Canals Act, 1986
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Transfer of staff. |
3.—(1) Such persons employed by the Board immediately before the vesting day in connection with the canal undertaking as are designated by the Board, after consultation with the Commissioners, shall, on the vesting day, become and be officers or servants, as the case may be, of the Commissioners. | |
(2) (a) A person to whom subsection (1) applies shall on the vesting day enjoy conditions of service not less beneficial in aggregate than the conditions of service to which he was subject immediately before the vesting day having regard to— | ||
(i) any adjustment to the scale of pay by reference to which such person was remunerated or the conditions relating to the grant of pensions, gratuities and other allowances on retirement or death to which he was subject immediately before the vesting day, and | ||
(ii) any compensation given to such person in respect of becoming an officer or servant as the case may be of the Commissioners. | ||
(b) Where a disagreement arises on or after the vesting day as to the amount of compensation (if any) given to a person to whom subsection (1) applies in respect of becoming an officer or servant as the case may be of the Commissioners, such disagreement shall be referred to the Labour Court which shall determine the amount of the compensation (if any). | ||
(3) The period of service with the Board in a pensionable capacity of any person to whom subsection (1) applies shall be reckonable for the purposes of— | ||
(a) the Superannuation Acts, 1834 to 1963, and the Superannuation and Pensions Act, 1976 , | ||
or | ||
(b) the non-contributory pension scheme for persons holding unestablished positions (within the meaning of the Civil Service Commissioners Act, 1956 ), | ||
as appropriate, as if such service had been service within the meaning of those Acts and shall not be reckonable for the purposes of any other superannuation entitlement or benefit, pension or gratuity payable upon death or retirement or provided by the Board for so long as that person remains in the service of the Commissioners. | ||
(4) On the vesting day, the trustees of any superannuation scheme of the Board of which any person transferred under subsection (1) is a member shall transfer to the Minister for Finance all securities and moneys held under the scheme on behalf of or in relation to that person. |