16. (1) Part 2 of Schedule 1 to the Principal Act is amended by inserting the following after paragraph 6:

“7. Employment in the State in a company under a written or an oral contract of service, whether expressed or implied, where the employed person is—

(a) the beneficial owner of that company, or

(b) able to control 50 per cent or more of the ordinary share capital of that company, either directly or through the medium of other companies or by any indirect means.”.

(2) Section 12 of the Principal Act is amended by inserting the following after subsection (4):

“(5) The insertion of paragraph 7 of Part 2 of Schedule 1 by section 16 of the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 as it affects subsection (1), shall apply to employment that is performed—

(a) on the day of,

(b) after the day of, or

(c) subject to subsection (6), before the day of,

the commencement of that section 16.

(6) A person may elect not to have paragraph 7 of Part 2 of Schedule 1 (inserted by section 16 of the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013) apply to his or her employment, referred to in that paragraph, where it is performed before the commencement of section 16 of the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013.”.