Public Service Management (Recruitment and Appointments) Act 2004

F25 [ Terms and conditions of redeployment.

57C

57C . (1) Save

( a ) in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned or an agreement negotiated with the person concerned, or

( b ) as provided for by law,

the pay of a person, the subject of a designation under section 57B , shall not be less than the basic pay to which he or she was entitled immediately before the redeployment day.

(2) The previous service with a public service body of a person designated for redeployment under section 57B shall be reckonable for the purposes of, but subject to, any exceptions or exclusions in:

( 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; and

( k ) the Carer s Leave Act 2001 .

(3) The provisions of a superannuation scheme or arrangement that immediately before the redeployment day govern the conditions applicable to or in respect of a person designated for redeployment under section 57B shall

( a ) save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, and

( b ) subject to subsections (4) and (5) ,

continue to apply to or in respect of that person.

(4) Notwithstanding subsection (3 ), a provision of a superannuation scheme or arrangement or collective agreement referred to in subsection (3) shall only have effect for the purpose of that subsection if it has been approved either

( a ) by the Minister, or

( b ) by another Minister of the Government with the consent or concurrence of the Minister.

(5) Notwithstanding subsection (3)

( a ) the age at which superannuation benefits are payable, and

( b ) the rate to be applied in respect of the accrual of service,

in relation to service that occurs after the redeployment day shall be those applicable in respect of the position to which the person is designated for redeployment. Service that occurs before the redeployment day shall be reckonable in accordance with the terms of the policy for the time being of the Minister with regard to transfer of service arrangements.

(6) Where the provisions of a superannuation scheme or arrangement referred to in subsection (3) confer a power to exercise a discretion that power shall, on and after the redeployment day, be exercisable by the public service body to which the person concerned is redeployed, by the trustees of the superannuation scheme of that body, or by the Minister, as appropriate.

(7) Unless the Minister consents in writing to other arrangements, the pension payments and other superannuation liabilities in respect of a person redeployed following a designation under section 57B shall become, on the redeployment day, the liabilities of the superannuation scheme or arrangement of the public service body to which he or she is redeployed, and such a person shall become a member of the relevant superannuation scheme or arrangement of that body (which scheme or arrangement shall, in relation to that person, be deemed to stand amended in such respects as are necessary to take account of any conditions that apply to or in respect of that person by virtue of subsection (3) ).

(8) If such is not the case immediately before the redeployment day, a person redeployed under section 57B to a position in the civil service shall, from that day, be subject to and employed in accordance with the Civil Service Regulation Acts 1956 to 2005 and the Ethics in Public Office Acts 1995 and 2001. ]