherwise, including a superannuation
scheme providing benefits in the case of injury or death; and

(b)any compensation payable in respect of retirement from an office
or employment in pursuance of the provisions of an enactment, any
compensation payable in respect of the loss, abolition or
relinquishment of an office or employment occasioned by an alteration
in the organisation of a department or service or by a transfer or
other reorganisation of the functions of local authorities, and any
compensation payable in respect of a diminution in the emoluments of
an office or employment which has been occasioned as aforesaid [;
and

(c)without prejudice to the generality of paragraph (b), any
compensation payable in pursuance of the provisions of a scheme
under Article 3 of the Superannuation (Northern Ireland) Order 1972
made by virtue of Article 4(2) of that Order or of regulations
made under Article 19 thereof].

(2) A pension shall be deemed for purposes of this Act to begin
on the day following the last day of the service in respect of
which the pension is payable (whenever the pension accrues or
becomes payable), except that

(a)an earnings-related pension based, directly or indirectly, on
emoluments received for a period not ending with the last day of
that service, other than a substituted pension, is to be deemed to
begin on the day following the last day of that period; and

(b)a substituted pension is to be deemed to begin on the same day
as the original pension, or, if earlier, on the day from which the
surrender of the original pension takes effect; and

(c)a pension payable under section 1 of the Ministerial Offices Act
(Northern Ireland) 1952 is to be deemed to have begun on 1st April
1965.

(3) Where an earnings-related pension beginning before the year 1969
may be payable either at a rate fixed, directly or indirectly, by
reference to emoluments or at a flat rate, the 1969 standard and,
if relevant, the 1971 rate of the pension according to either of
its rates shall be determined without regard to the other.

PENSIONS (INCREASE) ACT (NORTHERN IRELAND) 1971 - SECT 9
Gratuities and lump sums.

9.(1) References in this Act to a pension shall not apply to any
payment made by way only of a return of contributions, with or
without interest; but, subject to that, this Act shall apply in
relation to any allowance, benefit or compensation whether it takes
the form of periodical payments or of a gratuity or other lump
sum.

(2) In relation to a lump sum

(a)references to the time when a pension begins shall apply in
accordance with section 8(2) as in the case of a pension taking
the form of periodical payments; and

(b)references to increasing a pension in respect of a period
beginning at any time shall have effect as references to increasing
any sum becoming payable at or after that time on account of the
lump sum or any instalment of it; and

(c)references to the rate of a pension shall have effect as
references to the amount of the lump sum or an instalment of it,
as the case may require.

Subs.(3)(4)(4A) rep. by 1975 NI 15 art.74(2) sch.6

(5) For purposes of section 4 any addition to a lump sum which
would have resulted from treating the length of the previous service
as being increased by the length of the further service in
accordance with section 4(1)(b) shall be supposed not to have become
payable until the day following that on which the further service
in fact terminated.

(6) Nothing in section 6 shall apply to any lump sum.

Pensions under approved pension schemes.

PENSIONS (INCREASE) ACT (NORTHERN IRELAND) 1971 - SECT 10

10.(1) The Ministry may make regulations for conferring on persons
who

(a)are or have been employed in the civil service of Northern
Ireland, or are or have been such officers or practitioners as are
mentioned in paragraph 1(a) or (b) of Schedule 8 to the Health
Services Act (Northern Ireland) 1971 or in section 61(1)(a) or (b)
of the Health Services Act (Northern Ireland) 1948, or are or have
been employed in any capacity approved by the Ministry for the
purposes of this section; and

(b)are or were subject to a superannuation scheme operated under the
Federated Superannuation System for Universities, to the Federated
Superannuation Scheme for Nurses and Hospital Officers or to any
other scheme approved by the Ministry for the purposes of this
section;

(2) The Ministry may also make regulations for empowering or
requiring a pension authority to provide such benefits as aforesaid
for persons who are or have been employed by a local authority or
a designated body.

(3) Any power to make regulations conferred by this section on the
Ministry shall be exercisable also, with its approval, by any other
department of the Government of Northern Ireland.

(4) Regulations under this section may provide for benefits to take
effect from a date before the making of the regulations.

Police pensions.

PENSIONS (INCREASE) ACT (NORTHERN IRELAND) 1971 - SECT 11

11.(1) Where it appears to the Ministry of Home Affairs expedient
to postpone the operation of this Act with respect to any police
pensions pending the making with respect to them of provision under
section 5(3) or the making with respect to them under the
Constabulary Act (Northern Ireland) 1922 and the Constabulary
(Pensions) Act (Northern Ireland) 1949 or under the Police Act
(Northern Ireland) 1970 of any provision which may be necessary or
expedient in connection with the passing of this Act (or pending
the consideration of the question of making such provision), that
Ministry may by order or regulations under those Acts provide that,
so long as the order or regulations remain in force, the provisions
of this Act other than this section shall not affect those
pensions.

(2) In this section "police pension" means a pension payable as
mentioned in sub-paragraphs (a) and (b) of paragraph 4 of Schedule
2.

PENSIONS (INCREASE) ACT (NORTHERN IRELAND) 1971 - SECT 12
Fire service pensions.

12.(1) Where a pension payable under the Firemen's Pension Scheme or
under a scheme made under section 26 of the Fire Services Act
(Northern Ireland) 1969 or payable by virtue of section 42(2)(b) of
that Act under a scheme made under section 13 of the Fire Services
(Amendment) Act (Northern Ireland) 1950 is or has been granted at
the higher of a flat rate and a rate fixed by reference to
emoluments, the grant shall have effect, in relation to any period
beginning on or after 1st September 1971, as a grant at whichever
rate is for the time being the higher after account is taken of
the operation of this Act.

(2) Where it appears to the Ministry of Home Affairs expedient to
postpone the operation of this Act with respect to any pensions
specified in paragraph 16 of Schedule 2 pending the making with
respect to them of provision under section 5(3) or the making with
respect to them under the Fire Services Act (Northern Ireland) 1969
of any provision which may be necessary or expedient in connection
with the passing of this Act (or pending the consideration of the
question of making such provision), that Ministry may by order
subject to negative resolution provide that, so long as the order
remains in force, the provisions of this Act other than this
section shall not affect those pensions.

(3) The order to be made under section 6 may omit any special
provision which, apart from this subsection, would be required for
any pensions specified in paragraph 16 of Schedule 2 if it appears
to the Ministry that the provision is more appropriately or
conveniently made by regulations under section 5(3).

(4) In this section "the Firemen's Pension Scheme" means any scheme
in force under section 17 of the Fire Services Act (Northern
Ireland) 1969 and any order or scheme made under section 10 of the
Fire Services (Amendment) Act (Northern Ireland) 1950 under which a
pension is payable by virtue of section 42(2)(b) of the said Act
of 1969.

PENSIONS (INCREASE) ACT (NORTHERN IRELAND) 1971 - SECT 13
Expenses.

13.(1) There may be defrayed out of money provided by Parliament

(a)any expenditure incurred by a government department under this
Act; and

(b)any increase attributable to any provision of this Act in the
sums payable out of money so provided under any other enactment.

(2) There shall be charged on and paid out of the Consolidated
Fund any increase attributable to any provision of this Act in sums
so charged or paid under any other enactment.

PENSIONS (INCREASE) ACT (NORTHERN IRELAND) 1971 - SECT 14
Regulations.

14. Regulations made under this Act shall be subject to negative
resolution.

PENSIONS (INCREASE) ACT (NORTHERN IRELAND) 1971 - SECT 15
Interpretation.

15.(1) For the purposes of this Act

"basic rate" means the annual rate of a pension apart from any
increase under or by reference to this Act or any enactment
repealed by this Act, or any corresponding increase made otherwise
than under or by reference to this Act or an enactment repealed by
it [but including any increase in the said annual rate in
consequence of the Pensions (Increase) (Northern Ireland) Order 1974];

"derivative pension" and "principal pension" mean, respectively, a
pension which is not, and one which is, payable in respect of the
pensioner's own services;

"designated body" has the meaning given by section 8 of the Local
Government (Superannuation) Act (Northern Ireland) 1950;

"earnings-related pension" means a pension computed by reference to a
rate of emoluments (whether actual emoluments or not and whether
final or average emoluments), or payable at alternative rates one of
which is so computed, and includes a derivative pension computed by
reference to the rate of an earnings-related pension;

"flat rate" means a rate fixed otherwise than by reference to a
rate of emoluments or to the rate of another pension, and
"flat-rate pension" means a pension payable at a flat rate only,
but includes a derivative pension computed by reference to the rate
of a flat-rate pension;

"local authority" has the meaning given by section 8 of the Local
Government (Superannuation) Act (Northern Ireland) 1950;

"local government service" means service under any local authority
and any service which, by virtue of the Local Government Staffs
(War Service) Act (Northern Ireland) 1939, is for superannuation
purposes treated as service under a local authority; and includes
any such service notwithstanding that the local authority concerned
have ceased to exist;

"pension" has the meaning given by section 8, "official pension"
that given by section 5(1), and "pension authority" that given by
section 7(1), and the time when a pension "begins" is that stated
in section 8(2);

"qualifying condition" means one of the conditions laid down by
section 3;

"substituted pension" means a pension granted in consideration of the
surrender of the whole or part of another pension ("the original
pension");

["widow's pension" means a pension payable in respect of the
services of the pensioner's deceased husband.]

(2) References in this Act to an enactment include an enactment in
an Act (whether public general or local) of the Parliament of
Northern Ireland or the Parliament of the United Kingdom and a
provisional order confirmed by such an Act.

PENSIONS (INCREASE) ACT (NORTHERN IRELAND) 1971 - SECT 16
Repeal, and transitional provisions.

16.Subs.(1), with Schedule 3, effects repeals

(2) Where at 31st August 1971 authority to increase any pensions
was given by regulations under any enactment repealed by subsection
(1), being an enactment corresponding to any provision of Part II,
then in respect of any period between that date and the coming
into force of regulations under that provision there may be paid on
those pensions the like increase, and the cost shall be defrayed in
the same way, as if this Act had not been passed; and the first
regulations made with respect to any pensions under any provision of
Part II may take effect from 1st September 1971, notwithstanding
that that date occurred before the passing of this Act, (but not
so as to reduce any increase payable by virtue of this subsection
in respect of a period before they come into force).

(3) Where at 31st August 1971 there were in force with respect to
any official pensions (other than pensions to which section 11 or
12(2) applies) regulations under any enactment repealed by subsection
(1), being an enactment corresponding to section 5(3), then unless
or until regulations come into force under section 5(3) with respect
to those pensions, or the Ministry by order directs that this
subsection shall not apply to them, those pensions shall not be
increased in accordance with this Act, but the like increases may
be paid as if this Act had not been passed.

(4) Except as otherwise provided by or under this Act, the repeal
by this Act of the Pensions (Increase) Acts (Northern Ireland) 1920
to 1969 shall not affect the operation of any provision made
otherwise than by or under those Acts and authorising increases in
pensions by reference to increases under those Acts or any of them.

PENSIONS (INCREASE) ACT (NORTHERN IRELAND) 1971 - SECT 17
Short title

17. This Act may be cited as the Pensions (Increase) Act (Northern
Ireland) 1971.

[Note:The year to be taken is that in which the pension is, under
section 8(2), to be treated as beginning.]

1. A pension payable under section 1 of the Ministerial Offices Act
(Northern Ireland) 1952.

[1A. A pension payable under Part II of the Ministerial Salaries
and Members' Pensions Act (Northern Ireland) 1965.]

[1B. A pension payable under section 15 of the Ministerial Salaries
and Members' Pensions Act (Northern Ireland) 1965.]

[1C. The pension payable under Mr. Speaker Stronge's Retirement Act
(Northern Ireland) 1969].

[1D. The pension payable under Mr. Speaker Neill's Retirement
(Northern Ireland) Order 1973.]

[1E. A pension payable under Article 2 of the Northern Ireland
Assembly (Presiding Officer's Pension) Order 1975.]

[1F. A pension payable under Article 9 or 10 of the Assembly
Pensions (Northern Ireland) Order 1976.]

2. A pension payable under the Superannuation Acts (Northern Ireland)
1967 and 1969 [or under a scheme made under Article 3 of the
Superannuation (Northern Ireland) Order 1972, being the principal
civil service pension scheme within the meaning of Article 4 of
that Order.]

3. A pension payable under the National School Teachers (Ireland)
Act 1879, or a superannuation scheme made under the Education Act
(Northern Ireland) 1923 (whether as originally enacted or as applied
by Order in Council), or under the Teachers (Superannuation) Acts
(Northern Ireland) 1950 to 1967 [or payable under regulations made
under Article 11 of the Superannuation (Northern Ireland) Order 1972]
[or under the Teachers Superannuation Regulations (Northern Ireland)
1972.]

This paragraph does not include any part of an annual allowance
that is payable by virtue of an election made under section 12(1)
of the Teachers (Superannuation) (Amendment) Act (Northern Ireland)
1956 [ or under any provision of regulations made under the said
Article 11 which corresponds to the said section 12(1).]

[3A. A pension payable to or in respect of a teacher under
regulations made under Article 19 of the Superannuation (Northern
Ireland) Order 1972 (compensation for loss of employment, etc.).]

Paras.4,5 rep. by 1975 NI 15 art.74(2) sch.6

6. A pension payable by the Ministry of Health and Social Services
in pursuance of regulations made under section 64 of the National
Insurance Act (Northern Ireland) 1946, or a pension payable by
virtue of regulations made under section 1 of the Superannuation
(Special Provisions) Act (Northern Ireland) 1948, not being a pension
specified in paragraph 2.

7. A pension payable by the Ministry of Health and Social Services
in pursuance of regulations made under section 67 of, and Schedule
8 to, the Health Services Act (Northern Ireland) 1971, or a pension
payable by that Ministry under section 24 of, or in pursuance of
regulations made under section 61 of, the Health Services Act
(Northern Ireland) 1948 [or in pursuance of regulations made under
Article 12 of the Superannuation (Northern Ireland) Order 1972].

[7A. A pension payable to or in respect of a person in relation
to whom regulations may be made under Article 12 of the
Superannuation (Northern Ireland) Order 1972, being a pension payable
under regulations made under Article 19 of that Order (compensation
for loss of employment, etc.).]

8. A pension payable by the Ministry of Finance under section 33
of the Agriculture Act (Northern Ireland) 1949.

Paras.9,10 rep. by 1975 NI 15 art.74(2) sch.6

11. The pension payable under section 75 of the Transport Act
(Northern Ireland) 1967 to the former chairman of the Transport
Tribunal for Northern Ireland.

[12. A pension payable under paragraph 6 of Schedule 10 to the
Social Security (Northern Ireland) Act 1975.]

[12A. A pension payable by way of compensation under regulations
made under section 4 of the Public Expenditure and Receipts Act
(Northern Ireland) 1968.]

[12B. A pension payable by a government department by way of such
compensation as is mentioned in section 8(1)(b).

[12C. A pension payable by a government department under any of the
enactments set out in the Second Schedule to the Local Government
(Superannuation) Act (Northern Ireland) 1950.]

13. A pension payable by any local authority solely in respect of
local government service, not being a pension specified in paragraph
14 or paragraph 15.

14. A pension payable under any regulations or scheme made in
pursuance of the provisions of the Local Government (Superannuation)
Act (Northern Ireland) 1950 [or any regulations made under Article 9
of the Superannuation (Northern Ireland) Order 1972], not being a
pension specified in paragraph 13.

[14A. A pension payable to or in respect of a person in relation
to whom regulations may be made under Article 9 of the
Superannuation (Northern Ireland) Order 1972, being a pension payable
under regulations made under Article 19 of that Order (compensation
for loss of employment, etc.).]

15. A pension payable under any enactment by a local authority in
respect of a service in a fire brigade or in respect of service
which by or under any enactment is treated as service in a fire
brigade, not being a pension specified in paragraph 16.

16. A pension payable in accordance with any scheme in force under
the Fire Services Act (Northern Ireland) 1969 or payable by virtue
of section 42(2)(b) of that Act

This paragraph does not include a flat-rate pension.

17. A pension payable by the Northern Ireland Hospitals Authority
under section 23 or section 60 of the Health Services Act (Northern
Ireland) 1948.

18. A pension payable by the Northern Ireland Hospitals Authority by
virtue of section 2 of the Health Services Act (Northern Ireland)
1958, being a pension which, immediately before 1st April 1959, was
a pension payable by the Northern Ireland Tuberculosis Authority
under section 9, section 10 or section 11 of the Public Health
(Tuberculosis) Act (Northern Ireland) 1946.

19. A pension payable by a local authority by way of such
compensation as is mentioned in section 8(1)(b) [or (c)].

[20. A pension payable by the Northern Ireland Transport Holding
Company under any of the following enactments:

(1)the Local Officers Superannuation Act (Ireland) 1869;

(2)Part III of the Belfast Corporation Act (Northern Ireland) 1943;

(3)Part II of the Belfast Corporation (General Powers) Act (Northern
Ireland) 1948;

(4)any regulations or scheme made in pursuance of the provisions of
the Local Government (Superannuation) Act (Northern Ireland) 1950.]

21. A pension payable by the Northern Ireland Transport Holding
Company by way of such compensation as is mentioned in section
8(1)(b).]

[22. A pension payable by an Education and Library Board by virtue
of Article 73 of the Education and Libraries (Northern Ireland)
Order 1972.]

Schedule 3Repeals