(LRC Revised)

Number 38 of 2010

FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST ACT 2010

REVISED

Updated to 1 January 2023

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

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

1. Interpretation.

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.

9. Amendment of Act of 2009.

10. Annual

review and report to Houses of the Oireachtas.

(Repealed)

11. Regulations.

12. Removal of doubts.

13. Amendment of National Minimum Wage Act 2000.

14. Short title.

SCHEDULE

Bodies to which the definition of “public service body” does not apply

Acts Referred to

Companies Acts

Defence Act 1954

1954, No. 18

Defence (Amendment) Act 2007

2007, No. 24

European Parliament (Irish Constituency Members) Act 2009

2009, No. 17

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

2009, No. 41

Harbours Act 1946

1946, No. 9

Harbours Act 1996

1996, No. 11

Local Government Act 2001

2001, No. 37

Ministerial and Parliamentary Offices Act 1938

1938, No. 38

Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous

Provisions) Act 2001

2001, No. 33

National Minimum Wage Act 2000

2000, No. 5

Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment)

Act 1973

1973, No. 22

Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices

(Amendment) Act 1977

1977, No. 29

Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices

(Amendment) Act 1983

1983, No. 32

Pensions Act 1990

1990, No. 25

Public Service Superannuation (Miscellaneous Provisions) Act 2004

2004, No. 7

Superannuation Acts 1834 to 1963

Taxes Consolidation Act 1997

1997, No. 39

Vocational Education Act 1930

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.

[22

nd 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

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 38 of 2010

Financial Emergency Measures in the Public Interest Act 2010

The whole Act (except section 10)

...

...

...

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.

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

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 38 of 2010

Financial Emergency Measures in the Public Interest Act 2010

The whole Act (except section 10)

...

...

...

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.

ARRANGEMENT OF SECTIONS

Section

1. Interpretation.

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.

9. Amendment of Act of 2009.

10. Annual

review and report to Houses of the Oireachtas.

(Repealed)

11. Regulations.

12. Removal of doubts.

13. Amendment of National Minimum Wage Act 2000.

14. Short title.

SCHEDULE

Bodies to which the definition of “public service body” does not apply