Financial Emergency Measures in the Public Interest Act 2010
Number 38 of 2010
FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST ACT 2010
REVISED
Updated to 1 January 2023
This Revised Act is an administrative consolidation of the Financial Emergency Measures in the Public Interest Act 2010. 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 the Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), enacted 21 December 2022, and all statutory instruments up to and including the Planning And Development And Foreshore (Amendment) Act 2022 (Commencement) Order 2023 (S.I. No. 1 of 2023), made 9 January 2023, 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 38 of 2010
FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST ACT 2010
REVISED
Updated to 1 January 2023
ARRANGEMENT OF SECTIONS
Section
1A. Application of Act to Central Bank of Ireland.
2. Reduction in public service pension.
2A. Persons becoming pensioners after 29 February 2012: reduction in public service pension.
3. Calculation of public service pension not affected.
4. Obligation on paying authorities to make payments.
5. No power to pay public service pension other than in accordance with section 2.
6. Exemption, etc., from operation of section 2 in certain circumstances.
6A. Duty to give information, etc.
6B. Use of Personal Public Service Number (PPSN).
7. Amendment of section 2 of Act of 2009.
8. Amendment of section 3 of Act of 2009.
10. Annual review and report to Houses of the Oireachtas. (Repealed)
13. Amendment of National Minimum Wage Act 2000.
Bodies to which the definition of “public service body” does not apply
Acts Referred to
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Companies Acts |
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1954, No. 18 |
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2007, No. 24 |
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2009, No. 17 |
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Financial Emergency Measures in the Public Interest (No. 2) Act 2009 |
2009, No. 41 |
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1946, No. 9 |
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1996, No. 11 |
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2001, No. 37 |
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1938, No. 38 |
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2001, No. 33 |
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2000, No. 5 |
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Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1973 |
1973, No. 22 |
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1977, No. 29 |
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1983, No. 32 |
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1990, No. 25 |
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Public Service Superannuation (Miscellaneous Provisions) Act 2004 |
2004, No. 7 |
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Superannuation Acts 1834 to 1963 |
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1997, No. 39 |
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1930, No. 29 |
Number 38 of 2010
FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST ACT 2010
REVISED
Updated to 1 January 2023
AN ACT, IN THE PUBLIC INTEREST, TO PROVIDE FOR 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 FORMER HOLDERS OF CERTAIN OFFICES, MEMBERS AND FORMER MEMBERS OF THE HOUSES OF THE OIREACHTAS AND FORMER MEMBERS OF THE JUDICIARY) UNDER AN OCCUPATIONAL PENSION SCHEME OR PENSION ARRANGEMENT (BY WHATEVER NAME CALLED) WHICH IS PROVIDED FOR UNDER THE SUPERANNUATION ACTS 1834 TO 1963 OR ANY OTHER ENACTMENT OR ADMINISTRATIVE MEASURE TO LIKE EFFECT, OR IS REQUIRED TO BE MADE, APPROVED OF OR CONSENTED TO (HOWEVER EXPRESSED) BY ONE OR MORE THAN ONE MINISTER OF THE GOVERNMENT; TO AMEND THE FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST (NO. 2) ACT 2009 AND THE NATIONAL MINIMUM WAGE ACT 2000; AND TO PROVIDE FOR RELATED MATTERS.
[22nd December, 2010]
WHEREAS a serious disturbance in the economy and a decline in the economic circumstances of the State have occurred and are continuing, which threaten the well-being of the community;
AND WHEREAS as a consequence a serious deterioration in the revenues of the State has occurred and there are significant and increasing State commitments in respect of public service pensions;
AND WHEREAS it is necessary to cut current Exchequer spending substantially to demonstrate that public expenditure is being significantly controlled so as to ensure access to international funding and to improve the State’s international competitiveness;
AND WHEREAS the State is availing of financial assistance programmes provided by the European Financial Stabilisation Mechanism and the European Financial Stability Facility and the International Monetary Fund and it is necessary to take the measures in this Act as part of a range of measures provided for in those programmes to address the economic crisis in the State and to restore domestic and international confidence and to prevent a sovereign debt crisis affecting the State;
AND WHEREAS the expenditure on public service pensions is unsustainable and it is necessary to make reductions in payment to ensure that the State has sufficient resources to discharge its commitments and to enable it to provide public services;
AND WHEREAS the burden of a pension-related deductionand a reduction of remuneration has been borne by public servants and it is equitable that public service pensioners should share that burden;
AND WHEREAS the benefit of public service pensions is and will remain, after the enactment of the following Act, significantly and markedly more favourable than those generally available in other employment—
BE IT THEREFORE ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3(a), 5 and sch. 1 part 2, in effect as per art. 1(2).
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of—
(a) the enactments specified in Schedule 1, and
...
are transferred to the Minister for Public Expenditure and Reform.
...
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
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Number and Year |
Short Title |
Provision |
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(1) |
(2) |
(3) |
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... |
... |
... |
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No. 38 of 2010 |
Financial Emergency Measures in the Public Interest Act 2010 |
The whole Act (except section 10) |
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... |
... |
... |
Editorial Notes:
E1
Previous affecting provision: functions under s. 10 transferred and references to “Department of Finance” and “Minister for Finance” construed (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), ss. 9(3), 11, 15(1) and sch. 2 part 2, commenced as per s. 1(2); section 10 repealed (5.06.2013) by Financial Emergency Measures in the Public Interest Act 2013 (18/2013), s. 12(3)(c), commenced on enactment.