Public Service Pay Act 2021
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Number 15 of 2021 | ||
PUBLIC SERVICE PAY ACT 2021 | ||
CONTENTS | ||
Section | ||
4. Amendment of section 16A of Ministers and Secretaries (Amendment) Act 2011 | ||
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Acts Referred to | ||
Financial Emergency Measures in the Public Interest (No. 2) Act 2009 (No. 41) | ||
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Number 15 of 2021 | ||
PUBLIC SERVICE PAY ACT 2021 | ||
An Act to provide for the adjustment of the restrictions, contained in the Financial Emergency Measures in the Public Interest (No. 2) Act 2009 , on increasing the remuneration payable to public servants and for that purpose to amend that Act and the Ministers and Secretaries (Amendment) Act 2011 ; and to provide for related matters. | ||
[5th July, 2021] | ||
Be it enacted by the Oireachtas as follows: | ||
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Definition | ||
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1. In this Act, “Act of 2009” means the Financial Emergency Measures in the Public Interest (No. 2) Act 2009 . | ||
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Amendment of section 4 of Act of 2009 | ||
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2. Section 4 of the Act of 2009 is amended— | ||
(a) by the substitution of the following subsection for subsection (2): | ||
“(2) An amendment of a relevant provision amended by section 2 or 2A that would have the effect of increasing the remuneration payable to a public servant may only be made, and shall have such effect— | ||
(a) where— | ||
(i) the amendment is made by the Minister, including where it is made for a purpose referred to in paragraph (b), and | ||
(ii) the relevant provision is not— | ||
(I) a provision of an Act of the Oireachtas, or | ||
(II) a relevant provision that is made under an Act of the Oireachtas, save where that relevant provision is so made by the Minister, | ||
or | ||
(b) where— | ||
(i) the amendment is made by a person (other than the Minister)— | ||
(I) for the purposes of complying with any order of a court in respect of which there is no stay in being, or | ||
(II) for the purposes of complying with any enforceable determination of the Labour Court in respect of which there is no stay in being, | ||
and | ||
(ii) the relevant provision is not— | ||
(I) a provision of an Act of the Oireachtas, or | ||
(II) a relevant provision that is made under an Act of the Oireachtas, save where that relevant provision is so made by the person first-mentioned in subparagraph (i).”, | ||
and | ||
(b) in subsection (3), by the substitution of “subsection (2)(b)(i)” for “subsection (2)”. | ||
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Amendment of section 5 of Act of 2009 | ||
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3. Section 5 of the Act of 2009 is amended, in subsection (2), by the insertion of “, in respect of a period falling between 1 January 2010 and the date on which the Public Service Pay Act 2021 comes into operation,” after “pays remuneration to a public servant”. | ||
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Amendment of section 16A of Ministers and Secretaries (Amendment) Act 2011 | ||
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4. Section 16A of the Ministers and Secretaries (Amendment) Act 2011 is amended— | ||
(a) in subsection (10), by the substitution of “Subject to subsection (10A), this section” for “This section”, and | ||
(b) by the insertion of the following subsection after subsection (10): | ||
“(10A) Where a contract of employment is amended in accordance with section 4 (2) of the Financial Emergency Measures in the Public Interest (No. 2) Act 2009 — | ||
(a) by the amendment or substitution of an existing term or condition of the contract, or | ||
(b) by the insertion of a new term or condition in the contract, | ||
this section shall not apply to the term or condition as so amended, substituted or inserted, as the case may be.”. | ||
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Short title | ||
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5. This Act may be cited as the Public Service Pay Act 2021. |
