Tailte Éireann Act 2022
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Chapter 2 Transfer of staff and superannuation | ||
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Transfer of staff to Tailte Éireann | ||
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35. (1) The following persons shall, on the establishment day, become and be a member of the staff of Tailte Éireann and shall hold or continue to hold, as the case may be, a position in the Civil Service of the State: | ||
(a) the chief executive, immediately before the establishment day, of a dissolved body; | ||
(b) the person holding office as the Commissioner of Valuation immediately before the establishment day; | ||
(c) the person appointed to be the Boundary Surveyor immediately before the establishment day; | ||
(d) every person who, immediately before the establishment day, was— | ||
(i) a member of the staff of a dissolved body, or | ||
(ii) an officer of the Commissioner, other than an empowered person. | ||
(2) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association, a person referred to in subsection (1) shall not on the establishment day be subject to less favourable terms and conditions of service including terms and conditions relating to remuneration than the terms and conditions of service, including terms and conditions relating to remuneration, to which the person was subject immediately before that day. | ||
(3) In relation to persons transferred to the staff of Tailte Éireann under subsection (1), previous service with the dissolved body concerned, service as the Commissioner of Valuation, the Boundary Surveyor or as an officer of the Commissioner, as the case may be, shall be reckonable for the purposes of, but subject to any exclusions in— | ||
(a) the Redundancy Payments Acts 1967 to 2014; | ||
(c) the Protection of Employees (Fixed-Term Work) Act 2003 ; | ||
(d) the Organisation of Working Time Act 1997 ; | ||
(e) the Minimum Notice and Terms of Employment Acts 1973 to 2005; | ||
(f) the Unfair Dismissals Acts 1977 to 2015; | ||
(g) the Terms of Employment (Information) Acts 1994 to 2014; | ||
(h) the Maternity Protection Acts 1994 and 2004; | ||
(i) the Parental Leave Acts 1998 to 2019; | ||
(j) the Adoptive Leave Acts 1995 and 2005; | ||
(k) the Carer’s Leave Act 2001 ; | ||
(l) the Paternity Leave and Benefit Act 2016 ; | ||
(m) the Parent’s Leave and Benefit Act 2019 . | ||
(4) Subject to subsection (5), any superannuation benefits awarded to, or in respect of, a person referred to in subsection (1) and the terms relating to those benefits shall be no less favourable than those applicable to, or in respect of, that person immediately before the establishment day. | ||
(5) Subsection (4) shall not apply in respect of a provision in a scheme or arrangement in relation to superannuation in respect of which the consent or approval of the Minister for Finance, the Minister for Public Expenditure and Reform or any other Minister of the Government was required by or under any enactment but not obtained. | ||
(6) The pension payments and other superannuation liabilities of a person referred to in subsection (1) become, on the establishment day, the liabilities of the Minister for Public Expenditure and Reform. | ||
(7) A person referred to in subsection (1) shall 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. | ||
(8)(a) Tailte Éireann shall not, from the date on which this subsection comes into operation, make a scheme under section 17(1) of the OSI Act 2001. | ||
(b) Paragraph (a) shall not affect the validity of any scheme made under section 17(1) of the OSI Act 2001 before the date on which this subsection comes into operation. | ||
(9) In this section, “recognised trade union or staff association” means a trade union or staff association recognised by the Minister for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions of employees. |