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Transferred staff.
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10.—(1) Every person including the Director who, immediately before the commencement of this Act, is employed whole-time by the body known as the National Institute for Higher Education, Dublin, shall, on such commencement, be transferred to and become an officer or servant, as may be appropriate, of the Institute, and all persons so transferred shall, for so long as they remain in the employment of the Institute, be members of the transferred staff of the Institute and are in this Act referred to as “the Institute's transferred staff”.
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(2) (a) Subject to subsection (4) of this section, a member of the Institute's transferred staff shall not, while in the employment of the Institute, receive less remuneration or be subject to less beneficial conditions of service than the remuneration approved by the Minister with the concurrence of the Minister for the Public Service to which he was entitled and the conditions of service approved by the Minister to which he was subject by virtue of such membership in the service from which he was transferred by virtue of this section.
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(b) The conditions of service, restrictions, requirements and obligations to which a member of the Institute's trans- ferred staff was subject by virtue of such membership immediately before his transfer to the service of the Institute shall, unless they are varied by agreement, continue to apply to him and may be exercised or imposed by the Institute or the Director, as may be appropriate, while he is in the service of the Institute.
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(3) A member of the Institute's transferred staff shall not, while in the service of the Institute, be subject to less favourable conditions in relation to the grant of superannuation allowances (whether by way of lump-sum, pension or gratuity or of compensation for loss of office) than the conditions approved by the Minister with the concurrence of the Minister for the Public Service which applied to him by virtue of such membership immediately before his transfer by virtue of this section to the Institute.
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(4) (a) The Institute may, following consultation with any recognised staff associations or trade unions concerned, redistribute or rearrange the duties to be performed by members of the Institute's transferred staff who are employed in a particular grade or class of employment and every such member shall be bound to perform the duties allocated to him in any such redistribution or rearrangement.
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(b) A redistribution or rearrangement referred to in paragraph (a) of this subsection shall not be taken to be removal from or abolition of office for the purpose of any scheme or enactment relating to superannuation or compensation for loss of office.
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