Financial Emergency Measures in the Public Interest Act 2013
Number 18 of 2013
FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST ACT 2013
REVISED
Updated to 1 September 2019
This Revised Act is an administrative consolidation of the Financial Emergency Measures in the Public Interest Act 2013. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including Judicial Council Act 2019 (33/2019), enacted 23 July 2019, and all statutory instruments up to and including National Treasury Management Agency (Amendment) Act 2014 (State Authority) Order 2019 (S.I. No. 446 of 2019), made 1 September 2019, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 18 of 2013
FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST ACT 2013
REVISED
Updated to 1 September 2019
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.
Related legislation
This Act is not collectively cited with any other Act.
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Financial Emergency in the Public Interest Act 2015 (39/2015)
All Acts up to and including Judicial Council Act 2019 (33/2019), enacted 23 July 2019, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Public Service Pension Rights (No. 2) Order 2015 (S.I. No. 547 of 2015)
• Public Service Pension Rights Order 2015 (S.I. No. 145 of 2015)
• Public Service Pension Rights Order 2014 (S.I. No. 199 of 2014)
All statutory instruments up to and including National Treasury Management Agency (Amendment) Act 2014 (State Authority) Order 2019 (S.I. No. 446 of 2019), made 1 September 2019, were considered in the preparation of this revision.
Number 18 of 2013
FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST ACT 2013
REVISED
Updated to 1 September 2019
ARRANGEMENT OF SECTIONS
Section
2. Reduction in remuneration of public servants who earn more than €65,000.
3. Consequential amendments of Act of 2009.
4. Amendment of definition of “pensioner” in Act of 2010.
5. Reduction in certain public service pensions.
6. Consequential amendments of Act of 2010.
7. Pay scales: suspension, subject to exceptions, for certain period.
8. Exemption, etc., from operation of section 7 in certaincircumstances.
9. Certain pension rights not affected.
10. Amendment of Schedule to Act of 2009.
11. Amendment of Financial Emergency Measures in the Public Interest Act 2009.
12. Review of this Act and certain enactments of like character.
Acts Referred to
Number 18 of 2013
FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST ACT 2013
REVISED
Updated to 1 September 2019
AN ACT, IN THE PUBLIC INTEREST, TO PROVIDE FOR—
(A) THE REDUCTION OF THE REMUNERATION OF CERTAIN PUBLIC SERVANTS (INCLUDING MEMBERS OF THE HOUSES OF THE OIREACHTAS, THE JUDICIARY AND CERTAIN OFFICE HOLDERS);
(B) THE REDUCTION OF THE AMOUNT OF THE PAYMENT OF PENSION OR OTHER BENEFITS (OTHER THAN LUMP SUMS) PAYABLE TO OR IN RESPECT OF CERTAIN PERSONS WHO ARE OR WERE IN THE PUBLIC SERVICE (INCLUDING MEMBERS AND FORMER MEMBERS OF THE HOUSES OF THE OIREACHTAS, FORMER MEMBERS OF THE JUDICIARY AND FORMER HOLDERS OF CERTAIN OFFICES) UNDER AN OCCUPATIONAL PENSION SCHEME OR PENSION ARRANGEMENT (BY WHATEVER NAME CALLED); AND
(C) THE ALTERATION OF THE OPERATION OF SCALES OF PAY FOR PUBLIC SERVANTS (INCLUDING THE SUSPENSION OF THE AWARDING, FOR A CERTAIN PERIOD, OF INCREMENTS UNDER THOSE SCALES),
AND TO PROVIDE FOR RELATED MATTERS.
[5th June, 2013]
WHEREAS budgetary and fiscal measures have been taken by the State since 2009 to address a serious disturbance in the economy and a decline in the economic circumstances of the State that have occurred;
AND WHEREAS it is necessary for the State to achieve further significant savings in its expenditure, both directly and indirectly, on remuneration and in its expenditure on public service pensions as a contribution to the reduction of the shortfall between revenue and expenditure that is needed to put debt on a downward path;
AND WHEREAS the State is availing itself of a financial assistance programme established by the European Union and the International Monetary Fund with funding provided by the European Financial Stabilisation Mechanism, the European Financial Stability Facility, the bilateral lenders (the United Kingdom, the Kingdom of Sweden and the Kingdom of Denmark) and the International Monetary Fund and it is necessary to adopt a range of measures to meet commitments included in that programme to address the economic crisis in the State;
AND WHEREAS it is necessary for the State to take measures as part of remedial action to maintain the State’s path toward correcting the excessive deficit by 2015 in line with the recommendation to that effect of the Council of the European Union (Council Recommendation with a view to bringing to an end the situation of an excessive deficit in Ireland of 7 December 2010);
BE IT THEREFORE ENACTED BY THE OIREACHTAS AS FOLLOWS: