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

5.

No power to pay remuneration above rate determined in accordance with section 2 , etc.

5.— (1) Where a relevant provision is taken to have been amended by section 2 F20 [ or 2A ]

( a) a public servant whose remuneration falls to be determined in accordance with the relevant provision is not entitled to receive remuneration of an amount greater than the amount so determined, and

( b) no person or body responsible for paying the remuneration of such a public servant is entitled to pay remuneration to the public servant of an amount greater than the amount so determined.

(2) If a public service body pays remuneration to a public servant at a rate higher than that provided for by the appropriate relevant provision, as taken to have been amended in accordance with section 2 F20 [ or 2A ] , then—

( a) the public servant shall hold the overpayment in trust for the public service body, and

( b) the public service body shall recover the amount of the overpayment from the public servant, either directly or by a deduction taken from remuneration subsequently payable to that public servant or otherwise.

(3) Subsection (2) shall not be taken as limiting the liability under statute of any person to account for such overpayment.

(4) Where an overpayment of an amount to which subsection (2) relates has not been recovered by the public service body concerned, the Minister may direct in writing that body to recover, by a specified date, the amount in accordance with subsection (2)(b) and, where that body fails to so recover the amount, the Minister may deduct the amount from any grant or vote of, or other payment to, that body out of money provided directly or indirectly by the Oireachtas or from the Central Fund or the growing produce of that Fund.

F21 [ (5) Notwithstanding section 4 or anything in this section, an existing power to fix terms and conditions of public servants may be exercised so as to effect an increase (whether generally or in respect of a specified class of public servant) in remuneration as provided for in

( a ) a collective agreement registered for the purposes of section 7 of the Financial Emergency Measures in the Public Interest Act 2013 , or

( b ) the Public Service Stability Agreement (within the meaning of the Public Service Pay and Pensions Act 2017).

(6) The following shall have effect notwithstanding anything in this section

( a ) any subsequent provision of this Act, being a provision inserted by the Financial Emergency Measures in the Public Interest Act 2015 , and

( b ) Part 2 of the Public Service Pay and Pensions Act 2017. ]

Annotations:

Amendments:

F20

Inserted (5.06.2013) by Financial Emergency Measures in the Public Interest Act 2013 (18/2013), s. 3(3), commenced on enactment.

F21

Substituted (1.01.2018) by Public Service Pay and Pensions Act 2017 (34/2017), s. 23, commenced as per s. 1(2).

F22

Repealed (1.01.2021) by Public Service Pay and Pensions Act 2017 (34/2017), s. 24(1)(b), commenced as per subs. (3).

Modifications (not altering text):

C5

Prospective affecting provision: subs. (1) repealed (1.01.2021) by Public Service Pay and Pensions Act (34/2017), s. 24(1)(b), commenced in accordance with s. 24(3).

5(1)— F22 [ ]