Financial Emergency Measures in the Public Interest Act 2010

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Number 38 of 2010

FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST ACT 2010

ARRANGEMENT OF SECTIONS

Section

1. Interpretation.

2. Reduction in public service pension.

3. Calculation of public service pension not affected.

4. Obligation on paying authorities to make payments.

5. No power to pay public service pension other than in accordance with section 2.

6. Exemption, etc., from operation of section 2 in certain circumstances.

7. Amendment of section 2 of Act of 2009.

8. Amendment of section 3 of Act of 2009.

9. Amendment of Act of 2009.

10. Annual review and report to Houses of the Oireachtas.

11. Regulations.

12. Removal of doubts.

13. Amendment of National Minimum Wage Act 2000.

14. Short title.

SCHEDULE

Bodies to which the definition of “public service body” does not apply

Acts Referred to

Number 38 of 2010

FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST ACT 2010

AN ACT, IN THE PUBLIC INTEREST, TO PROVIDE FOR 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 FORMER HOLDERS OF CERTAIN OFFICES, MEMBERS AND FORMER MEMBERS OF THE HOUSES OF THE OIREACHTAS AND FORMER MEMBERS OF THE JUDICIARY) UNDER AN OCCUPATIONAL PENSION SCHEME OR PENSION ARRANGEMENT (BY WHATEVER NAME CALLED) WHICH IS PROVIDED FOR UNDER THE SUPERANNUATION ACTS 1834 TO 1963 OR ANY OTHER ENACTMENT OR ADMINISTRATIVE MEASURE TO LIKE EFFECT, OR IS REQUIRED TO BE MADE, APPROVED OF OR CONSENTED TO (HOWEVER EXPRESSED) BY ONE OR MORE THAN ONE MINISTER OF THE GOVERNMENT; TO AMEND THE FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST (NO. 2) ACT 2009 AND THE NATIONAL MINIMUM WAGE ACT 2000 ; AND TO PROVIDE FOR RELATED MATTERS.

[22nd December, 2010]

WHEREAS a serious disturbance in the economy and a decline in the economic circumstances of the State have occurred and are continuing, which threaten the well-being of the community;

AND WHEREAS as a consequence a serious deterioration in the revenues of the State has occurred and there are significant and increasing State commitments in respect of public service pensions;

AND WHEREAS it is necessary to cut current Exchequer spending substantially to demonstrate that public expenditure is being significantly controlled so as to ensure access to international funding and to improve the State’s international competitiveness;

AND WHEREAS the State is availing of financial assistance programmes provided by the European Financial Stabilisation Mechanism and the European Financial Stability Facility and the International Monetary Fund and it is necessary to take the measures in this Act as part of a range of measures provided for in those programmes to address the economic crisis in the State and to restore domestic and international confidence and to prevent a sovereign debt crisis affecting the State;

AND WHEREAS the expenditure on public service pensions is unsustainable and it is necessary to make reductions in payment to ensure that the State has sufficient resources to discharge its commitments and to enable it to provide public services;

AND WHEREAS the burden of a pension-related deductionand a reduction of remuneration has been borne by public servants and it is equitable that public service pensioners should share that burden;

AND WHEREAS the benefit of public service pensions is and will remain, after the enactment of the following Act, significantly and markedly more favourable than those generally available in other employment—

BE IT THEREFORE ENACTED BY THE OIREACHTAS AS FOLLOWS: