Further Education and Training Act 2013

46.

Transfer of staff from An tSeirbhís to training body.

46.— (1) The Minister may designate for employment by an education and training board specified by him or her a person who is a member of the staff of An tSeirbhís.

(2) The Minister may designate for employment by an education and training board specified by him or her a person who is a fixed-term employee (within the meaning of the Protection of Employees (Fixed-Term Work) Act 2003) of An tSeirbhís.

(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, an education and training board shall accept into its employment on the employment transfer day in accordance with this section any person who immediately before that day is a member of the staff of An tSeirbhís and is designated by the Minister for employment by that education and training board, on such terms and conditions of service relating to remuneration as are not less favourable than the terms and conditions of service relating to remuneration to which the person was subject immediately before that day.

(4) 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 a person who was—

( a) accepted into the employment of An tSeirbhís in accordance with section 28 , and

( b) subsequently designated under this section and accepted into the employment of an education and training board,

shall be determined, and the benefit shall be calculated and paid, by the education and training board in accordance with such scheme, arrangements or enactments in relation to superannuation, as applied to the person immediately before the employment transfer day and, for that purpose, his or her pensionable service with the education and training board shall be aggregated with his or her previous pensionable service (including his or her pensionable service with An tSeirbhís).

(5) In relation to persons who were accepted into the employment of an education and training board in accordance with this section, previous service with the dissolved body and previous service with An tSeirbhís shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the Redundancy Payments Acts 1967 to 2007, the Protection of Employees (Part-Time Work) Act 2001, the Organisation of Working Time Act 1997, the Minimum Notice and Terms of Employment Acts 1973 to 2005 and the Unfair Dismissals Acts 1977 to 2007.

(6) In this section “employment transfer day” means, in relation to—

( a) an education and training board specified by the Minister, and

( b) a member of the staff of An tSeirbhís to whom a designation under this section applies as respects that education and training board,

such date as may be specified in writing by the Minister.