Pensions (Increase) Regulations, 1980

• Jurisdiction: Ireland
• Citation: IR SI 413/1980
• Year: 1980

S.I. No. 413 of 1980.
PENSIONS (INCREASE) REGULATIONS, 1980
I, GENE FITZGERALD, 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 Short title and collective citation	1. (1) These Regulations may be cited as the Pensions (Increase) Regulations, 1980.
(2) The Pensions (Increase) Regulations, 1967 to 1978, and these Regulations may be cited together as the Pensions (Increase) Regulations, 1967 to 1980.
	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", "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);
"the deceased" and "the deceased's pension" shall have the meanings respectively assigned to them in the appropriate scheme specified in Regulation 3 ( b ) of these Regulations.
	3 Additions to Parts I and II of the Schedule of the Act of 1964	3. For the purposes of these Regulations and subsequent Regulations under section 29 of the Act of 1964—
( a ) the following paragraph is hereby added to Part I of the Schedule to the Act of 1964:
"(y) A pension granted under the Land Commissioners' Pension Scheme, 1979 ( S.I. No. 217 of 1979 )".
( b ) the following is hereby added to Part II of the Schedule to the Act of 1964:
"(i) a pension granted under the following schemes:
( A ) Civil Service Widows' and Children's Contributory Pension Scheme, 1977 ( S.I. No. 132 of 1977 ), and Civil Service Widows' and Children's Contributory Pension Scheme, 1979 ( S.I. No. 177 of 1979 ),
( B ) Civil Service Widows' and Children's Ex Gratia Pension Scheme, 1977 ( S.I. No. 133 of 1977 ), and Civil Service Widows' and Children's Ex Gratia Pension Scheme, 1979 ( S.I. No. 175 of 1979 ),
( C ) Widows' and Children's (Miscellaneous Offices) Contributory Pension Scheme, 1978 ( S.I. No. 5 of 1978 ), and Widows' and Children's (Miscellaneous Offices) Contributory Pension Scheme, 1979 ( S.I. No. 178 of 1979 ),
( D ) Widows' and Children's (Miscellaneous Offices) Ex Gratia Pension Scheme, 1978 ( S.I. No. 4 of 1978 ), and Widows' and Children's (Miscellaneous Offices) Ex Gratia Pension Scheme, 1979 ( S.I. No. 179 of 1979 )".
	4 General provisions relating to certain pensions	4. (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, 1979, or (where appropriate) a later day determined under Regulation 16 or 18 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.
	5 Construction of certain references	5. (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 those 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.
	6 Scheduled pensions (Part II (i))	6. (1) The provisions of the Pensions (Increase) Regulations 1969 to 1978, as applied to 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), shall, from the 1st day of July, 1978, have effect in relation to a pension calculated by reference to the deceased's pension and granted under a scheme mentioned in paragraph (i) of Part II of the Schedule to the Act of 1964 (inserted by Regulation 3 (b) of these Regulations).
Scheduled pensions (Part I and Part II (i)) —General.
(2) 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), and in paragraph (i) of Part II of the Schedule to the Act of 1964 (inserted by Regulation 3 (b) of these Regulations),
( b ) was in course of payment in whole or in part on the 1st day of July, 1979, 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, 1979 are on the like basis as if, on the date of retirement, the person including the deceased (as defined in the appropriate scheme mentioned in paragraph (i) of Part II of the Schedule to the Act of 1964 (inserted by Regulation 3 (b) of these Regulations)) 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, 1979, 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.
	7 Scheduled pensions (Part I)-Dáil and Seanad members	7. 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, to £1,470.24 and from the 1st day of July, 1979, to £1,918.08 in the case of a pension awarded to a person who was a member of Dáil Éireann only.
	8 Scheduled pensions (Part I and Part II (i) ) salary or weekly pay	8. (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) and in paragraph (i) of Part II of the Schedule to the Act of 1964 (inserted by Regulation 3 (b) of these Regulations),
( b ) was in course of payment in whole or in part on the 1st day of July, 1979, 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, 1979, 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, 1979.
	9 Revision of certain emoluments	9. (1) Where emoluments other than salary or weekly pay have been reckoned for a pension which is to be increased under Regulation 6 (2), (8), 13 (2), 14 (2) or 14 (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, 1979.
(2) For the purposes of this Regulation, an amount determined by the Minister pursuant to Article 4 (2) (b) of the...