Financial Emergency Measures in the Public Interest Act 2010

2

F8[Reduction in public service pension.

2.— (1) The annualised amount of a public service pension payable in accordance with his or her entitlement to a person who—

(a) is a pensioner, or

(b) becomes a pensioner on or at any time before the relevant date or, in the case of a pensioner falling under paragraph (c) of the definition of “pensioner” in section 1, at any time after that date,

where the annualised amount payable is not more than €34,132 shall be reduced—

(i) with effect on and from 1 January 2016 and subject to subparagraphs (ii) and (iii), in accordance with Table A to this subsection,

(ii) with effect on and from 1 January 2017 and subject to subparagraph (iii), in accordance with Table B to this subsection, and

(iii) with effect on and from 1 January 2018, in accordance with Table C to this subsection.

TABLE A

Annualised amount of public service pension

Reduction

Up to €18,700

Exempt

Any amount over €18,700 but not over €204,000

6 per cent

Any amount over €24,000

9 per cent

TABLE B

Annualised amount of public service pension

Reduction

Up to €26,000

Exempt

Any amount over €26,000

9 per cent

TABLE C

Annualised amount of public service pension

Reduction

Up to €34,132

Exempt

(2) The annualised amount of a public service pension payable in accordance with his or her entitlement to a person who—

(a) is a pensioner, or

(b) becomes a pensioner on or at any time before the relevant date or, in the case of a pensioner falling under paragraph (c) of the definition of “pensioner” in section 1, at any time after that date,

where the annualised amount payable is not more than F9[€39,000] shall be reduced—

(i) with effect on and from 1 January 2016 and subject to F10[the following subparagraphs], in accordance with Table A to this subsection,

(ii) with effect on and from 1 January 2017 and subject to F11[the following subparagraphs], in accordance with Table B to this F12[subsection,]

(iii) with effect on and from 1 January 2018, F13[and subject to the following subparagraphs] in accordance with Table C to this F14[subsection,]

F15[(iv) with effect on and from 1 January 2019 and subject to subparagraph (v), in accordance with Table D to this subsection, and

(v) with effect on and from 1 January 2020, in accordance with Table E to this subsection.]

TABLE A

Annualised amount of public service pension

Reduction

Up to €17,000

Exempt

Any amount over €17,000 but not over €24,000

8 per cent

Any amount over €24,000 but not over €60,000

12 per cent

Any amount over €60,000 but not over €100,000

17 per cent

Any amount over €100,000

28 per cent

TABLE B

Annualised amount of public service pension

Reduction

Up to €22,000

Exempt

Any amount over €22,000 but not over €24,000

3 per cent

Any amount over €24,000 but not over €60,000

12 per cent

Any amount over €60,000 but not over €100,000

17 per cent

Any amount over €100,000

28 per cent

TABLE C

Annualised amount of public service pension

Reduction

Up to €30,000

Exempt

Any amount over €30,000 but not over €24,000

12 per cent

Any amount over €60,000 but not over €100,000

17 per cent

Any amount over €100,000

28 per cent

F16[TABLE D

Annualised amount of public service pension

Reduction

Up to €39,000

Exempt

Any amount over €39,000 but not over €60,000

12 per cent

Any amount over €60,000 but not over €100,000

17 per cent

Any amount over €100,000

28 per cent

TABLE E

Annualised amount of public service pension

Reduction

Up to €54,000

Exempt

Any amount over €54,000 but not over €60,000

12 per cent

Any amount over €60,000 but not over €100,000

17 per cent

Any amount over €100,000

28 per cent]

(3) If—

(a) two or more public service pensions are payable to a person, and

(b) the annualised amount of all such pensions payable in accordance with the person’s entitlements exceeds €32,500,

all such pensions shall be aggregated for the purposes of the application of subsections (1) and (2).

(4) (a) Where the application to a pensioner of subsection (2) would result in the annualised amount of his or her public service pension being lower than would be the case if he or she had been on a pension specified in subsection (1) and that subsection applied to him or her, then subsection (2) shall be deemed to operate, in relation to that pensioner, in such a manner and by reference to the provisions of subsection (1) (the “relevant provisions”), as will result in his or her pension standing at the highest it would have stood at, as a result of that operation of subsection (2) by reference to the relevant provisions, had he or she been on whichever lower amount of pension produces the most beneficial result for him or her in consequence of the relevant provisions.

(b) In this subsection a reference to a subsection or to the provisions of a subsection includes a reference to the Tables in that subsection.

(5) Where a pension adjustment order has been made in relation to a public service pension, the annualised amount of the public service pension shall be reduced under this section before it is paid in accordance with the provisions of the pension adjustment order.

(6) This section has effect notwithstanding—

(a) any provision by or under—

(i) any other enactment,

(ii) any statute or other document to like effect of a university or other third level institution,

(iii) any pension scheme or arrangement,

(iv) any circular or instrument or other document, or

(v) any written agreement or contractual arrangement, or

(b) any verbal agreement, arrangement or understanding or any expectation.

(7) In this section a reference to the annualised amount of a public service pension payable in accordance with a person’s entitlement is a reference to that entitlement not taking into account any reduction imposed by virtue of the operation of this Act whether as enacted or as amended by the Financial Emergency Measures in the Public Interest Act 2013.]

Annotations

Amendments:

F8

Substituted (30.11.2015) by Financial Emergency Measures in the Public Interest Act 2015 (39/2015), s. 6(1)(b), S.I. No. 546 of 2015.

F9

Substituted (1.01.2019) by Public Service Pay and Pensions Act 2017 (34/2017), s. 25(1)(a), commenced as per subs. (2).

F10

Substituted (1.01.2019) by Public Service Pay and Pensions Act 2017 (34/2017), s. 25(1)(b), commenced as per subs. (2).

F11

Substituted (1.01.2019) by Public Service Pay and Pensions Act 2017 (34/2017), s. 25(1)(c), commenced as per subs. (2).

F12

Amended (1.01.2019) by Public Service Pay and Pensions Act 2017 (34/2017), s. 25(1)(c), commenced as per subs. (2).

F13

Inserted (1.01.2019) by Public Service Pay and Pensions Act 2017 (34/2017), s. 25(1)(d)(i), commenced as per subs. (2).

F14

Substituted (1.01.2019) by Public Service Pay and Pensions Act 2017 (34/2017), s. 25(1)(d)(ii), commenced as per subs. (2).

F15

Inserted (1.01.2019) by Public Service Pay and Pensions Act 2017 (34/2017) s. 25(1)(e), commenced as per subs. (2).

F16

Inserted (1.01.2019) by Public Service Pay and Pensions Act 2017 (34/2017), s. 25(1)(f), commenced as per subs. (2).

Modifications (not altering text):

C2

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.

...

Editorial Notes:

E3

Previous affecting provision: subs. (1A) inserted (1.09.2013) by Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (37/2012), s. 69, S.I. No. 314 of 2013; substituted (5.06.2013) by Financial Emergency Measures in the Public Interest Act 2013; substituted as per F-note above.

E4

Previous affecting provision: subs. (1B) inserted (28.07.2012) by Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (37/2012), s. 69, commenced on enactment; substituted as per F-note above.

E5

Previous affecting provision: table substituted (1.01.2012) by Financial Emergency Measures in the Public Interest (Amendment) Act 2011 (39/2011), s. 9, commenced as per s. 9; substituted (1.07.2013) by Financial Emergency Measures in the Public Interest Act 2013 (18/2013), s. 5(3); substituted as per F-note above.