SI. No. [381] of 2002

REGULATIONS

Pensions (Increase) Regulations 2002

S.I. No. 381 of 2002

Pensions (Increase) Regulations 2002

PART 1

PRELIMINARY AND GENERAL

PART 2

INCREASE OF PENSIONS AND ALLOWANCES

PART 3

MISCELLANEOUS PROVISIONS

SCHEDULE

GENERAL INCREASES AUTHORISED BY THE MINISTER FOR FINANCE IN THE RATES OF SALARY OR WEEKLY PAY OF ESTABLISHED CIVIL SERVANTS

I, Charlie McCreevy, Minister for Finance, in exercise of the powers conferred on me by section 29 of the Pensions (Increase) Act 1964 ( No. 10 of 1964 ), make the following Regulations:

PART 1

PRELIMINARY AND GENERAL

Title and collective citation.

1.         (1)        These Regulations may be cited as the Pensions (Increase) Regulations 2002.

(2)        The Pensions (Increase) Regulations 1967 to 1984 and these Regulations may be cited together as the Pensions (Increase) Regulations 1967 to 2002.

Definitions.

2.         In these Regulations -

“Act of 1964” means Pensions (Increase) Act 1964 ( No. 10 of 1964 );

“appropriate date” means --

(a)       date of retirement, in the case of a person who did not die while in the relevant pensionable service,

(b)       date of death, in the case of a person who died while in the relevant pensionable service, or

(c)       date of injury, in the case of a person in receipt of an annual allowance referred to in paragraph (h) of Part I of the Schedule to the Act of 1964;

“date of retirement” and “scheduled pension” have the meanings assigned to them by the Act of 1964;

“deceased” has the meaning assigned to it by the appropriate scheme referred to in paragraph (i) of Part II of the Schedule to the Act of 1964;

“established civil servant” has the meaning assigned to it by No. 22 of 1976 );

“general increase” means an increase authorised by the Minister and specified in column (2) of the Schedule to these Regulations in the rates of salary or weekly pay of established civil servants expressed as a percentage of those rates subject to the modification (if any) specified in column (3) of that Schedule opposite the mention of the increase;

“general increase date” means each date specified in column (1) of the Schedule to these Regulations with effect from which a general increase specified in column (2) of that Schedule opposite the mention of that date was authorised by the Minister;

“Minister” means Minister for Finance;

“Programme for Competitiveness and Work” means the Programme known as the Programme for Competitiveness and Work dated December 1993 agreed by the Government, the Irish Congress of Trade Unions, the Irish Business and Employers Confederation, the Construction Industry Federation, the Irish Farmers Association, the Irish Creamery Milk Suppliers Association, the Irish Co-Operative Society and Macra na Feirme;

“relevant scheduled pension” has the meaning assigned to it by Regulation 6 of these Regulations;

“special increase” means an increase, other than a general increase, authorised from time to time by the Minister in the rates of salary or weekly pay of established civil servants -

(a)       in respect of a specified established civil service grade or post,

(b)       in respect of a number of established civil service grades or posts, or

(c)       arising from the amalgamation of such grades or posts,

but excludes an increase authorised by the Minister in respect of serving civil servants on a personal basis or an increase authorised by the Minister in respect of -

(i)         the assignment of additional or higher duties to a grade or post,

(ii)        changes in work practices agreed with the civil servant or civil servants concerned aimed at securing greater efficiency or economy, or

(iii)       the assignment of a rate, higher than the existing rate, of salary or weekly pay to some civil servants in a particular grade;

“special increase date” means each date after 1 July 1986 with effect from which a special increase was authorised by the Minister.

Construction of references to amount of pension.

3.         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.

General provision relating to relevant scheduled pensions.

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

(2)       In this Regulation the “relevant date” means a date specified in Regulation 7 of these Regulations, a general increase date or a special increase date, as may be appropriate.

Amendment of Schedule to Act of 1964.

5.         The Schedule to the Act of 1964 is amended -

(a)       by the addition of the following paragraph to Part I:

“(z)       A pension granted under section 28 of the Finance (Miscellaneous Provisions) Act 1968 ( No. 7 of 1968 ).”, and

(b)       by the insertion in Part V of “of an office or” after “in respect of services”.

PART 2

INCREASE OF PENSIONS AND ALLOWANCES

Application of this Part to relevant scheduled pensions.

6.         This Part applies to a scheduled pension (in these Regulations referred to as a “relevant scheduled pension”) being a pension or allowance specified in -

(a)       paragraph (g), (h), (i), (k), (p), (r), (y) or (z) (inserted by Regulation 5 of these Regulations) of Part I of the Schedule to the Act of 1964, or

(b)       paragraph (i) of Part II of the Schedule to the Act of 1964.

Increases of relevant scheduled pensions.

7.         (1)        A relevant scheduled pension which was in course of payment on 1 September 1983 shall, with effect from that date, be increased by 4.75 per cent of the amount of such pension.

(2)        A relevant scheduled pension which was in course of payment on 1 February 1984 shall, with effect from that date, be increased by 3.25 per cent of the amount of such pension.

(3)        (a)       A relevant scheduled pension which -

(i)         was in course of payment in whole or in part on 1 July 1984, and

(ii)        is not a pension to be increased under subparagraph (b) of this paragraph,

shall be so increased that payments thereof in respect of any period beginning on or after 1 July 1984 are on the like basis as if, on the appropriate date, the person, including the deceased, to or in respect of whom the pension is payable was in receipt of the remuneration of which he or she would have been in receipt if the rates of salary or weekly pay which first commenced to be paid on 1 July 1984 had first become payable on the appropriate date in lieu of the rates actually payable.

(b)       A relevant scheduled pension which -

(i)         was in course of payment in whole or in part on 1 July 1984, and

(ii)        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 1 July 1984 are on the like basis as if the pension was calculated by reference to the rates of salary or weekly pay which first commenced to be paid on 1 July 1984 in respect of each of the annual amounts of salary or weekly pay computed in the amount referred to in clause (ii) of this subparagraph.

(4)        A relevant scheduled pension which was in course of payment on 1 January 1985 shall, with effect from that date, be increased by 3 per cent of the amount of such pension.

(5)        (a)       A relevant scheduled pension which -

(i)         was in course of payment in whole or in part on 1 July 1985, and

(ii)        is not a pension to be increased under subparagraph (b) of this paragraph,

shall be so increased that payments thereof in respect of any period beginning on or after 1 July 1985 are on the like basis as if, on the appropriate date, the person, including the deceased, to or in respect of whom the pension is payable was in receipt of the remuneration of which he or she would have been in receipt if the rates of salary or weekly pay which first commenced to be paid on 1 July 1985 had first become payable on the appropriate date in lieu of the rates actually payable.

(b)       A relevant scheduled pension which -

(i)         was in course of payment in whole or in part on 1 July 1985, and

(ii)        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 1 July 1985 are on the like basis as if the pension was calculated by reference to the rates of salary or weekly pay which first commenced to be paid on 1 July 1985 in respect of each of the annual amounts of salary or weekly pay computed in the amount referred to in clause (ii) of this subparagraph.

(6)        A relevant scheduled pension which was in course of payment on 1 May 1986 shall, with effect from that date, be increased by 3 per cent of the amount of such pension.

(7)        (a)       A relevant scheduled pension which -

(i)         was in course of payment in whole or in part on 1 July 1986, and

(ii)        is not a pension to be increased under subparagraph (b) of this paragraph,

shall be so increased that payments thereof in respect of any period beginning on or after 1 July 1986 are on the like basis as if, on the appropriate date, the person, including the deceased, to or in respect of whom the pension is payable was in receipt of the remuneration of which he or she would have been in receipt if the rates of salary or weekly pay which first commenced to be paid on 1 July 1986 had first become payable on the appropriate date in lieu of the rates actually payable.

(b)       A relevant scheduled pension which -

(i)         was in course of payment in whole or in part on 1 July 1986, and

(ii)        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 1 July 1986 are on the like basis as if the pension was calculated by reference to the rates of salary or weekly pay which first commenced to be paid on 1 July 1986 in respect of each of the annual amounts of salary or weekly pay computed in the amount referred to in clause (ii) of this subparagraph.

Further increases of relevant scheduled pensions.

8.         (1)        (a)       A relevant scheduled pension which -

(i)         was in course of payment in whole or in part on a general increase date, and

(ii)        is not a pension to be increased under subparagraph (b) of this paragraph,

shall be so increased that payments thereof in respect of any period beginning on or after each such date are on the like basis as if, on the appropriate date, the person, including the deceased, to or in respect of whom the pension is payable was in receipt of the remuneration of which he or she would have been in receipt if the rates of salary or weekly pay which first commenced to be paid on the general increase date concerned had first become payable on the appropriate date in lieu of the rates actually payable.

(b)       A relevant scheduled pension which -

(i)         was in course of payment in whole or in part on a general increase date, and

(ii)        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 each such date are on the like basis as if the pension was calculated by reference to the rates of salary or weekly pay which first commenced to be paid on the general increase date concerned in respect of each of the annual amounts of salary or weekly pay computed in the amount referred to in clause (ii) of this subparagraph.

(2)        (a)       Subject to paragraphs (3), (4) and (5) of this Regulation, a relevant scheduled pension which -

(i)         was in course of payment in whole or in part on a special increase date, and

(ii)        is not a pension to be increased under subparagraph (b) of this paragraph,

shall be so increased that payments thereof in respect of any period beginning on or after each such date are on the like basis as if, on the appropriate date, the person, including the deceased, to or in respect of whom the pension is payable was in receipt of the remuneration of which he or she would have been in receipt if the rates of salary or weekly pay which first commenced to be paid on the special increase date concerned had first become payable on the appropriate date in lieu of the rates actually payable.

(b)       Subject to paragraphs (3), (4) and (5) of this Regulation, a relevant scheduled pension which -

(i)         was in course of payment in whole or in part on a special increase date, and

(ii)        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 each such date are on the like basis as if the pension was calculated by reference to the rates of salary or weekly pay which first commenced to be paid on the special increase date concerned in respect of each of the annual amounts of salary or weekly pay computed in the amount referred to in clause (ii) of this subparagraph.

(3)        A relevant scheduled pension payable to or in respect of a person who held the rank of Assistant Secretary and who retired, or died in service, prior to 1 January 1990 shall, with effect from that date, be so revised that payments thereof are on the like basis as if, on the appropriate date, the person was in receipt of the remuneration of which that person would have been in receipt if the performance-related pay arrangements which were implemented with effect from 1 April 1990 had been implemented with effect from the appropriate date and if, for the purposes of those pay arrangements, that person's performance as Assistant Secretary had been rated as being of at least a satisfactory standard by the head (by whatever name called) of the Department of State or office or branch of the civil service in which that person had served.

(4)        In the case of a relevant scheduled pension payable to or in respect of a person who held the rank of Secretary General (formerly Secretary) of a Department of State or a person who held any other rank the salary for which is reviewable by the Review Body on Higher Remuneration in the Public Sector, paragraph (2) of this Regulation shall not apply except with the express authorisation of the Minister, and the Minister may in such a case direct that the application of paragraph (2) be modified in such manner as the Minister deems appropriate.

(5)        Subject to paragraph (6) of this Regulation, if the revision of a pension under paragraph (2) of this Regulation in respect of a special increase authorised by clause 2(iii) of Annex 1 to the Programme for Competitiveness and Work results in an increase of less than 3 per cent of the amount of the pension, the revision shall not be made but instead such a pension shall be increased in the following manner, namely -

(a)       if the pension was not increased by one per cent of the amount of the pension with effect from 1 April 1994, by 3 per cent of the amount of the pension with effect from 1 September 1995, and

(b)       if the pension was increased by one per cent of the amount of the pension with effect from 1 April 1994, by 2 per cent of the amount of the pension with effect from 1 May 1996.

(6)        Paragraph (5) of this Regulation shall not apply to a relevant scheduled pension if the person to or in respect of whom the pension is payable retired, or died in service, on or after the first date with effect from which a special increase referred to in that paragraph was, or would have been, payable to that person.

Revision of certain emoluments.

9.         Where emoluments other than salary or weekly pay have been reckoned for a pension which is to be increased under Regulation 7 or 8 of these Regulations, the Minister may, if he or she so thinks fit, determine a revised amount of emoluments in relation to the pension and, if the Minister so determines a revised amount of emoluments, the pension shall be recalculated by reference to the revised amount of emoluments before it is so increased.

PART 3

MISCELLANEOUS PROVISIONS

Disputes, etc.

10.       Any doubt, question or dispute arising under these Regulations in relation to a relevant scheduled pension shall be decided by the Minister, whose decision thereon shall be final.

SCHEDULE

GENERAL INCREASES AUTHORISED BY THE MINISTER FOR FINANCE IN THE RATES OF SALARY OR WEEKLY PAY OF ESTABLISHED CIVIL SERVANTS

Regulations 2 and 8(1)

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The Regulations give statutory effect to pensions increases for retired civil servants and the spouses of deceased civil servants in the period from 1 September 1983 to 1 October 2001, both dates inclusive.