County Enterprise Boards (Dissolution) Act 2014
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Transfer of staff of county enterprise boards | ||
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12. (1) Save in accordance with any 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, Forfás shall accept into its employment on the dissolution day each person who, immediately before that day— | ||
(a) stood designated by the Minister in accordance with subsection (1) of section 11 , and | ||
(b) was a member of staff of a county enterprise board, on such terms and conditions of service relating to remuneration as are not less favourable to him or her than the terms and conditions of service relating to remuneration to which the person was subject immediately before that day. | ||
(2) Save in accordance with any 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, Enterprise Ireland shall accept into its employment on the dissolution day each person who, immediately before that day— | ||
(a) stood designated by the Minister in accordance with subsection (2) of section 11 , and | ||
(b) was a member of staff of a county enterprise board, on such terms and conditions of service relating to remuneration as are not less favourable to him or her than the terms and conditions of service relating to remuneration to which the person was subject immediately before that day. | ||
(3) Save in accordance with any 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 and the Minister for the Environment, Community and Local Government, a local authority shall accept into its employment on the dissolution day each person who, immediately before that day— | ||
(a) stood designated by the Minister in accordance with subsection (3) of section 11 for employment by that local authority, and | ||
(b) was a member of staff of a county enterprise board, on such terms and conditions of service relating to remuneration as are not less favourable to him or her than the terms and conditions of service relating to remuneration to which the person was subject immediately before that day. | ||
(4) In relation to persons accepted into the employment of Forfás, Enterprise Ireland or a local authority in accordance with this section, previous service with a county enterprise board shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the following enactments: | ||
(a) the Redundancy Payments Acts 1967 to 2012; | ||
(c) the Minimum Notice and Terms of Employment Acts 1973 to 2005; | ||
(d) the Unfair Dismissals Acts 1977 to 2007; | ||
(e) the Organisation of Working Time Act 1997 ; | ||
(f) the Parental Leave Acts 1998 and 2006. | ||
(5) (a) 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, the entitlement to any superannuation benefit of, or in respect of, a person who was accepted into the employment of Forfás, Enterprise Ireland or a local authority in accordance with this section shall be determined, and the benefit shall be calculated and paid, by Forfás, Enterprise Ireland or that local authority, as may be appropriate, in accordance with such scheme, arrangements or enactments in relation to superannuation as applied to the person immediately before the dissolution day and, for that purpose, his or her pensionable service with Forfás, Enterprise Ireland or a local authority, as the case may be, shall be aggregated with his or her previous pensionable service. | ||
(b) 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, the entitlement to any superannuation benefit of, or in respect of, a person who is a former member of the staff of a county enterprise board (including those former members of staff of a county enterprise board who are deceased) shall be determined, and the benefit shall be calculated and paid, by the Minister in accordance with such scheme, arrangements or enactments in relation to superannuation as applied in respect of the person immediately before the dissolution day. | ||
(c) All functions in relation to superannuation under any scheme, arrangement or enactment that, immediately before the dissolution day, vested in a county enterprise board shall on and from that day vest in the Minister. | ||
(6) The Second Schedule to the Industrial Development Act 1993 is amended by the substitution of the following subparagraph for subparagraph (2) of paragraph 2: | ||
“(2) Any person— | ||
(a) accepted into the employment of Forfás under section 21, | ||
(b) transferred to the staff of Forfás in accordance with— | ||
(i) section 21A (inserted by the Industrial Development Act 2006 ), or | ||
(ii) section 39 or 40 of the Industrial Development (Enterprise Ireland) Act 1998 , | ||
or | ||
(c) accepted into the employment of Forfás in accordance with section 12 of the County Enterprise Boards (Dissolution) Act 2014, | ||
may be seconded from time to time by Forfás to serve with the IDA, Enterprise Ireland or the National Standards Authority of Ireland.”. | ||
(7) In this section— | ||
“superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death. |