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Financial Emergency Measures in the Public Interest Act 2009

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Number 5 of 2009


FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST ACT 2009


ARRANGEMENT OF SECTIONS

Section

1. Interpretation.

2. Deduction to be made from remuneration of public servants.

3. Regulations in relation to collection arrangements, etc.

4. Obligation to make payments into Exchequer, etc.

5. Certain public servants’ right to give notice.

6. Deductions made from remuneration of certain persons who cease to be public servants.

7. No additional benefit, etc.

8. Exemption, etc., from deductions in certain circumstances.

9. Reduction of payments to health professionals.

10. Reduction of other payments.

11. Non-applicability to public servants.

12. Farm Waste Management Scheme.

13. Annual review and report to the Houses of the Oireachtas.

14. Regulations.

15. Removal of doubts.

16. Amendment of Income Tax Acts.

17. Amendment of Local Government Act 1998 — payments into Local Government Fund by Minister for the Environment, Heritage and Local Government.

18. Amendment of Social Welfare Consolidation Act 2005 — early childcare supplement.

19. Short title.

SCHEDULE

Bodies to which the definition of “Public Service Body” does not apply


Acts Referred to

Companies Acts

Competition Act 2002

2002, No. 14

Defence Act 1954

1954, No. 18

Defence (Amendment) Act 2007

2007, No. 24

European Assembly (Irish Representatives) Act 1979

1979, No. 19

Harbours Act 1946

1946, No. 9

Harbours Act 1996

1996, No. 11

Local Government Act 1998

1998, No. 16

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

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

Social Welfare Consolidation Act 2005

2005, No. 26

Social Welfare Law Reform and Pensions Act 2006

2006, No. 5

Social Welfare (Miscellaneous Provisions) Act 2008

2008, No. 22

Superannuation Acts 1834 to 1963

Taxes Consolidation Act 1997

1997, No. 39

Vocational Education Act 1930

1930, No. 29

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Number 5 of 2009


FINANCIAL EMERGENCY MEASURES IN THE PUBLIC INTEREST ACT 2009


AN ACT, IN THE PUBLIC INTEREST, TO PROVIDE FOR THE PAYMENT OF A CONTRIBUTION BY CERTAIN PERSONS IN THE PUBLIC SERVICE (INCLUDING MEMBERS OF THE HOUSES OF THE OIREACHTAS AND CERTAIN OFFICE HOLDERS) WHO ARE MEMBERS OF 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 PROVIDE FOR THE REDUCTION OF THE AMOUNT PAYABLE, OR RATE OF PAYMENT, OUT OF MONEY PROVIDED BY THE OIREACHTAS OR THE CENTRAL FUND OR THE GROWING PRODUCE OF THAT FUND TO CERTAIN PERSONS FOR CERTAIN SERVICES TO OR ON BEHALF OF THE STATE, TO PROVIDE FOR THE AMENDMENT OF SECTION 4 OF THE LOCAL GOVERNMENT ACT 1998, THE INCOME TAX ACTS AND PART 4A OF THE SOCIAL WELFARE CONSOLIDATION ACT 2005, TO PROVIDE FOR THE DEFERRAL OF LIABILITIES, ACCRUALS OR PAYMENTS DUE UNDER A SCHEME KNOWN AS THE FARM WASTE MANAGEMENT SCHEME AND TO PROVIDE FOR RELATED MATTERS.

[27th February, 2009]

WHEREAS a serious disturbance in the economy and a decline in the economic circumstances of the State have occurred, 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 Exchequer commitments in respect of public service pensions;

AND WHEREAS it is necessary to cut current Exchequer spending substantially to demonstrate to the international financial markets that public expenditure is being significantly controlled so as to ensure continued access to international funding, and to protect the State’s credit rating and reverse the erosion of the State’s international competitiveness;

AND WHEREAS the burden of job losses and salary reductions in the private sector has been very substantial and it is equitable that the public sector should share that burden;

AND WHEREAS it is necessary to take the measures in this Act as part of a range of measures to address the economic crisis;

AND WHEREAS the value of public service pensions is significantly and markedly more favourable than those generally available in other employment—

BE IT THEREFORE ENACTED BY THE OIREACHTAS AS FOLLOWS: