Public Service Pay and Pensions Act 2017
Number 34 of 2017
PUBLIC SERVICE PAY AND PENSIONS ACT 2017
REVISED
Updated to 27 March 2024
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 European Arrest Warrant (Amendment) Act 2024 (9/2024), enacted 12 March 2024, and all statutory instruments up to and including the Public Service Pay and Pensions Act 2017 (Section 42) (Payments to General Practitioners) (Amendment) Regulations 2024 (S.I. No. 120 of 2024), made 27 March 2024, 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 27 March 2024
CONTENTS
Preliminary and General
Section
1. Short title and commencement
3. Covered and non-covered public servants - meaning
Remuneration - Public Servants Generally
Preliminary
6. Further pay restoration and supplemental provisions concerning Part’s effect
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
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
Provisions Supplementing Chapters 2 and 3
16. Correction of anomalies consequential on operation of preceding provisions of Part
18. Provision regarding operation of section 6C(3) of No. 2 Act of 2009
Completion of Pay Restoration
19. Public servants falling within certain pay range: provision to complete restoration of their pay
21. Exclusion of completion of pay restoration in the case of certain officeholders
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
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
Additional Superannuation Contribution
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
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
Regulation of Fees and Other Payments
42. Regulation of fees and other payments
Transitional Provisions
43. Regulations under Act of 2009
44. Repayment of deductions under Act of 2009
Miscellaneous
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 27 March 2024
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: