Public Service Pay and Pensions Act 2017

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Number 34 of 2017


PUBLIC SERVICE PAY AND PENSIONS ACT 2017


CONTENTS

PART 1

Preliminary and General

1. Short title and commencement

2. Interpretation

3. Covered and non-covered public servants - meaning

4. Repeal

PART 2

Remuneration - Public Servants Generally

Chapter 1

Preliminary

5. Interpretation (Part 2)

6. Further pay restoration and supplemental provisions concerning Part’s effect

Chapter 2

Restoration of Covered Public Servants’ Pay

7. Restoration of covered public servants’ pay: provisions for 2018

8. Covered public servants: restoration of pay provisions for 2019

9. Construction of certain references for purposes of pay restoration provisions in section 10

10. Covered public servants: restoration of pay provisions for 2020

11. Equal pay for new entrants

Chapter 3

Restoration of Non-covered Public Servants’ Pay

12. Restoration of non-covered public servants’ pay: provisions for 2018

13. Non-covered public servants: restoration of pay provisions for 2019

14. Construction of certain references for purposes of pay restoration provisions in section 15

15. Non-covered public servants: restoration of pay provisions for 2020 and 2021

Chapter 4

Provisions Supplementing Chapters 2 and 3

16. Correction of anomalies consequential on operation of preceding provisions of Part

17. Interaction between certain provision of section 6C of No. 2 Act of 2009 and preceding provisions

18. Provision regarding operation of section 6C(3) of No. 2 Act of 2009

Chapter 5

Completion of Pay Restoration

19. Public servants falling within certain pay range: provision to complete restoration of their pay

20. Public servants falling within certain pay range not covered by section 19: provision to complete restoration of their pay

21. Exclusion of completion of pay restoration in the case of certain officeholders

Chapter 6

Miscellaneous

22. Operation of pay scale in relation to non-covered public servant

23. Amendment of section 5 of No. 2 Act of 2009

24. Repeal of certain provisions of No. 2 Act of 2009

PART 3

Public Service Pension Reduction

25. Amendment of section 2 of Act of 2010

26. Amendment of section 2A of Act of 2010

27. Provision in respect of amounts of public service pension not restored by preceding provisions

PART 4

Additional Superannuation Contribution

28. Interpretation (Part 4)

29. Pensionable pay

30. Relevant benefit

31. Application of Part

32. Additional superannuation contribution

33. Payment of additional superannuation contribution for 2019 and 2020 (covered public servant)

34. Payment of additional superannuation contribution for 2019 and 2020 (non-covered public servant)

35. Payment of additional superannuation contribution for 2021 and subsequent years

36. Membership of multiple schemes

37. Central Bank of Ireland

38. Regulations in relation to collection arrangements, etc.

39. Obligation to make payments into Exchequer, etc.

40. Contributions made by certain persons who cease to be public servants

41. Removal of doubts

PART 5

Regulation of Fees and Other Payments

42. Regulation of fees and other payments

PART 6

Transitional Provisions

43. Regulations under Act of 2009

44. Repayment of deductions under Act of 2009

PART 7

Miscellaneous

45. Regulations and orders


Acts Referred to

Central Bank Act 1942 (No. 22)

Competition Act 2002 (No. 14)

Financial Emergency Measures in the Public Interest (No. 2) Act 2009 (No. 41)

Financial Emergency Measures in the Public Interest Act 2009 (No. 5)

Financial Emergency Measures in the Public Interest Act 2010 (No. 38)

Financial Emergency Measures in the Public Interest Act 2013 (No. 18)

Financial Emergency Measures in the Public Interest Act 2015 (No. 39)

Pensions Act 1990 (No. 25)

Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37)

Taxes Consolidation Act 1997 (No. 39)

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Number 34 of 2017


PUBLIC SERVICE PAY AND PENSIONS ACT 2017


An Act, in the public interest, to provide for—

(A) a further restoration, that is a restoration further to that provided in consequence of legislation enacted in 2015, of the remuneration of certain persons in the public service that had been the subject of a reduction effected by legislation enacted in 2009, 2011 or 2013, and for that purpose to repeal or amend certain of the foregoing legislation;

(B) an increase in the amount of pension or other benefits, other than lump sums, (being the amount of pension or other benefits at the level at which they stand fixed, before the passing of this Act, in consequence of legislation enacted in 2010, 2013 or 2015) payable to or in respect of certain persons who were in the public service under an occupational pension scheme or arrangement (by whatever name called) and for that purpose to amend certain of the foregoing legislation;

(C) the repeal of the Financial Emergency Measures in the Public Interest Act 2009;

(D) the payment of an additional superannuation contribution by certain persons in the public service who are members of a public service pension scheme;

(E) the regulation of certain fees and other payments in respect of services rendered to or on behalf of the State;

and to provide for related matters.

[16th December, 2017]

WHEREAS the economic recovery has progressed to a level that the economy is now more balanced than heretofore, with a considerable improvement in the State’s international competitiveness and fiscal position being witnessed (and this recital and those following it relate to Parts 2 and 3 and 5 to 7 of this Act):

AND WHEREAS the economy remains vulnerable, in significant respects, due to various factors, including, domestically, from high levels of public and private debt and, internationally, by reason of the process initiated by the United Kingdom to withdraw from membership of the European Union and the uncertainty associated with the risk of protectionist trade and taxation policies:

AND WHEREAS reductions in the remuneration and superannuation of public servants and former public servants effected by legislation enacted in the last 8 years have materially contributed to the stabilisation of the public finances:

AND WHEREAS there is an obligation on the part of the State to have a prudent fiscal policy under the Stability and Growth Pact and the Fiscal Compact and the repeal of the foregoing legislation in one Budget year would not be sustainable in financial terms but its repeal, in a phased manner, over a number of years would be so sustainable:

Be it enacted by the Oireachtas as follows: