National Cultural Institutions (National Concert Hall) (Amendment) Act 2023

Transfer of staff

5. (1) Each person who immediately before the transfer day was a member of staff of RTÉ and who stood assigned to perform duties relating to the orchestra or the choirs shall, with effect on and from the transfer day, be a member of staff of the NCH.

(2) A person referred to in subsection (1) shall be subject to such terms and conditions of service including terms and conditions relating to remuneration, as are not less favourable than the terms and conditions of service, including terms and conditions relating to remuneration, to which the person was subject immediately before the transfer day.

(3) In subsection (2), a reference to terms and conditions relating to remuneration does not include conditions in relation to superannuation.

(4) In relation to a person referred to in subsection (1), previous service with RTÉ shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the following:

(a) the Redundancy Payments Acts 1967 to 2022;

(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 2014;

(f) the Minimum Notice and Terms of Employment Acts 1973 to 2005;

(g) the Unfair Dismissals Acts 1977 to 2015;

(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 .

(5) A person who immediately before his or her transfer to the NCH under subsection (1) was a member of a relevant superannuation scheme shall, with effect on and from the transfer day, cease to be a member of that scheme and be a member of the Single Public Service Pension Scheme.

(6) In this section, “relevant superannuation scheme” means the RTÉ Defined Contribution Scheme, the RTÉ Superannuation Pension Scheme or the RTÉ 50/50 Risk-Sharing Pension Scheme.