39. (1) Save in accordance with any collective agreement negotiated with a recognised trade union or staff association, with the approval of the Minister, given with the consent of the Minister for Public Expenditure and Reform, a person who was accepted into the employment of Sport Ireland in accordance with section 38 who, immediately before the establishment day, was a member of a staff superannuation scheme shall, on and after the establishment day, continue to be a member of such scheme in accordance with its terms and conditions in force from time to time.

(2) Every scheme or arrangement in relation to superannuation administered by the Council or the Authority immediately prior to the establishment day shall, on and after the establishment day, continue in force as if made by Sport Ireland who shall have like power s (including the power to amend a scheme or arrangement) in relation to every such scheme or arrangement as the Council or the Authority had immediately prior to its dissolution.

(3) A person referred to in subsection (1) shall not, on the establishment day, become a Scheme member within the meaning of section 10 of the Act of 2012.