Safety, Health and Welfare at Work Act 2005

F17[Transfer of certain members of staff of Forfás to Authority

54A

54A. (1) The Minister may designate in writing such and so many members of the staff of Forfás as he or she decides to be transferred to the Authority from such date as may be specified in the designation (in this section referred to as the effective date).

(2) A member of staff of Forfás designated in accordance with subsection (1) shall become and be a member of staff of the Authority from the effective date.

(3) 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 transferred by virtue of a designation under subsection (1) to the staff of the Authority 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 effective date.

(4) In relation to a person transferred to the Authority in accordance with 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;

(b) the Protection of Employees (Part-Time Work) Act 2001;

(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 Carers Leave Act 2001.

(5) Subject to subsection (6), the provisions of a scheme or arrangement in relation to superannuation that immediately before the effective date apply to, or in respect of, a person transferred to the Authority in accordance with subsection (1) shall continue to apply to, or in respect of, that person on and after the effective date.

(6) Subsection (5) 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.

(7) Every person transferred to the Authority in accordance with 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 effective date become a member of the superannuation scheme of the Authority made under section 56 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 (5) and if any of those provisions provide for the exercise of a discretion, the Authority shall, on and after the effective date, exercise that discretion.

(8) 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 the Authority referred to in subsection (7).]

Annotations

Amendments:

F17

Inserted (16.07.2014) by Industrial Development (Forfás Dissolution) Act 2014 (13/2014), s. 31, S.I. No. 304 of 2014.