Financial Emergency Measures in the Public Interest Act 2010

5.

No power to pay public service pension other than in accordance with section 2.

5.— (1) Where the amount of a public service pension is reduced by section 2 F26 [ or 2A ]

( a) a pensioner is not entitled to receive an amount of public service pension greater than the amount so reduced, and

( b) F27 [ subject to a direction given by the Minister under section 4(1) for the purposes of the aggregation of public service pensions, ] no paying authority is entitled to pay an amount of public service pension to the pensioner greater than the amount so reduced.

(2) F28 [ Subject to a direction given by the Minister under section 4(1) for the purposes of the aggregation of public service pensions, if a paying authority pays to a pensioner ] an amount of public service pension greater than the amount reduced under section 2 F26 [ or 2A ] , then—

( a) the pensioner shall have no legal entitlement to the overpayment, and

( b) the paying authority shall recover the amount of the overpayment from the pensioner, either directly or by a deduction taken from the public service pension subsequently payable to that pensioner 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 paying authority concerned, the Minister may direct in writing that authority to recover, by a specified date, the amount in accordance with subsection (2)(b) and, where that authority fails or refuses to so recover the amount, the Minister may deduct the amount from any grant or vote, or other payment, to that authority out of moneys provided directly or indirectly by the Oireachtas or from the Central Fund or the growing produce of that Fund.

Annotations:

Amendments:

F26

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

F27

Inserted (1.09.2013) by Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (37/2012), s. 71(a), S.I. No. 314 of 2013.

F28

Substituted (1.09.2013) by Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (37/2012), s. 71(b), S.I. No. 314 of 2013.

Modifications (not altering text):

C8

Application of section modified (1.02.2016) by Water Services (No. 2) Act 2013 (50/2013), s. 30, S.I. No. 41 of 2016.

Application of sections 2 and 2A of Financial Emergency Measures in the Public Interest Act 2010

30. (1) Subject to subsection (2), sections 2, 2A, 3, 5 and 6 of the Act of 2010 shall, subject to any necessary modifications, apply to a person who, after the relevant date within the meaning of that Act, becomes entitled to payment of superannuation benefits under a scheme made under section 28, in the same manner as it applies to a pensioner within the meaning of that Act.

(2) Subsection (3) of section 2A (inserted by section 5 (5) of the Financial Emergency Measures in the Public Interest Act 2013 ) of the Act of 2010 shall apply to a person who, not later than—

(a) 31 August 2014, or

(b) such other date as may be specified in accordance with section 9 (1)(b)(ii) of the Financial Emergency Measures in the Public Interest Act 2013,

becomes entitled to payment of superannuation benefits under a scheme made under section 28 —

(i) the aggregate of which exceeds €32,500 a year, or

(ii) the aggregate of which when added to any public service pension within the meaning of the Act of 2010 to which the person is also entitled exceeds €32,500 a year,

and, for that purpose, references in that subsection to relevant (post 29 February 2012) pensioner shall be construed as including references to such a person.

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