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Ireland

Public Service Pay Act 2021

In short

This law is about adjusting the rules that limit how much public servants can be paid. It specifically changes parts of two previous laws that dealt with financial emergency measures and public service pay.

What it regulates

  • How increases in public servant remuneration can be made.
  • The conditions under which a person other than the Minister can increase public servant remuneration.
  • The application of certain provisions regarding contracts of employment when they are amended to increase remuneration.
  • The period to which certain remuneration payments to public servants relate.

Who it concerns

  • Public servants.
  • The Minister (presumably the Minister for Public Expenditure and Reform, though not explicitly stated).
  • Persons making amendments to relevant provisions concerning public servant remuneration.

Key points

  • An increase in public servant remuneration can only be made by the Minister, unless it's to comply with a court order or a Labour Court determination.
  • If the relevant provision is an Act of the Oireachtas, or made under an Act of the Oireachtas (unless made by the Minister or the person making the amendment), it cannot be amended to increase remuneration under these rules.
  • Certain provisions of the Financial Emergency Measures in the Public Interest (No. 2) Act 2009 apply to remuneration paid for a period between 1 January 2010 and the date this Act came into operation.
  • If a contract of employment is amended to increase remuneration according to section 4(2) of the Financial Emergency Measures in the Public Interest (No. 2) Act 2009, section 16A of the Ministers and Secretaries (Amendment) Act 2011 will not apply to that amended or new term.
Legal text
Legal text

Public Service Pay Act 2021 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.

  1. 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.
  2. ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2021 Public Service Pay Act 2021 Public Service Pay Act 2021 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 Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 15 of 2021 PUBLIC SERVICE PAY ACT 2021 CONTENTS Section 1. Definition 2. Amendment of section 4 of Act of 2009 3. Amendment of section 5 of Act of 2009 4. Amendment of section 16A of Ministers and Secretaries (Amendment) Act 2011 5. Short title Acts Referred to Financial Emergency Measures in the Public Interest (No. 2) Act 2009 (No. 41) Ministers and Secretaries (Amendment) Act 2011 (No. 10) 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: Definition 1. In this Act, “Act of 2009” means the Financial Emergency Measures in the Public Interest (No. 2) Act 2009 . Amendment of section 4 of Act of 2009 2. Section 4 of the Act of 2009 is amended— (
  4. 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— (
  1. a)where— (
  2. i)the amendment is made by the Minister, including where it is made for a purpose referred to in paragraph (b), and (
  3. 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 (
  4. b)where— (
  5. 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 (
  6. 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 (
  7. b)in subsection
(3), by the substitution of “subsection
(2)(b)(i)” for “subsection
(2)”. Amendment of section 5 of Act of 2009 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”. Amendment of section 16A of Ministers and Secretaries (Amendment) Act 2011 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 — (
  1. a)by the amendment or substitution of an existing term or condition of the contract, or (
  2. 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.”. Short title 5. This Act may be cited as the Public Service Pay Act 2021. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.