Financial Emergency Measures in the Public Interest Act 2010

4.

Obligation on paying authorities to make payments.

4.— F23 [ (1) Without prejudice to subsection (2) , reductions of public service pensions under section 2 F24 [ or 2A ] shall be paid or disposed of as the Minister may direct and, in particular, the Minister may, for the purposes of the aggregation of public service pensions, direct a paying authority

( a ) to reduce the annualised amount of a public service pension payable by the paying authority to a pensioner by the total amount of the reduction that applies in relation to the pensioner under section 2 F24 [ or 2A ] in respect of all public service pensions payable to him or her, or

( b ) not to reduce the annualised amount of a public service pension payable by the paying authority to a pensioner in accordance with section 2 F24 [ or 2A ] . ]

(2) Where the amount of any reduction in a public service pension under section 2 F25 [ or 2A ] has not been duly paid or disposed of in accordance with a direction of the Minister under subsection (1), the Minister may recover the amount from the paying authority concerned as a simple contract debt in any court of competent jurisdiction.

(3) If a paying authority, having failed or refused to pay or dispose of reductions of public service pensions under section 2 F25 [ or 2A ] in accordance with a direction of the Minister under subsection (1), does not do so within 28 days after the service by post by the Minister of a notice on the authority requiring it to do so, the High Court may, on an application made to the Court by the Minister, make an order directing the authority to remit the reductions to the Minister within such time as may be specified in the order.

(4) An order of the High Court under subsection (3) may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate.

Annotations:

Amendments:

F23

Substituted (1.09.2013) by Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (37/2012), s. 70, S.I. No. 314 of 2014.

F24

Inserted (5.06.2013) by Financial Emergency Measures in the Public Interest Act 2013 (18/2013), s. 6(4)(a), commenced on enactment.

F25

Inserted (5.06.2013) Financial Emergency Measures in the Public Interest Act 2013 (18/2013), s. 6(4)(a), commenced on enactment.