Financial Emergency Measures in the Public Interest Act 2013

Act Number18
Enactment Date05 Jun 2013


Number 18 of 2013


FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST ACT 2013

REVISED

Updated to 1 September 2019


This Revised Act is an administrative consolidation of the Financial Emergency Measures in the Public Interest Act 2013. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Judicial Council Act 2019 (33/2019), enacted 23 July 2019, and all statutory instruments up to and including National Treasury Management Agency (Amendment) Act 2014 (State Authority) Order 2019 (S.I. No. 446 of 2019), made 1 September 2019, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 18 of 2013


FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST ACT 2013

REVISED

Updated to 1 September 2019


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Financial Emergency in the Public Interest Act 2015 (39/2015)

All Acts up to and including Judicial Council Act 2019 (33/2019), enacted 23 July 2019, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Public Service Pension Rights (No. 2) Order 2015 (S.I. No. 547 of 2015)

Public Service Pension Rights Order 2015 (S.I. No. 145 of 2015)

Public Service Pension Rights Order 2014 (S.I. No. 199 of 2014)

All statutory instruments up to and including National Treasury Management Agency (Amendment) Act 2014 (State Authority) Order 2019 (S.I. No. 446 of 2019), made 1 September 2019, were considered in the preparation of this revision.


Number 18 of 2013


FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST ACT 2013

REVISED

Updated to 1 September 2019



Acts Referred to

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

2010, No. 24

Financial Emergency Measures in the Public Interest Act 2009

2009, No. 5

Financial Emergency Measures in the Public Interest (No. 2) Act 2009

2009, No. 41

Financial Emergency Measures in the Public Interest Act 2010

2010, No. 38

Financial Emergency Measures in the Public Interest (Amendment) Act 2011

2011, No. 39

Organisation of Working Time Act 1997

1997, No. 20

Public Service Pensions (Single Scheme and Other Provisions) Act 2012

2012, No. 37

Public Service Superannuation (Miscellaneous Provisions) Act 2004

2004, No. 7


Number 18 of 2013


FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST ACT 2013

REVISED

Updated to 1 September 2019


AN ACT, IN THE PUBLIC INTEREST, TO PROVIDE FOR—

(A) THE REDUCTION OF THE REMUNERATION OF CERTAIN PUBLIC SERVANTS (INCLUDING MEMBERS OF THE HOUSES OF THE OIREACHTAS, THE JUDICIARY AND CERTAIN OFFICE HOLDERS);

(B) THE REDUCTION OF THE AMOUNT OF THE PAYMENT OF PENSION OR OTHER BENEFITS (OTHER THAN LUMP SUMS) PAYABLE TO OR IN RESPECT OF CERTAIN PERSONS WHO ARE OR WERE IN THE PUBLIC SERVICE (INCLUDING MEMBERS AND FORMER MEMBERS OF THE HOUSES OF THE OIREACHTAS, FORMER MEMBERS OF THE JUDICIARY AND FORMER HOLDERS OF CERTAIN OFFICES) UNDER AN OCCUPATIONAL PENSION SCHEME OR PENSION ARRANGEMENT (BY WHATEVER NAME CALLED); AND

(C) THE ALTERATION OF THE OPERATION OF SCALES OF PAY FOR PUBLIC SERVANTS (INCLUDING THE SUSPENSION OF THE AWARDING, FOR A CERTAIN PERIOD, OF INCREMENTS UNDER THOSE SCALES),

AND TO PROVIDE FOR RELATED MATTERS.

[5 th June, 2013]

WHEREAS budgetary and fiscal measures have been taken by the State since 2009 to address a serious disturbance in the economy and a decline in the economic circumstances of the State that have occurred;

AND WHEREAS it is necessary for the State to achieve further significant savings in its expenditure, both directly and indirectly, on remuneration and in its expenditure on public service pensions as a contribution to the reduction of the shortfall between revenue and expenditure that is needed to put debt on a downward path;

AND WHEREAS the State is availing itself of a financial assistance programme established by the European Union and the International Monetary Fund with funding provided by the European Financial Stabilisation Mechanism, the European Financial Stability Facility, the bilateral lenders (the United Kingdom, the Kingdom of Sweden and the Kingdom of Denmark) and the International Monetary Fund and it is necessary to adopt a range of measures to meet commitments included in that programme to address the economic crisis in the State;

AND WHEREAS it is necessary for the State to take measures as part of remedial action to maintain the State’s path toward correcting the excessive deficit by 2015 in line with the recommendation to that effect of the Council of the European Union (Council Recommendation with a view to bringing to an end the situation of an excessive deficit in Ireland of 7 December 2010);

BE IT THEREFORE ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.

Interpretation.

1.— (1) In this Act—

“Act of 2009” means the Financial Emergency Measures in the Public Interest (No. 2) Act 2009;

“Act of 2010” means the Financial Emergency Measures in the Public Interest Act 2010;

“Act of 2011” means the Financial Emergency Measures in the Public Interest (Amendment) Act 2011;

“Act of 2012” means the Public Service Pensions (Single Scheme and Other Provisions) Act 2012;

“Minister” means the Minister for Public Expenditure and Reform.

(2) References in this Act—

( a) to an increment that may be awarded to a public servant are references to an increment, provided for in the applicable pay scale, that may be awarded to the public servant subject to there being satisfied the one or more conditions that are required by the pay scale, or a written statement governing its operation, to be satisfied before an award of such an increment may be made, and

( b) to a point on a pay scale shall be read accordingly.

2.

Reduction in remuneration of public servants who earn more than €65,000.

2.— The Act of 2009 is amended by inserting the following sections after section 2:

“Public servants’ remuneration: reduction, with effect from 1 July 2013, for certain public servants.

2A.— (1) In this section—

( a) a reference to a relevant provision shall, other than in the case of a public servant to whom section 10 (2) of the Financial Emergency Measures in the Public Interest Act 2013 relates, be read as a reference to that provision as it has effect, subject to any direction given under section 6, by virtue of the operation of section 2;

( b) a reference to the annual remuneration of a public servant is a reference to the public servant’s annual basic salary, together with any fixed, periodic allowance that is—

(i) reckonable for the purposes of calculating a pension entitlement of the public servant, and

(ii) paid to the public servant as part of his or her annual remuneration,

and, for the purposes of this section, the definition of ‘public servant’ in section 1 shall apply as if in paragraph ( e) of that definition the words ‘who was appointed to judicial office before the commencement of section 10 of the FinancialEmergency Measures in the Public Interest (Amendment) Act 2011’ were omitted.

(2) A relevant provision that fixes the remuneration, or any part of the remuneration, of a public servant whose annual remuneration exceeds €65,000 shall be taken to have been amended, with effect on and from 1 July 2013, in accordance with this section.

(3) Where the remuneration of a public servant is fixed by a relevant provision, then the relevant provision shall be taken to have been amended so that the remuneration is reduced in accordance with the Table to this section.

(4) Where the application to a public servant of subsections (2) and (3) and the Table to this section would result in his or her annual remuneration being reduced to less than €65,000, then those subsections and that Table shall only operate to reduce his or...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT