Financial Emergency Measures in the Public Interest Act 2013
What is this act about?
This law, the Financial Emergency Measures in the Public Interest Act 2013, is about reducing the pay and pensions of certain public servants and altering their pay scales to help the State save money during an economic crisis. It aims to address a serious disturbance in the economy and reduce the shortfall between government revenue and expenditure.
Who it applies to: Public servants, including members of the Houses of the Oireachtas, the judiciary, and certain office holders; Persons who are or were in the public service and receive occupational pensions or other benefits.
At a glance
- Country
- Ireland
- Area of law
- Social security
- Articles
- 13
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- The reduction of remuneration for certain public servants.
- The reduction of certain public service pensions.
- The alteration of pay scales for public servants, including the suspension of increments.
- Amendments to previous Financial Emergency Measures in the Public Interest Acts.
Who does this act apply to?
- Public servants, including members of the Houses of the Oireachtas, the judiciary, and certain office holders.
- Persons who are or were in the public service and receive occupational pensions or other benefits.
What are the key points?
- Remuneration of public servants earning more than €65,000 is reduced, effective from July 1, 2013.
- The reduction rates for remuneration are: up to €80,000 (5.5%), over €80,000 but not over €150,000 (8%), over €150,000 but not over €185,000 (9%), and over €185,000 (10%).
- If applying these reductions would lower annual remuneration below €65,000, it will only be reduced to €65,000.
- Powers to fix terms and conditions for public servants may be exercised to result in less favourable remuneration or increased working time (within limits of the Organisation of Working Time Act 1997).
Social security
Legal text
Legal text
Financial Emergency Measures in the Public Interest Act 2013 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2013 Financial Emergency Measures in the Public Interest Act 2013 Financial Emergency Measures in the Public Interest Act 2013 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 18 of 2013 FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST ACT 2013 ARRANGEMENT OF SECTIONS Section
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 13
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 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. [5th 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:
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.
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
Table Reduction in Remuneration of Public Servants Earning More Than €65,000 Annualised amount of Remuneration Reduction Up to €80,000 5.5 per cent Any amount over €80,000 but not over €150,000 8 per cent Any amount over €150,000 but not over €185,000 9 per cent Any amount over €185,000 10 per cent Alteration of remuneration (other than basic salary) or working time of public servants.
2B.— (1) In this section— ‘Act of 1997’ means the Organisation of Working Time Act 1997 ; ‘remuneration’ does not include basic salary; ‘working time’ has the meaning it has in the Act of 1997.
Consequential amendments of Act of 2009.
3.— (1) The definition of “public servant” in section 1 of the Act of 2009 is amended by inserting “, subject to section 2A (inserted by the Financial Emergency Measures in the Public Interest Act 2013),” before “means a person”.
Amendment of definition of “pensioner” in Act of 2010.
4.— The definition of “pensioner” in section 1 of the Act of 2010 is amended by inserting “, subject to section 2A (inserted by the Financial Emergency Measures in the Public Interest Act 2013),” before “means a person”.
Reduction in certain public service pensions.
5.— (1) In this section “public service pension” has the meaning it has in the Act of 2010.
2A.— (1) For the purposes of this section— (a) the definition of ‘pensioner’ in section 1 shall apply with the modification that references to the relevant date in paragraphs (b) and (c) of the definition shall be read as references to 31 August 2014 or such other date as may be specified in accordance with section 9
Table Annual Pensions of Relevant (Post 29 February 2012) Pensioners Annualised amount of public service pension Reduction Up to €12,000 Exempt Any amount over €12,000 but not over €24,000 2 per cent Any amount over €24,000 but not over €60,000 3 per cent Any amount over €60,000 but not over €100,000 5 per cent Any amount over €100,000 8 per cent
Consequential amendments of Act of 2010.
6.— (1) The definition of “aggregation of public service pensions” (inserted by the Act of 2012) in section 1 of the Act of 2010 is amended by inserting “or subsection (5) of section 2A” after “subsection (1A) of section 2” and substituting “subsection (1) of section 2 or subsection (3) of section 2A, as the case may be,” for “subsection (1) of that section”.
Pay scales: suspension, subject to exceptions, for certain period.
7.— (1) Subject to the provisions of this section and section 8 , for the period of 3 years beginning on 1 July 2013— (a) no increment shall be awarded to a public servant; and (b) the operation of the pay scale that applies in respect of a public servant shall stand suspended, and with the effect that— (i) the point on that pay scale that shall be applicable in respect of a public servant on 1 July 2016 shall be that which was applicable on 1 July 2013 in respect of him or her, and (ii) the operation of that pay scale, on and from 1 July 2016, shall be by reference to service of the public servant on and from 1 July 2016, but this is subject to subsection (2).
Exemption, etc., from operation of section 7 in certain circumstances.
8.— (1) Where in respect of a particular public servant or class or group of public servants the Minister is satisfied that— (a) exceptional circumstances exist (because of some particular aspect or condition of their employment, office or position) in respect of such public servant, class or group and a substantial inequity would thereby arise, or (b) any award under an arbitration agreement would, but for section 7 , result in the amendment of an applicable pay scale, and there is in the circumstances a necessity for a distinction from other public servants or from other classes or groups of public servants, as the case may be, then the Minister, if he or she considers it to be just and equitable in all the circumstances to do so, may by direction— (i) exempt that public servant, class or group from the operation of section 7 , either entirely or to such extent as the Minister considers appropriate, or (ii) modify the operation of section 7 to permit the awarding of increments in such manner as the Minister thinks fit, and the provisions of section 7 shall be read subject to any such direction.
Certain pension rights not affected.
9.— (1) This section applies to— (a) a person who was at some time before 1 July 2013 a public servant but is on 1 July 2013 in receipt of a pension under a public service pension scheme, (b) a person who was a public servant on 1 July 2013, but ceases to be a public servant on or before— (i) 31 August 2014, or (ii) a later date specified by the Minister by order in accordance with subsection (3), and who, on ceasing to be a public servant, is entitled to payment of a pension under a public service pension scheme in respect of his or her service as a public servant or a person who was at some time before 31 August 2014 or such later date as may be specified under subparagraph (ii) a public servant and has a preserved benefit in a public service pension scheme in respect of which the preserved pension age of the person falls on or before that date, and (c) a person who becomes entitled to payment of a public service pension as a spouse, civil partner or child of a former public servant to whom paragraph (a) or (b) applied.
Amendment of Schedule to Act of 2009.
10.— (1) The Schedule to the Act of 2009 is amended by deleting the following: “21. Railway Procurement Agency.
Amendment of Financial Emergency Measures in the Public Interest Act 2009.
11.— With effect on and from 1 January 2014, section 2 of the Financial Emergency Measures in the Public Interest Act 2009 is amended— (a) in paragraph (d) of subsection (3) by substituting “2014” for “2010”, (b) by substituting the following for Table D to subsection (3): “Table D Amount of Remuneration Rate of deduction Up to €15,000 Exempt Any excess over €15,000 but not over €20,000 2.5 per cent Any excess over €20,000 but not over €60,000 10 per cent Any amount over €60,000 10.5 per cent ”, (c) in subsection (3B) by substituting “2014” for “2012”, and (d) by substituting the following for the Table to subsection (3B): “Table Amount of Remuneration Rate of deduction Up to €15,000 Exempt Any excess over €15,000 but not over €20,000 2.5 per cent Any excess over €20,000 but not over €60,000 10 per cent Any amount over €60,000 10.5 per cent ”.
Review of this Act and certain enactments of like character.
12.— (1) For the purposes of this section the “relevant Acts” are— (a) in respect of the application of this section in the year 2013— (i) the Financial Emergency Measures in the Public Interest Act 2009 ; (ii) the Act of 2009; and (iii) the Act of 2010; (b) in respect of the application of this section in the year 2014 and subsequent years— (i) each of the enactments specified in paragraph (a), and (ii) this Act.
Short title.
13.— This Act may be cited as the Financial Emergency Measures in the Public Interest Act 2013.
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