Financial Emergency Measures in the Public Interest Act 2010
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No power to pay public service pension other than in accordance with section 2 . |
5.— (1) Where the amount of a public service pension is reduced by section 2 — | |
(a) a pensioner is not entitled to receive an amount of public service pension greater than the amount so reduced, and | ||
(b) no paying authority is entitled to pay an amount of public service pension to the pensioner greater than the amount so reduced. | ||
(2) If a paying authority pays to a pensioner an amount of public service pension greater than the amount reduced under section 2 , then— | ||
(a) the pensioner shall have no legal entitlement to the overpayment, and | ||
(b) the paying authority shall recover the amount of the overpayment from the pensioner, either directly or by a deduction taken from the public service pension subsequently payable to that pensioner or otherwise. | ||
(3) Subsection (2) shall not be taken as limiting the liability under statute of any person to account for such overpayment. | ||
(4) Where an overpayment of an amount to which subsection (2) relates has not been recovered by the paying authority concerned, the Minister may direct in writing that authority to recover, by a specified date, the amount in accordance with subsection (2)(b) and, where that authority fails or refuses to so recover the amount, the Minister may deduct the amount from any grant or vote, or other payment, to that authority out of moneys provided directly or indirectly by the Oireachtas or from the Central Fund or the growing produce of that Fund. |