39.—(1) Every person who immediately before the establishment day is a member of the staff of An Bord Tráchtála shall, on that day, be transferred to and become a member of the staff of Forfás.

(2) Save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned, a person referred to in subsection (1) shall not, while in the service of Forfás, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service (including those relating to tenure of office) than the scale of pay to which he or she was entitled and the terms and conditions of service (including conditions relating to tenure of office) to which he or she was subject immediately before the establishment day.

(3) Superannuation benefits granted under schemes to persons who were members of the staff of An Bord Tráchtála who are transferred to and become members of the staff of Forfás shall continue as if granted under paragraph 3 of the Second Schedule to the Act of 1993 and the terms and conditions relating to those benefits shall not be less favourable to those persons than those to which they were entitled before their transfer.