Public Service Pay and Pensions Act 2017

Number 34 of 2017

PUBLIC SERVICE PAY AND PENSIONS ACT 2017

REVISED

Updated to 2 February 2023

This Revised Act is an administrative consolidation of the Public Service Pay and Pensions Act 2017. 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 National Cultural Institutions (National Concert Hall) (Amendment) Act 2023 (1/2023), enacted 6 February 2023, and all statutory instruments up to and including the Public Service Pay and Pensions Act 2017 (Section 42) (Payments to General Practitioners) (Amendment) Regulations 2023 (S.I. No. 30 of 2023), made 2 February 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 34 of 2017

PUBLIC SERVICE PAY AND PENSIONS ACT 2017

REVISED

Updated to 2 February 2023

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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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

• Public Service Superannuation (Age of Retirement) Act 2018 (39/2018)

All Acts up to and including National Cultural Institutions (National Concert Hall) (Amendment) Act 2023 (1/2023), enacted 6 February 2023, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Public Service Pay and Pensions Act 2017 (Section 42) (Payments to General Practitioners) (Amendment) Regulations 2023 (S.I. No. 30 of 2023)

• Public Service Pay and Pensions Act 2017 (Section 42) (Payments to General Practitioners for the Clinical Assessment and Treatment of Patients Including Prescription of Covid-19 Antiviral Medication) Regulations 2022 (S.I. No. 676 of 2022)

• Public Service Pay and Pensions Act 2017 (Section 42) (Payments to General Practitioners and Pharmacists for the Administration of Vaccines Against Covid-19) Regulations 2022 (S.I. No. 604 of 2022)

• Public Service Pay and Pensions Act 2017 (Section 42) (Payments to General Practitioners) (Amendment) (No. 2) Regulations 2022 (S.I. No. 406 of 2022)

• Public Service Pay and Pensions Act 2017 (Section 20(4)) Order 2022 (S.I. No. 316 of 2022)

• Public Service Pay and Pensions Act 2017 (Section 42) (Payments to General Practitioners) (Amendment) Regulations 2022 (S.I. No. 23 of 2022)

• Public Service Pay and Pensions Act 2017 (Section 42) (Payments in Respect of Certain Services Rendered in Response to the Risk to Public Health Posed by Covid-19) (No. 2) Regulations 2021 (S.I. No. 602 of 2021)

• Public Service Pay and Pensions Act 2017 (Section 42) (Payments in Respect of Certain Services Rendered in Response to the Risk to Public Health Posed by Covid-19) Regulations 2021 (S.I. No. 509 of 2021)

• Public Service Pay and Pensions Act 2017 (Section 42) (Payments to General Practitioners and Pharmacists for the Administration of Vaccines Against Covid-19) (No. 2) Regulations 2021 (S.I. No. 464 of 2021)

• Public Service Pay and Pensions Act 2017 (section 19(4)) Order 2021 (S.I. No. 308 of 2021)

• Public Service Pay and Pensions Act 2017 (Section 42) (Payments to General Practitioners and Pharmacists for the Administration of Vaccines against Covid-19) Regulations 2021 (S.I. No. 60 of 2021)

• Public Service Pay and Pensions Act 2017 (Payments to Community Pharmacy Contractors) (Amendment) Regulations 2021 (S.I. No. 51 of 2021)

• Public Service Pay and Pensions Act 2017 (Section 42) (Payments to General Practitioners) (Amendment) (No. 2) Regulations 2020 (S.I. No. 685 of 2020)

• Public Service Pay and Pensions Act 2017 (Section 27(3)) Order 2020 (S.I. No. 632 of 2020)

• Public Service Pay and Pensions Act 2017 (Section 42) (Payments to General Practitioners) (Amendment) Regulations 2020 (S.I. No. 311 of 2020)

• Public Service Pay and Pensions Act 2017 (Section 42) (Payments in Respect of Certain Services Rendered in Response to the Risk to Public Health Posed by Covid-19) (Amendment) Regulations 2020 (S.I. No. 220 of 2020)

• Public Service Pay and Pensions Act 2017 (Section 42) (Payments in Respect of Certain Services Rendered in Response to the Risk to Public Health Posed by Covid-19) Regulations 2020 (S.I. No. 101 of 2020)

• Public Service Pay and Pensions Act 2017 (Section 42) (Payments to General Practitioners) Regulations 2019 (S.I. No. 692 of 2019)

• Public Service Pay and Pensions Act 2017 (Payments to Community Pharmacy Contractors) Regulations 2019 (S.I. No. 639 of 2019)

• Public Service Pay And Pensions Act 2017 (Payments In Respect Of Certain Services Under The Health Act 1970) Regulations 2019 (S.I. No. 290 of 2019)

• Public Service Pay and Pensions Act 2017 (Payments in respect of Certain Medical Certification and Reports under the Social Welfare Consolidation Act 2005) Regulations 2019 (S.I. No. 73 of 2019)

• Public Service Pay and Pensions Act 2017 (Payments in Respect of Certain Services under Section 62A of the Health Act 1970) Regulations 2018 (S.I. No. 598 of 2018)

All statutory instruments up to and including Public Service Pay and Pensions Act 2017 (Section 42) (Payments to General Practitioners) (Amendment) Regulations 2023 (S.I. No. 30 of 2023), made 2 February 2023, were considered in the preparation of this revision.

Number 34 of 2017

PUBLIC SERVICE PAY AND PENSIONS ACT 2017

REVISED

Updated to 2 February 2023

CONTENTS

PART 1

Preliminary and General

Section

1. Short title and commencement

2. Interpretation

3. Covered and non-covered public servants - meaning

4. Repeal

PART 2

Remuneration - Public Servants Generally

Chapter 1

Preliminary

5. Interpretation (Part 2)

6. Further pay restoration and supplemental provisions concerning Part’s effect

Chapter 2

Restoration of Covered Public Servants’ Pay

7. Restoration of covered public servants’ pay: provisions for 2018

8. Covered public servants: restoration of pay provisions for 2019

9. Construction of certain references for purposes of pay restoration provisions in section 10

10. Covered public servants: restoration of pay provisions for 2020

11. Equal pay for new entrants

Chapter 3

Restoration of Non-covered Public Servants’ Pay

12. Restoration of non-covered public servants’ pay: provisions for 2018

13. Non-covered public servants: restoration of pay provisions for 2019

14. Construction of certain references for purposes of pay restoration provisions in section 15

15. Non-covered public servants: restoration of pay provisions for 2020 and 2021

Chapter 4

Provisions Supplementing Chapters 2 and 3

16. Correction of anomalies consequential on operation of preceding provisions of Part

17. Interaction between certain provision of section 6C of No. 2 Act of 2009 and preceding provisions

18. Provision regarding operation of section 6C(3) of No. 2 Act of 2009

Chapter 5

Completion of Pay Restoration

19. Public servants falling within certain pay range: provision to complete restoration of their pay

20. Public servants falling within certain pay range not covered by section 19: provision to complete restoration of their pay

21. Exclusion of completion of pay restoration in the case of certain officeholders

Chapter 6

Miscellaneous

22. Operation of pay scale in relation to non-covered public servant

23. Amendment of section 5 of No. 2 Act of 2009

24. Repeal of certain provisions of No. 2 Act of 2009

PART 3

Public Service Pension Reduction

25. Amendment of section 2 of Act of 2010

26. Amendment of section 2A of Act of 2010

27. Provision in respect of amounts of public service pension not restored by preceding provisions

PART 4

Additional Superannuation Contribution

28. Interpretation (Part 4)

29. Pensionable pay

30. Relevant benefit

31. Application of Part

32. Additional superannuation contribution

33. Payment of additional superannuation contribution for 2019 and 2020 (covered public servant)

34. Payment of additional superannuation contribution for 2019 and 2020 (non-covered public servant)

35. Payment of additional superannuation contribution for 2021 and subsequent years

36. Membership of multiple schemes

37. Central Bank of Ireland

38. Regulations in relation to collection arrangements, etc.

39. Obligation to make payments into Exchequer, etc.

40. Contributions made by certain persons who cease to be public servants

41. Removal of doubts

PART 5

Regulation of Fees and Other Payments

42. Regulation of fees and other payments

PART 6

Transitional Provisions

43. Regulations under Act of 2009

44. Repayment of deductions under Act of 2009

PART 7

Miscellaneous

45. Regulations and orders

Acts Referred to

Central Bank Act 1942 (No. 22)

Competition Act 2002 (No. 14)

Financial Emergency Measures in the Public Interest (No. 2) Act 2009 (No. 41)

Financial Emergency Measures in the Public Interest Act 2009 (No. 5)

Financial Emergency Measures in the Public Interest Act 2010 (No. 38)

Financial Emergency Measures in the Public Interest Act 2013 (No. 18)

Financial Emergency Measures in the Public Interest Act 2015 (No. 39)

Pensions Act 1990 (No. 25)

Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37)

Taxes Consolidation Act 1997 (No. 39)

Number 34 of 2017

PUBLIC SERVICE PAY AND PENSIONS ACT 2017

REVISED

Updated to 2 February 2023

An Act, in the public interest, to provide for—

(A) a further restoration, that is a restoration further to that provided in consequence of legislation enacted in 2015, of the remuneration of certain persons in the public service that had been the subject of a reduction effected by legislation enacted in 2009, 2011 or 2013, and for that purpose to repeal or amend certain of the foregoing legislation;

(B) an increase in the amount of pension or other benefits, other than lump sums, (being the amount of pension or other benefits at the level at which they stand fixed, before the passing of this Act, in consequence of legislation enacted in 2010, 2013 or 2015) payable to or in respect of certain persons who were in the public service under an occupational pension scheme or arrangement (by whatever name called) and for that purpose to amend certain of the foregoing legislation;

(C) the repeal of the Financial Emergency Measures in the Public Interest Act 2009;

(D) the payment of an additional superannuation contribution by certain persons in the public service who are members of a public service pension scheme;

(E) the regulation of certain fees and other payments in respect of services rendered to or on behalf of the State;

and to provide for related matters.

[16th December, 2017]

WHEREAS the economic recovery has progressed to a level that the economy is now more balanced than heretofore, with a considerable improvement in the State’s international competitiveness and fiscal position being witnessed (and this recital and those following it relate to Parts 2 and 3 and 5 to 7 of this Act):

AND WHEREAS the economy remains vulnerable, in significant respects, due to various factors, including, domestically, from high levels of public and private debt and, internationally, by reason of the process initiated by the United Kingdom to withdraw from membership of the European Union and the uncertainty associated with the risk of protectionist trade and taxation policies:

AND WHEREAS reductions in the remuneration and superannuation of public servants and former public servants effected by legislation enacted in the last 8 years have materially contributed to the stabilisation of the public finances:

AND WHEREAS there is an obligation on the part of the State to have a prudent fiscal policy under the Stability and Growth Pact and the Fiscal Compact and the repeal of the foregoing legislation in one Budget year would not be sustainable in financial terms but its repeal, in a phased manner, over a number of years would be so sustainable:

Be it enacted by the Oireachtas as follows: