Metrology Act, 1996

Transfer of personnel.

8.—(1) With effect from the establishment day, Forfás shall accept into its employment every person who, immediately before that day, was—

(a) a member of the staff of the Department of Enterprise and Employment, or

(b) a member of the staff of a local authority, or

(c) an inspector for the purposes of the Weights and Measures Acts, 1878 to 1961,

and is designated by the Minister of the Government or the local authority concerned for, and accepts, employment by Forfás.

(2) A person who, being a member of the Garda Síochána, accepts employment in Forfás under subsection (1) may, with the consent of the Minister for Justice, be appointed and enrolled as a member of the Garda Síochána within a period of 18 months from the date of enactment of this Act and thereupon such employment shall cease.

(3) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person referred to in subsection (1) shall not, while in the service of Forfás, be brought to less beneficial conditions of service (including conditions in relation to tenure of office) or of remuneration than the conditions to which he was subject immediately before the establishment day.

(4) In relation to persons transferring to Forfás under subsection (1), previous service in the Garda Síochána, local authorities or the Civil Service shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the Redundancy Payments Acts, 1967 to 1991, the Holidays (Employees) Acts, 1973 and 1991, the Minimum Notice and Terms of Employment Acts, 1973 to 1991, and the Unfair Dismissals Acts, 1977 to 1993.

(5) Such persons specified in subsection (1) as being inspectors appointed under the Weights and Measures Acts, 1878 to 1961, and the Packaged Goods (Quantity Control) Act, 1980 , shall, from the establishment day, be inspectors for the purposes of this Act until such time as the provisions of section 9 come into effect.

(6) Forfás shall prepare and submit to the Minister a scheme or schemes of superannuation in accordance with paragraph 3 of the Second Schedule to the Industrial Development Act, 1993 , which shall provide for membership of persons transferred under subsection (1).

(7) Every scheme prepared under subsection (6) shall provide for not less favourable conditions in respect of persons who, immediately before the establishment day, were members of the staff of a local authority or the Civil Service, than those to which they were entitled immediately before the establishment day.

(8) Disbursement of pensions and gratuities and other allowances which may be granted to or in respect of persons who, immediately before the establishment day, were members of the staff of a local authority or the Civil Service or were members of the Garda Síoch-ána, shall not be less favourable than would apply if the benefits referred to had continued to be paid out of moneys provided by a local authority or by the Oireachtas as the case may be.

(9) Subject to subsection (10), every scheme prepared under subsection (6) shall provide that in the case of a person who immediately before the establishment day, was a member of the Garda Síochána, the time and conditions of retirement, the calculation and payment of superannuation allowance by Forfás, and other conditions relating to superannuation, shall be in accordance with such superannuation scheme or such enactments in relation to superannuation and time and conditions of retirement as applied to such person immediately before the establishment day and, for that purpose, his or her pensionable service with Forfás shall be aggregated with his or her previous pensionable service.

(10) Subsection (9) shall not apply in the case of a person who immediately before the establishment day was a member of the Garda Síochána and who at a date subsequent to transfer accepts promotion or transfer to another post on the staff of Forfás, and the time and conditions of retirement, the calculation and payment of superannuation allowance by Forfás and other conditions relating to superannuation in relation to such a person shall be in accordance with the provisions applicable as if the person was an employee of Forfás who was not transferred under subsection (1) and, for that purpose, his or her pensionable service with the Garda Síochána shall be aggregated with his or her pensionable service.

(11) Where a superannuation allowance falls due for payment to or in respect of a person referred to in subsection (1) in the period beginning on the establishment day and ending immediately before the coming into operation of a scheme submitted by Forfás and approved under this section, the allowance shall be calculated and paid by Forfás in accordance with such superannuation scheme or such enactments in relation to superannuation, as applied to such a person immediately before the establishment day and, for that purpose, his or her pensionable service with Forfás shall be aggregated with his or her previous pensionable service.