Industrial Development (Forfás Dissolution) Act 2014
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PART 5 Staff of Forfás Seconded to National Standards Authority of Ireland | ||
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Transfer of seconded staff to National Standards Authority of Ireland | ||
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14. (1)(a) Every person seconded from Forfás under paragraph 2(2) of the Second Schedule to the Act of 1993 to the National Standards Authority of Ireland (in this section referred to as the “NSAI”) who is on secondment to the NSAI immediately before the coming into operation of this section shall, on that coming into operation, become and be a member of staff of the NSAI. | ||
(b) Every person who is a member of staff of Forfás who immediately before the coming into operation of this section discharges his or her functions in accordance with the directions of the NSAI under section 38 of the Act of 1996 shall, on that coming into operation, become and be a member of staff of the NSAI. | ||
(2) Save in accordance with a collective agreement negotiated with a recognised trade union or staff association and approved by the Minister with the consent of the Minister for Public Expenditure and Reform, a person referred to in subsection (1) shall be subject to such terms and conditions of service, including terms and conditions relating to remuneration, as are not less favourable than the terms and conditions of service, including terms and conditions relating to remuneration, to which the person was subject immediately before the coming into operation of this section. | ||
(3) In relation to a person referred to in subsection (1), previous service with Forfás shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the following: | ||
(a) the Redundancy Payments Acts 1967 to 2012; | ||
(c) the Protection of Employees (Fixed-Term Work) Act 2003 ; | ||
(d) the Organisation of Working Time Act 1997 ; | ||
(e) the Terms of Employment (Information) Acts 1994 to 2012; | ||
(f) the Minimum Notice and Terms of Employment Acts 1973 to 2005; | ||
(g) the Unfair Dismissals Acts 1977 to 2007; | ||
(h) the Maternity Protection Acts 1994 and 2004; | ||
(i) the Parental Leave Acts 1998 and 2006; | ||
(j) the Adoptive Leave Acts 1995 and 2005; | ||
(k) the Carer’s Leave Act 2001. | ||
(4) Subject to subsection (5), the provisions of a scheme or arrangement in relation to superannuation that immediately before the coming into operation of this section apply to, or in respect of, a person referred to in subsection (1) shall continue to apply to, or in respect of, that person after the coming into operation of this section. | ||
(5) Subsection (4) shall not apply in respect of a provision in a scheme or arrangement in relation to superannuation in respect of which the consent or approval of the Minister for Finance, the Minister for Public Expenditure and Reform or any other Minister of the Government was required by or under any enactment but not obtained. | ||
(6) Every person referred to in subsection (1), to whom the Single Public Service Pension Scheme does not apply by virtue of Chapter 2 of Part 2 of the Act of 2012, shall on the coming into operation of this section become a member of the superannuation scheme of NSAI made under paragraph 3 of the Second Schedule to the Act of 1996 which scheme shall, in relation to such persons, be deemed to stand amended in such respects as are necessary to take account of any provisions that apply to, or in respect of, that person by virtue of subsection (4) and if any of those provisions provide for the exercise of a discretion, NSAI shall, on and after the coming into operation of this section, exercise that discretion. | ||
(7) Any period of service by a person as a member of staff of Forfás which was a period of reckonable service for the purposes of a scheme or arrangement for the granting of superannuation benefits to, or in respect of, members of the staff of Forfás shall be regarded as a period of reckonable service for the purposes of the superannuation scheme of NSAI referred to in subsection (6). | ||
(8) Section 50 of the Act of 1998 is repealed. |