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

2.

Reduction in public servants’ remuneration.

2.— (1) A relevant provision that fixes the remuneration, or any part of the remuneration, of F6 [ a public servant, other than a public servant referred to in paragraph (e) or (f) of the definition of that term in section 1 , ] shall be taken to have been amended, with effect on and from 1 January 2010, in accordance with this section.

F7 [ (1A) A relevant provision that fixes the remuneration, or any part of the remuneration, of a public servant referred to in paragraph (e ) of the definition of that term in section 1 shall be taken to have been amended, with effect on and from 1 January 2012, in accordance with this section. ]

(2) Where the remuneration of a public servant is fixed by a relevant provision, then, subject to subsections (3) and (4), the relevant provision shall be taken to have been amended so that the remuneration is—

( a) in the case of persons to whom Table 1 to this section relates, reduced in accordance with that Table, and

( b) in any other case, subject to subsection (7), reduced in accordance with Table 2 or Table 3 (as the case requires) to this section.

F8 [ (2A) The provisions of subsections (1) and (2) and Table 1 to this section shall, for the purpose of the application of those provisions to the remuneration of the holders of certain offices specified in this subsection, have effect on and from 1 January 2011 as if the reductions provided for in subsection (2) and that Table were as follows and a relevant provision that fixes the remuneration, or any part of the remuneration, of the holders of any of those offices shall be taken to have been so amended with effect on and from that date:

( a ) in the case of the Taoiseach, a 25 per cent reduction of remuneration in lieu of a reduction of 20 per cent of remuneration;

( b ) in the case of the T á naiste, a 19.5 per cent reduction of remuneration in lieu of a reduction of 15 per cent of remuneration; and

( c ) in the case of a Minister of the Government, a 19.5 per cent reduction of remuneration in lieu of a reduction of 15 per cent of remuneration. ]

F9 [ (2B) The provisions of subsections (1) and (2) and Table 1 to this section shall, for the purpose of the application of those provisions to the remuneration of the holders of certain offices specified in this subsection, have effect on and from the commencement of section 6 (c) of the Financial Emergency Measures in the Public Interest (Amendment) Act 2011 as if the reductions provided for in subsections (2) and (2A) (in the case of the holders of the offices referred to in paragraphs (a) , (b) and (c) ) and that Table were as follows and a relevant provision that fixes the remuneration, or any part of the remuneration, of the holders of any of the offices specified in this subsection shall be taken to have been so amended with effect on and from that commencement:

( a ) in the case of the Taoiseach, a 29.96 per cent reduction of remuneration in lieu of a reduction of 25 per cent of remuneration;

( b ) in the case of the T á naiste, a 24.83 per cent reduction of remuneration in lieu of a reduction of 19.5 per cent of remuneration;

( c ) in the case of a Minister of the Government, a 24.83 per cent reduction of remuneration in lieu of a reduction of 19.5 per cent of remuneration;

( d ) in the case of a Minister of State, a 15.96 per cent reduction of remuneration in lieu of a reduction of 10 per cent of remuneration;

( e ) in the case of the Ceann Comhairle, a 24.83 per cent reduction of remuneration in lieu of a reduction of 15 per cent of remuneration;

( f ) in the case of the Leas-Cheann Comhairle, a 15.96 per cent reduction of remuneration in lieu of a reduction of 10 per cent of remuneration;

( g ) in the case of the Attorney General, a 24.83 per cent reduction of remuneration in lieu of a reduction of 15 per cent of remuneration; and

( h ) in the case of the Comptroller and Auditor General, a 21.15 per cent reduction of remuneration in lieu of a reduction of 15 per cent of remuneration. ]

(3) Where the remuneration of a public servant, other than a person to whom Table 1 to this section relates, is fixed by a relevant provision and that remuneration includes a fixed periodic allowance which is not a reimbursement of any expense actually incurred, then the relevant provision that fixes each such allowance shall be taken to have been amended so that the allowance is, subject to subsection (7), reduced in accordance with Table 4 to this section.

(4) Subject to subsection (7), where a public servant is entitled as part of his or her remuneration to the payment of an allowance and the allowance—

( a) is not reimbursement of any expense actually incurred, and

( b) is expressed as a specified percentage or specified proportion of another part of the remuneration (referred to in this section, including the Tables, as “basic salary”) of a public servant to whom the relevant provision applies,

then the public servant’s basic salary, for the purposes of calculating the amount payable as the allowance, is his or her basic salary reduced in accordance with subsection (2) and Table 2 or Table 3 (as the case requires) to this section.

(5) Nothing in this section affects any allowance or payment which is a reimbursement of an expense actually incurred.

(6) This section has effect notwithstanding—

( a) any provision by or under—

(i) any other Act,

(ii) any statute or other document to like effect of a university or other third level institution,

(iii) any circular or instrument or other document,

(iv) any written agreement or contractual arrangement,

or

( b) any verbal agreement, arrangement or understanding or any expectation.

(7) Where the application to a public servant of subsections (1) to (6) and Table 2 to this section would, because of the varying percentage rates provided for by that Table, result in his or her annual remuneration being lower than would be the case if he or she had been on a lower level of remuneration, then his or her annual remuneration shall after the reduction not be less than the highest it would have been had his or her annual remuneration, before such reduction, been on the lower level of remuneration. For the purposes of this subsection, the Minister may by direction modify the application of the reduction in the remuneration of a public servant concerned in such manner as the Minister thinks fit to avoid a substantial inequity arising from the application of subsection (2) and that Table.

Table 1

Holders of certain offices and other public servants

Office

Reduction

Taoiseach

20 per cent of remuneration

T ánaiste

15 per cent of remuneration

Minister

15 per cent of remuneration

Minister of State

10 per cent of remuneration

Ceann Comhairle

15 per cent of remuneration

Leas-Cheann Comhairle

10 per cent of remuneration

Cathaoirleach

7.9 per cent of remuneration

Leas-Chathaoirleach

7.4 per cent of remuneration

Leader of the Seanad

7.2 per cent of remuneration

Attorney General

15 per cent of remuneration

Comptroller and Auditor General

15 per cent of remuneration

Secretary General of the Department of the Taoiseach and Secretary General to the Government

20 per cent of remuneration

Secretary General, the Department of Finance

20 per cent of remuneration

Table 2

Public servants with rates of basic salary over €125,000

Annualised amount of basic salary

Reduction

Over €125,000 but less than €165,000

8 per cent of basic salary

€165,000 or more but less than €200,000

12 per cent of basic salary

€200,000 or more

15 per cent of basic salary

Table 3

Public servants with rates of basic salary not over €125,000

Annualised amount of basic salary

Reduction in basic salary

Up to €30,000

5 per cent

Any amount over €30,000 but not over €70,000

7.5 per cent

Any amount over €70,000 but not over €125,000

10 per cent

Table 4

Allowances to which section 2(3) relates

Allowances and basic pay

Reduction in allowances

Allowances to which section 2(3) relates that are paid as part of annual remuneration to public servants in receipt of annualised basic salary not exceeding €125,000

5 per cent

Allowances to which section 2(3) relates that are paid as part of annual remuneration to public servants in receipt of annualised basic salary exceeding €125,000

8 per cent

Annotations:

Amendments:

F6

Substituted (1.01.2012) by Financial Emergency Measures in the Public Interest (Amendment) Act 2011 (39/2011), s. 6(a), S.I. No. 683 of 2011.

F7

Inserted (1.01.2012) by Financial Emergency Measures in the Public Interest (Amendment) Act 2011 (39/2011), s. 6(b), S.I. No. 683 of 2011.

F8

Inserted (22.12.2010) by Financial Emergency Measures in the Public Interest Act 2010 (38/2010), s. 7(1), commenced on enactment.

F9

Inserted (1.01.2012) by Financial Emergency Measures in the Public Interest (Amendment) Act 2011 (39/2011), s. 6(c), S.I. No. 683 of 2011.

F10

Repealed (1.10.2020) by Public Service Pay and Pensions Act 2017 (34/2017), s. 24(1)(a), commenced as per subs. (2).

Modifications (not altering text):

C3

Prospective affecting provision: subs. (3) repealed (1.10.2020) by Public Service Pay and Pensions Act 2017 (34/2017), s. 24(1)(a), commenced as per s. 24(2).

(3) F10 [ ]

C4

Term “Minister” construed (22.12.2010) by Financial Emergency Measures in the Public Interest Act 2010 (38/2010), s. 7(2), commenced on enactment.

Amendment of section 2 of Act of 2009.

7.— ...

(2) The reference in Table 1 to section 2 of the Act of 2009 to “Minister” shall be construed as being, and always to have been, a reference to a Minister of the Government.