Financial Emergency Measures in the Public Interest Act 2010

F17[Persons becoming pensioners after 29 February 2012: reduction in public service pension.

2A

2A. (1) For the purposes of this section

(a) the definition of "pensioner" in section 1 shall apply with the modification that references to the relevant date in paragraphs (b) and (c) of the definition shall be read as references to 31 August 2014 or 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;

(b) "relevant (post 29 February 2012) pensioner" means, subject to subsection (2), a person who became a pensioner after 29 February 2012, or becomes such after the passing of the Financial Emergency Measures in the Public Interest Act 2013, but no later than 31 August 2014 or 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 and the annual pension of whom (in either case) exceeds 32,500.

(2) In subsection (1)(b) the words "but no later than 31 August 2014 or 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" shall be disregarded in the case of a pensioner falling under paragraph (c) of the definition in section 1 of "pensioner", as that definition applies by virtue of subsection (1)(a).

F18[(3) The annualised amount of a public service pension payable in accordance with his or her entitlement to a person who is a relevant (post 29 February 2012) pensioner shall be reduced

(a) with effect on and from 1 January 2016 and subject to paragraphs (b) and (c), in accordance with Table A to this subsection,

(b) with effect on and from 1 January 2017 and subject to paragraph (c), in accordance with Table B to this subsection, and

(c) 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 29,300

Exempt

Any amount over 29,300 but not over 60,000

3 per cent

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

5 per cent

Any amount over 100,000

8 per cent

TABLE B

Annualised amount of public service pension

Reduction

Up to 39,000

Exempt

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

2 per cent

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

5 per cent

Any amount over 100,000

8 per cent

TABLE C

Annualised amount of public service pension

Reduction

Up to 60,000

Exempt

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

F21[3 per cent]

Any amount over 100,000

F20[6 per cent] ]

(4) Where the application to a pensioner of subsection (3) F18[and the appropriate Table] in that subsection would result in the annualised amount of his or her public service pension being reduced to less than 32,500, then that subsection and Table shall only operate to reduce the annualised amount of his or her public service pension to 32,500.

(5) If two or more public service pensions, the annual amount of which, taken together, exceeds 32,500, are payable to a pensioner, all such pensions shall be aggregated for the purposes of applying subsection (3) in relation to the pensioner.

(6) 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.

(7) 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,

(v) any written agreement or contractual arrangement,

or

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

Annotations

Amendments:

F17

Inserted (5.06.2013) by Financial Emergency Measures in the Public Interest Act 2013 (18/2013), s. 5(5), commenced on enactment.

F18

Substituted (30.11.2015) by Financial Emergency Measures in the Public Interest Act 2015 (39/2015), s. 7(a) and (b), S.I. No. 546 of 2015.

F19

Substituted (1.01.2020) by Public Services Pay and Pension Act 2017 (34/2017), s. 26(b)(i), commenced as per s. 26(b).

F20

Substituted (1.01.2020) by Public Services Pay and Pension Act 2017 (34/2017), s. 26(b)(ii), commenced as per s. 26(b).

F21

Substituted (1.01.2019) by Public Services Pay and Pension Act 2017 (34/2017), s. 26(a), commenced as per s. 26(a).

Modifications (not altering text):

C3

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:

E6

Previous affecting provision: table C amended (1.01.2019) by Public Services Pay and Pensions Act 2017 (34/2017) s. 26(a), commenced as per s. 26(a); substituted as per F-note above.