Financial Emergency Measures in the Public Interest Act 2015

PART 2

Remuneration - Public Servants Generally

Pay restoration

3. The Financial Emergency Measures in the Public Interest (No. 2) Act 2009 is amended by the insertion of the following sections after section 6:

“Adjustment to remuneration affected by operation of section 2

6A. (1) The amount by which the basic salary of a public servant stands reduced by virtue of section 2, being the basic salary the annualised amount of which, as so reduced, does not exceed €24,000, €31,000 or €65,000, as the case may be, shall—

(a) in accordance with this section, and

(b) as regards payment of that salary occurring on or after the relevant date specified in this section,

be restored in part, or (if such is this section’s effect) in whole, to the public servant.

(2) References in subsections (3), (4) and (5) to basic salary are references to basic salary as it stands reduced by virtue of section 2.

(3) The annualised amount of the basic salary of a public servant that is not greater than €24,000 shall, on and from 1 January 2016, be increased by 2.5 per cent.

(4) The annualised amount of the basic salary of a public servant that is greater than €24,000 but not greater than €31,000 shall, on and from 1 January 2016, be increased by 1 per cent.

(5) The annualised amount of the basic salary of a public servant that is not greater than €65,000 (including a public servant referred to in subsections (3) and (4), but excluding a public servant referred to in section 2A(4)) shall, on and from 1 September 2017, be increased by €1,000.

(6) For the avoidance of doubt, where subsection (5) results in the annualised amount of the basic salary of a public servant being greater than €65,000 after 1 September 2017, section 2A does not affect that remuneration.

(7) Where the operation of subsections (3), (4) or (5) results in the basic salary of a public servant being increased above the amount of his or her basic salary as it stood before it was reduced in accordance with section 2, such increase shall have effect, notwithstanding the reference in subsection (1) to an amount of salary being restored.

Correction of anomalies consequential on operation of section 6A

6B. Where the operation of section 6A results in the basic salary of a public servant to whom subsection (3), (4) or (5) of that section applies being higher than the basic salary applicable to the next immediate point, or (if such is the case) any higher point, on the pay scale that applies to the public servant, the Minister may, having taken into account all of the circumstances that relate to the existence of the differential between the points on that scale—

(a) by direction, increase the basic salary applicable to, as the case may be—

(i) that next immediate point, or

(ii) that higher point, and, if appropriate, one or more of the points below that point,

on that scale to such extent as the Minister thinks fit so as to maintain an equitable differential between the points on that scale, or

(b) determine that in respect of certain categories of public servant to whom that scale applies, the basic salary to be paid, for the time being, to those public servants shall, to such extent as the Minister thinks fit so as to maintain an equitable differential between the various salaries payable to the several public servants to whom that scale applies, be greater or less than an amount provided by a particular point on that scale.

Restoration of remuneration affected by operation of section 2A

6C. (1) The amount by which the annual remuneration of a public servant stands reduced by virtue of section 2A, being the annual remuneration the amount of which, as so reduced, is not less than €65,000 or €110,000, as the case may be, shall—

(a) in accordance with this section, and

(b) as regards payment of that remuneration occurring on or after the relevant date specified in this section,

be restored to the public servant.

(2) The amount by which the annual remuneration of a public servant stands reduced by virtue of section 2A, the amount of which, as so reduced, is not less than €65,000 and not more than €110,000, shall—

(a) as to one half of the amount of that reduction, be restored to the public servant on 1 April 2017, and

(b) as to the other half of the amount of that reduction, be restored to the public servant on 1 January 2018.

(3) The amount by which the annual remuneration of a public servant stands reduced by virtue of section 2A, the amount of which, as so reduced, is in excess of €110,000, shall—

(a) as to one third of the amount of that reduction, be restored to the public servant on 1 April 2017,

(b) as to another one third of the amount of that reduction, be restored to the public servant on 1 April 2018, and

(c) as to the remaining one third of that reduction, be restored to the public servant on 1 April 2019.

(4) In this section, “annual remuneration” shall be construed in accordance with section 2A(1)(b).”.