Financial Emergency Measures in the Public Interest Act 2010

6.

Exemption, etc., from operation of section 2 in certain circumstances.

6.— Where the Minister is satisfied that exceptional circumstances exist (because of some particular aspect or condition relating to the public service pension or the public service pension scheme concerned, including the funding of that pension or scheme) in respect of a particular class or group of pensioners and those circumstances materially distinguish that class or group from other classes or groups of pensioners to which section 2 F29 [ or 2A ] applies, then, the Minister, if he or she considers it to be just and equitable in all the circumstances to do so, may by direction—

( a) exempt that class or group from the operation of section 2 , either entirely or to such extent as the Minister considers appropriate, or

( b) modify the operation of section 2 F29 [ or 2A ] to reduce their public service pensions in such manner as the Minister thinks fit, having regard to the nature and degree of the financial burden that would otherwise be borne by that class or group,

and this Act, and any regulations made under this Act, shall be read subject to any such direction.

Annotations:

Amendments:

F29

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

Modifications (not altering text):

C9

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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