Redeployment Toolkit (October 2014)

The attached toolkit sets out the background to redeployment (Part A), the process involved (Part B), the Appeals Mechanism (Part C) and responses to Frequently Asked Questions (Part D). It also includes background documents and templates used in the process (Part E).

It remains open to the staff or official side to suggest amendments to this document if the need arises in the future. The staff and official side will review its operation by end June 2014. Section A: Background...................................................................................................................................2

1. Background to the Public Service Agreements, 2010-16 (Croke Park and Haddington Road Agreements)...........................................................................................................................................2

2. Staff Mobility...........................................................................................................................................2

Section B: Redeployment Process..................................................................................................................4

1. Obtaining sanction to fill a post through Redeployment........................................................................4

2. Receiving Organisation to advise the Public Appointments Service of sanction for a new post.............4

3. The responsibilities of the Sending Organisation....................................................................................4

4. PAS role and responsibilities...................................................................................................................5

5. The Redeployment Liaison Officer..........................................................................................................5

6. Identifying staff for redeployment..........................................................................................................6

7. Matching staff with available vacancies..................................................................................................7

8. Factors to be considered by PAS before making definitive assignments................................................8

9. Acceptance of a post by staff - Terms and Conditions applying..............................................................9

10. Temporary Appointments.....................................................................................................................11

11. Career Break Returnees........................................................................................................................11

12. Advising the PAS that an assignment has been made...........................................................................12

13. Options where there are no applicants who match the post................................................................12

Section C: Appeals Mechanism for Cross-Sectoral and Civil Service Redeployment Decisions....................13

Section D: Frequently Asked Questions (FAQs)............................................................................................14

Section E: Appendices.................................................................................................................................17

Appendix 1 - Pension Contribution in respect of Secondments and Redeployments (F519/046/11)...........17

Appendix 2 - Template for position to be filled by Redeployment...............................................................18

Appendix 3 - Template for the redeployment of staff on a secondment basis (indicative)..........................19

Appendix 4 - The treatment of pensions, pension contributions and pension charges................................22

Appendix 5 - Re-designation Administrative Information Form………………………………………………………………. 27

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Section A: Background

1. Background to the Public Service Agreements, 2010-16 (Croke Park and Haddington Road Agreements)

The Public Service Agreements (PSAs) covering the period 2010-16 (the Croke Park and Haddington Road Agreements) provide for agreed redeployment arrangements to apply in the Civil Service and in other parts of the Public Service. A Department of Public Expenditure and Reform circular (Circular 8/2010) setting out the arrangements across the Civil Service and between the Civil Service and Non-Commercial State Sponsored Bodies (NCSSBs) issued in July 2010, following ratification of the Croke Park Agreement (CPA).

Under the PSAs, redeployment generally takes precedence over all other methods of filling a vacancy and supersedes any existing agreements on the deployment of staff.

Redeployment operates through a system of Resource Panels (RP) for the Civil Service and Non-Commercial State Sponsored Bodies (NCSSBs) under their aegis. These panels contain details of the posts identified by organisations for redeployment in these sectors on the basis of changing business needs or ongoing management of the Employment Control Framework (ECF) ceilings by public service bodies. The Public Appointments Service (PAS) is the body charged with operating the Redeployment Panel System for these sectors and for cross-sectoral assignments. The agreed arrangements for the redeployment staff within the Health, Education, and Local Government sectors are managed directly by those sectors and are not covered in this Toolkit.

Under the Haddington Road Agreement (HRA), the parties involved reaffirmed the commitments given in paragraphs 1.5-1.12 of the CPA. To enhance management flexibility and optimise the redeployment arrangements, changes were introduced for the Civil Service and NCSSBs and for cross-sectoral redeployment. These affect how staff are identified for redeployment and strengthen the systems in place to match surplus staff with vacancies on a geographic basis within the guideline distance of 45km.

Progress on the implementation of the CPA, including progress on the redeployment of public servants within and across sectors of the Public Service, is monitored on a sectoral basis and was advised to the Implementation Body (http://implementationbody.gov.ie/progress-and-delivery/ ). As that body was replaced under the HRA by the management-union Agreement Oversight Group, sectoral progress reports will now be submitted on a 6-monthly basis to the Department of Public Expenditure and Reform.

2. Staff MobilityRedeployment allows staff to be moved as a result of the rationalisation, reconfiguration or restructuring of public service bodies or where activities have assumed lesser priority arising from changing business needs. In the case of the Civil Service, the Minister for Public Expenditure and Reform can redeploy Civil Servants to meet priority needs (including levies of staff where necessary). Where functions are transferred within or between areas of the Civil or Public Service, associated staff will normally also transfer if a corresponding need has been identified.

In all sectors, redeployment takes precedence over recruitment, transfers and promotions, except where specialist skills are required or other major constraints apply. People may be moved to positions within 45km of their current work address or home address, whichever is the shorter, with account also being taken of a reasonable daily commute.

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It is important to note that while staff may be moved between different locations as a consequence of the redeployment arrangements - beyond the 45km radius set out under the PSAs in certain circumstances – the arrangements were not designed for and are not used to facilitate requests from individuals for transfers to address personal circumstances.

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Section B: Redeployment Process

This section provides useful information for public service bodies involved in redeployment and covers the steps in the redeployment process for “sending” and “receiving” organisations. 1

1. Obtaining sanction to fill a post through RedeploymentUnder the Employment Control Framework (ECF) system, Departments and public service bodies under their aegis must operate within particular staffing ceilings. Where an organisation is facing increasing demands for its services and consequential resource pressures, it must first seek to meet these demands from the reorganisation or restructuring of work or business units and/or the redeployment of staff internally2. Internal redeployment can include transfers from one NCSSB to another, provided both NCSSBs are within the same Departmental group. Such reassignments can take place without a request for sanction to the Department of Public Expenditure and Reform. While such moves would take place outside of the Resource Panel system, the Terms & Conditions applying to such assignments will be those that apply under the Resource Panel system (i.e. as set out in section B10). Any such assignments must be notified to the PAS, to allow movement across the Public Service to be monitored.

If there is no scope to redeploy via the internal option, the public service body must seek sanction to fill the post. Government policy requires that any posts sanctioned must be filled by Redeployment in the first instance. As part of the process for seeking sanction, the Department must make a business case to Department of Public Expenditure and Reform justifying why the additional staff are needed. In the case of the various sectoral organisations and NCSSB’s, such staffing applications must be submitted via their parent Department, who must indicate their view on the relative priority of any cases submitted.

Where an appropriate match cannot be determined following the Redeployment process, the PAS will advise the sanctioning Vote in the Department of Public Expenditure and Reform of the steps taken and the outcome. This will inform any further actions to be taken to meet the staffing needs identified.

As an alternative to seeking sanction for a specific post, Departments should first consider reorganising or redistributing the work (between staff or locations) and filling a post at another level/location for which surplus staff would be likely to be more readily available.

2. Receiving Organisation to advise the Public Appointments Service of sanction for a new post Once sanction has been given to fill a post(s), the receiving organisation must inform the Public Appointments Service (PAS) that it has received that sanction and must provide information to the PAS on the post (see Appendix E2 for a summary of the details to be supplied). It is important to note that the filling of the sanctioned post(s) may not be commenced by a receiving organisation until this information has been received by the PAS.

1 Throughout this document organisations redeploying staff to another are referred to as sending organisations. Organisations who fill vacancies through redeployment are called receiving organisations. 2 Except in accordance with agreements reached with staff side unions or for the transfer of functions for clear business reasons, organisations will not seek to transfer staff between locations that are more than 45km apart (see section B7 of the toolkit for redeployment of staff outside of 45km limit).    

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3. The responsibilities of the Sending Organisation The following is a description of the key responsibilities of an organisation that has staff to be redeployed: HR Unit reviews the ECF to ensure that the organisation does not exceed the numbers allocated to it; The HR Manager should outline to the staff and their unions, as soon as it becomes available, details

of the outcome of the analysis undertaken in the context of the development of the organisation’s Workforce Action Plan to identify the gaps/areas where the current workforce does not match what is required to deliver on its objectives and the numbers of proposed redeployments in each grade and location and the basis for their selection. In the case of NCSSBs, statutory consultation requirements may also apply;

Appoint a Redeployment Liaison Officer (RLO); Establish a dedicated redeployment mailbox accessible to the RLO which should be monitored on a

daily basis; Advise staff of the range of information available in the Redeployment Toolkit and how this can be

accessed. Use the prescribed process when redeploying staff and ensure that all redeployments go through the

PAS. In the past, redeployments between organisations, particularly within the same Vote group, may have been brokered directly. Where that has been done, such redeployments must be advised to the PAS.

4. PAS role and responsibilitiesUnder sections 6.3 and 6.4 of the CPA, the PAS has been given the responsibility of brokering arrangements between sending and receiving organisations in the civil service Departments and the NCSSBs under their aegis. The HRA provides that redeployment must occur seamlessly across the Public Service, particularly at regional level and that this will be facilitated by the PAS which will match surplus staff with available vacancies on a geographic basis within the guideline distance. To achieve this objective the PAS will: facilitate the assignment of redeployees to new organisations; monitor and manage the staff Resource Panel system; ensure that the redeployment process meets the requirements of the PSAs; carry out a matching process between staff and roles; respond to queries from HR Units/RLOs relating to the uploading of information on the Resource Panel

in a timely manner; through the Resource Panel Helpdesk, provide timely responses to questions relating to

redeployment;3

provide data regularly to the Department of Public Expenditure and Reform and Personnel Officers on the number of posts on the RP and the number of assignments made.

It is envisaged that individuals will contact their own HR Unit to find out more about redeployment and access to vacancies. The PAS will direct any queries of this type to the relevant organisation.

3 A helpdesk has been set up by the PAS to support HR staff and RLOs in placing people on or accessing people from the Resource Panel. The helpdesk can be contacted by phone at +353-1-8587409. Email enquiries should be directed to redeployment@publicjobs.ie and queries will be responded to within 24 hours;

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5. The Redeployment Liaison OfficerThe appointment of a RLO is essential to the effective implementation of the Redeployment Process. S/he should be based in the HR Unit of the organisation and will be required to work proactively with the PAS and with receiving organisations to ensure the early assignment of redeployees to alternative posts.

The PAS will set up the nominated RLO as a user on its database system and sends the RLO login details. Full instructions on uploading the data are available on the client portal of www.publicjobs.ie. The RLO will have access to data in relation to their own organisation only.

The responsibilities of the RLO will include: Working closely with the PAS to upload the required information onto the RP and ensuring all of the

information is kept fully up to date; Using the prescribed process when redeploying staff and ensuring that all redeployments go through,

or where appropriate are reported to, the PAS; Actively working with staff in their own organisation in relation to redeployment, including consulting

with redeployees as soon as possible within the process and providing as much information as possible to the individual being redeployed in terms of the process and the implications for him/her;

Liaising with receiving organisation, the Department of Public Expenditure and Reform and other relevant stakeholders when required.

6. Identifying staff for redeployment Where a civil service or NCSSB organisation has posts in excess of its ECF or has other budgetary or business reasons to redeploy staff, individuals to be placed on the redeployment RP are identified as set out below. Where an organisation in another sector has verified to the PAS that its sectoral opportunities have been fully explored and that cross-sectoral redeployment is essential to allow for the placement of its staff, they must follow the same steps: Where an activity or programme is no longer being carried out, the posts associated with that activity

or programme should be deemed to be surplus and available for redeployment. Surplus posts may also arise as a result of rationalisation, reconfiguration, reorganisation or

restructuring of services or functions or as a result of the ECF or in line with business needs. The organisation should identify the number of posts at each relevant grade which are surplus, and

the location of the surplus. Once a surplus has been established on this basis the identification of staff to be redeployed will proceed as follows: (i) volunteers will be sought for the RP and (ii) if the number of volunteers falls short of the surplus, Last-In-First-Out (LIFO) will be applied, as appropriate.

Where organisations have notified the PAS of the details of the staff to be redeployed, the PAS will treat them as being fully available for release, at reasonable notice.

The Government’s policy on the downsizing of the Public Service requires public service managements to ensure that all available resources are used to the best effect and that new opportunities are explored for utilising staff on the public service payroll. In situations where a person with particular skills is available for redeployment, and another organisation could use them but doesn’t have the ECF numbers or the money to pay them, the Department of Public Expenditure and Reform has agreed that they can be reassigned on a supernumerary basis, and the information recorded by the PAS.

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Decisions on the reallocation of funding should be agreed bilaterally, but if necessary the Department of Public Expenditure and Reform will make a determination on the issue. The Department of Public Expenditure and Reform welcomes where such arrangements have already been entered into bilaterally. However, to allow this information on public service flexibility to be captured for various reporting and other requirements in relation to the transfer of staff, Departments are required to ensure that these arrangements are properly recorded on the PAS Resource Panels records.

7. Matching staff with available vacancies Redeployment must occur seamlessly across the Public Service, particularly at regional level. This will be facilitated by the PAS which will match surplus staff with available vacancies on a geographic basis within the guideline distance. Specifically, the operation of the redeployment arrangements will be based on the “best fit” for the vacancy in the location. In this context, every opportunity should continue to be taken for re-skilling and re-assignment as the key method to seek to retain and secure employment in comparable roles in the Public Service.

The appropriate match between those available on the RP and an available vacancy will be determined by the PAS, in conjunction with the organisation’s sectoral liaison officer/contact point and its respective management, within a period not exceeding one month of notification of the vacancy. The factors to be considered by the PAS in that context are set out at 8 below.

Where an appropriate match cannot be determined following the Redeployment process, the PAS will advise the sanctioning Vote in the Department of Public Expenditure and Reform of the steps taken and the outcome. This will inform any further actions to be taken to meet the staffing needs identified.

To assist the assignment process and to ensure the selection of the “best fit” for the vacancy, each individual assigned to the RP must submit a profile of skills, competencies, knowledge and career experience.4 The PAS, in conjunction with the receiving organisation, may conduct a selection process to establish the suitability of individuals for the vacancy concerned.

Once the redeployment assignment decision has been made, the assignment of the redeployee will be progressed directly between the HR Units of the sending and receiving organisations.5

Where a staff member wishes to appeal a redeployment assignment, whether cross-sectoral or within the Civil Service, such an appeal will be considered by an agreed adjudicator. The adjudicator will issue a decision within the terms of the scheme within 21 days and the decision will be binding on all parties and will be final. In all instances the individual will be required to take up the position offered in advance of the adjudication process (see Section C for details of the process to apply).

In cases where none of the public service organisations in a geographical area have notified details of surplus staff at the grade or at equivalent grades to the PAS for inclusion on the RP, or where there are insufficient numbers on the RP in that geographical area, the PAS may seek volunteers from among staff who are outside the 45km limit. An organisation that chooses to release a volunteer that PAS considers to

4 The profile should include details of the staff member’s service in the grade and any assignment preferences they may have, including regarding location. 5 Where feasible, those who have moved on LIFO will be exempt from any other further redeployment moves on foot of LIFO for a period of 3 years.

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be a suitable match6 may backfill the vacancy through an assignment from the RP without the specific sanction of the Department of Public Expenditure and Reform.

The Department of Public Expenditure and Reform may determine the order in which surplus staff may be redeployed from different organisations and determine prioritisation in the placement of staff in other public service organisations taking account of the circumstances prevailing in each organisation, location issues and the staffing needs of the organisations being given the redeployed staff. It may also require the PAS from time to time to confine the circulation of offers to certain organisations e.g. where an organisation is closing down within a limited timeframe.

8. Factors to be considered by PAS before making definitive assignmentsThe PAS will need to consider a broad range of factors when matching those available on the RP with an available vacancy and before a person may be reassigned permanently to another employer/sector.

PayThe basic pay of the person before they transfer will be compared with the pay applicable to the post they are going to.

Basis of assignment The sending organisation will confirm to the PAS that the appointment process that resulted in the person’s assignment to their existing post was in accordance the principles of probity, merit, equity and fairness. Where necessary, the PAS may conduct a test of a person’s competencies for a post.

TenureStaff employed on a temporary basis, or for a definite period, will be issued with a new contract by the receiving organisation for the duration remaining on their existing contract only, unless the Department of Public Expenditure and Reform agrees otherwise. Staff employed on limited-hours contracts may not increase those hours on redeployment unless the Department of Public Expenditure and Reform agrees otherwise.

The nature of the postCertain posts in the Civil Service, such as cleaners and service officers, hold unestablished posts and those transferring at those levels to the Civil Service will be assigned accordingly unless the Department of Public Expenditure and Reform agrees otherwise.

Suitability The sending organisation will arrange to confirm the person’s suitability for the position on the grounds of character7 to the PAS. Certain posts in the Civil Service may require Garda clearance before an assignment can be made e.g. Department of Justice and Equality.

6 Where a CO or SO vacancy is circulated to staff outside the 45km limit the PAS will take due account of the terms of the Central Transfer List (CTL) system agreed with the CPSU. Where a CTL assignment will result in an assignment from the RP in the sending location, these will be assigned in precedence over non-CTL volunteers on the RP who are outside the 45km limit.

7 As part of its recruitment processes generally, PAS ask applicants to confirm that there is no reason on the grounds of character why their application for a post should not be considered; to confirm that they have never been convicted in a court of law of any offence of a criminal nature; or are not currently under investigation or awaiting trial for any wrongdoing.

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The sending organisations will confirm the suitability of the person for the position on the grounds of conduct and sick leave.

Individuals who have sick leave in excess of the norm who are considered the best match for a position will have their sick leave referred to the CMO for the purposes of having it discounted.

In accordance with section 6.3.14 of the CPA, it is open to receiving organisations to refuse to accept staff on conduct and sick leave grounds and in that case the post will be offered to the next most suitable match for the post. However, if the best match for a post has an unsatisfactory record in relation to conduct or sick leave, the sending and receiving organisations may consider whether an assignment may proceed notwithstanding. In that case, regard should be had to the overall size of the receiving office and the number of posts at the equivalent grade level in the location in question.

Where an office is being abolished, the receiving organisation may not refuse an assignee on conduct or sick leave grounds.

In all cases, sending and receiving organisations will address any underperformance or attendance issues arising in accordance with the terms of paragraphs 3.13 and 3.14 of the HRA.

Ability to discharge the duties of the new post The PAS, in conjunction with the receiving organisation, may conduct a selection process to establish the suitability of individuals for the vacancy concerned.

Policies of the Minister for Public Expenditure and Reform in relation to mobility and redeployment Decisions by the PAS to reassign staff definitively must take account of clarification or guidance provided by the Department in relation to redeployment and mobility issues. These include in particular the requirement to ensure that any pension funding issues are fully addressed in advance of definitive reassignment and the resolution of matters such as:

the scope and applicability of industrial relations agreements e.g. CPA and HRA; and issues relating to pay and grading levels applicable to those under consideration for

redeployment.

9. Acceptance of a post by staff - Terms and Conditions applying The Public Service Management (Recruitment and Appointments) (Amendment) Act 2013 was passed in 2013. This removes the legislative barriers to mobility and redeployment across the various sectors in the Public Service and addresses other issues that arise on changing employer. It should be noted that the application of this legislation is not required in cases where redeployment is by the same employer - for example within the Civil Service.

The PAS is contacting organisations who have already taken on redeployed staff on a secondment basis to arrange to make such assignees definitive in the receiving organisation. When the relevant issues (see section 9 above) have been clarified bilaterally by the sending and receiving organisations involved, the PAS will issue a “designation” in respect of each person on secondment to confirm that, with their consent, they have been designated as an employee of the receiving organisation in accordance with the Act. This notice will include details of the person’s new grade and of the basis of their assignment. This designation process will apply in respect of all cross-sectoral assignments in future.

In cases where definitive assignment is not immediately feasible pending clarification of any issues involved, secondment (rather than definitive appointment) is being used as a method for effecting

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transfers of staff where there is a change of employer. The pay, pension, and terms and conditions of employment that will apply in such cases will be as close as possible to those that would apply if it was immediately possible to transfer staff definitively to the new employment.

It is important that all those being assigned are made fully aware of the conditions of redeployment and acknowledge this by signing all relevant staff policies and procedures (see Appendix E3 for a pro-forma agreement relating to the conditions applying on secondment). The main conditions are summarised below.

Pay Staff who are redeployed will take their own basic pay with them to the new employment. In practice this means that

if they move to a post where the pay scale ends at a point lower than theirs, they continue on their own pay scale to its maximum, on a ring-fenced basis

if they move to a post where the pay scale ends at a higher point than theirs, they continue on their own pay scale to its maximum.

This pay approach allows for scope for staff in one grade to transfer across to a grade that does not exactly match their own. Where this is in prospect, the Remuneration and Industrial Relations Division of the Department of Public Expenditure and Reform is consulted in relation to the maximum and minimum pay variations for such assignments.

Staff transferring on secondment will continue to be paid by their own employer, on a recoupment basis, unless otherwise agreed with the Department of Public Expenditure and Reform. When they are assigned definitively to the post, they will transfer to the payroll system of the receiving organisation.

AllowancesThe arrangements underpinning the PSAs provide for compensation for loss of regular and structured earnings which may result from the application of the pay approach set out above. Such losses (if any) will be established after the redeployment has been in operation for 12 months and compensation will be paid equal to 1½ times the annual loss established in the case of the individual affected, payable in 2 instalments a year apart.

Pension EntitlementsWhat a person already had in terms of reckonable service for pension purposes will transfer with them to their new employer in accordance with the principle of “uniform accrual” where appropriate – e.g. 5 years in a 20-year accrual scheme would transfer as 10 years into a 40-year scheme.

The pension entitlements a person was already building up in their previous employment will continue to build up in the new employer’s scheme, on the same terms as they had, except for accelerated accrual and early pension ages. It will make no difference what sector a person is transferring from (civil service, local authority, health or NCSSB) or into. Each sector has its own deviations from standard terms, but a person’s existing rules will simply continue to apply to them on a personal basis.

It is highly unlikely to be necessary, but if for some reason a person cannot transfer from their old Superannuation Scheme to the Superannuation Scheme operated by the new employer, they will preserve their benefits in their old scheme and the pension entitlements for future service will build up in the new employer’s Scheme i.e. there will be a cut-off at date of transfer so that service up to then will be preserved in the old scheme(s) and service from that date on will accrue in the new scheme(s).

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A person in a redeployed post who is promoted to a new grade in due course will usually move into the superannuation scheme applicable to that grade and will no longer be entitled to pensions on the terms that had previously applied to them. Their previous service (from ‘old’ and ‘new’ employer) will usually be aggregated in the new scheme under the new terms i.e. the terms applicable to the new post.

Where organisations are closing down and staff are moving elsewhere, that will usually be provided for in specific legislation. Where appropriate, that will set out the position regarding pensioners, preserved pensioners and active members.

A more detailed note on the treatment of pensions, pension contributions and pension charges is at Appendix E4. Appendix E5 Re-designation Administrative Information Form – allows for the provision of detailed information on a person’s employment / pension history to be exchanged between the sending and receiving organisations.

Retirement AgeRedeployment will have no effect on retirement age in the vast majority of cases. In general a person can resign at any time with preserved benefits; or retire with immediate payment of benefits where they have reached the required age. The age a person is entitled to receive his or her pension (their “pensionable age”) and when they are obliged to retire (“maximum retirement age”) depend primarily on when they are recruited. While there are exceptions, which can be considered on a case by case basis, in general the position is as follows:

Persons appointed before 1 April 2004 have a “pensionable age” of 60 and a “maximum retirement age” of 65. Non-Established Civil Servants/State Employees have a later “pensionable age” for those who are appointed before 1 April 2004.

Persons appointed on or after 1 April 2004 but before 1 January 2013 have a “pensionable age” of 65 and no “maximum retirement age”

Persons appointed on or after 1 January 2013 have a “pensionable age” of 66 (rising to 67 in 2021 and 68 in 2028, in line with the State Pension age) and have a “maximum retirement age” of 70.

If a person was employed in their previous post on the basis that they would be entitled to a maximum pension benefit after 40 years, they will be entitled to that full pension after 40 years’ service when they reach the relevant pension age.

Terms and Conditions of EmploymentThe assignee will take fully the non-pay terms and conditions of the receiving employer (leave, sick leave, flexi, attendance times etc.) and they will have no rights of access back to the terms and conditions of their previous employment. For example, staff in another sector transferring to the Civil Service will be subject to Civil Service non-pay terms and conditions of employment, including the code of conduct and the disciplinary code.

SeniorityStaff moving under the redeployment arrangements will retain their relevant service for seniority purposes.

10. Temporary AppointmentsWhere an organisation needs staff for a limited period of time (circa 6-9 months) or to backfill a vacancy arising on foot of the temporary re-assignment of internal staff to meet short term priority needs, these

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vacancies can be filled from the RP. Where posts are being filled on a temporary basis, a loan arrangement will apply and staff on such assignments will remain as employees of the sending organisation and be retained on its payroll, with salary etc. costs being met on a recoupment basis. Such may leave for a permanent assignment, if they are the best match for a vacancy that arises while they are on loan, subject to reasonable notice being given.

Ideally, staff would be assigned on a loan basis only once and they would not be asked to undertake a series of short-term assignments.

11. Career Break Returnees Where a Department is above their ECF, or does not have the salary budget to pay a returning career break person, the post will be put on the RP in accordance with paragraph 40 of Career Break Circular 4/2013. 8 To secure an offer of work, the civil servant must indicate at least two months before the end of his/her career break that s/he wishes to return to work and must supply a CV to the PAS, via their Personnel Officer, to facilitate the making of an assignment. The possibility of facilitating them on a supernumerary basis will be pursued if it is not possible to make a reasonable9 offer. If the officer on career break refuses to submit a CV or otherwise refuses to co-operate with the redeployment process, or refuses to accept a reasonable offer, the matter will be dealt with as if they had refused to resume duty following the expiry of the career break (see paragraphs 32-33 of the Career Break Circular, 4/2013).

12. Advising the PAS that an assignment has been madeThe onus remains on the sending organisation to ensure that the details notified to the PAS in relation to their organisation are fully up-to-date. When an assignment of a redeployee has been made, it is critical that the RLO/HR of the receiving organisation informs the PAS, who will amend the Resource Panel to reflect the redeployment of this person.

13. Options where there are no applicants who match the postIn the context of PSA commitments, and the need to use redeployment as the main method for the filling of posts, it is essential for sending and receiving organisations to ensure that they take a proactive approach in situations where there is not an exact match between the person being assigned and the post to be filled. This involves knowing the skills sets that are available for redeployment, re-assigning staff internally to fulfil key roles where appropriate and backfilling from the redeployment pool to offset such assignments. Both sending and receiving organisations must also take a proactive role in re-skilling staff:

In the case of the sending organisation by working to assist redeployees to acquire competencies necessary to equip them for redeployment to jobs likely to be filled in the coming period where feasible;

8 This position may not pertain in specific cases where the conditions applying to the granting of a career break to State Agency employees were not broadly similar to the conditions that apply in relation to civil service staff. 9 Where feasible, a person who went on career break from an organisation in a particular location will be facilitated with a post in that location. If that is not feasible, the retuning career breaker may be assigned to another post at the appropriate grade in an alternative Department within a defined radius i.e. where possible, staff will be redeployed to another post within a 45km radius of their current work location or of their home address, whichever is the shorter commute . Regard will also be had to reasonable daily commute time.

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In the case of the receiving organisation by ensuring that specific training necessary for a particular job is provided to the redeployee.

In some cases, particularly where specific technical competencies are required, it may be the case that such reassignment or re-skilling options are not feasible. The approach to be taken in these situations will be considered by the PAS as the need arises.

Only in exceptional circumstances, where it has not been possible to fill the vacancy through redeployment, including following a re-skilling process, and this has been confirmed by the PAS, will consideration be given to authorising the filling of posts through recruitment or promotion.

Section C: Appeals Mechanism for Cross-Sectoral and Civil Service Redeployment Decisions

Background1. The Haddington Road Agreement (HRA) reaffirms the existing provisions in the Public Service

Agreement 2010 -2014 (PSA) in respect of redeployment. To enhance management flexibility and optimise the redeployment arrangements, the HRA sets out certain changes for the Civil Service and NCSSBs and for cross-sectoral redeployment. It provides that where a staff member wishes to appeal a redeployment assignment, whether cross-sectoral or within the Civil Service, such an appeal will be considered by an agreed adjudicator (see 3 below) who will issue a decision within the terms of the scheme within 21 days and whose decision will be binding on all parties and will be final.

2. To facilitate the implementation of this process, the arrangements set out below shall apply.

Redeployment Adjudicators3. Existing appeal adjudicators will continue to adjudicate for their sectors, with the adjudicators for the

Health Sector taking on the additional role of adjudicating on appeals by staff in the Civil Service and the NCSSB’s.

4. The costs of adjudication will be borne by the employer.

Role of the adjudicator 5. The role of the adjudicator will be to carry out an independent examination to assess whether the

decision to redeploy is in line with the agreed procedures. 6. In this context, the adjudicator will examine whether all the reasonable options available to the

sending employer, both within their own sector and cross-sectorally, have been explored by them (in conjunction with the PAS as applicable) and whether the terms of the PSA/HRA were correctly applied.

Process for appealing a redeployment decision 7. In all instances the individual must take up the position offered in advance of the adjudication process.

The normal provisions of a collective agreement between a union and employer will apply. 8. A person wishing to make an appeal, and/or a union on their behalf, must lodge a Statement of Case

for consideration by the adjudicator. This should set out the basis for the appeal and must be submitted not later than 10 working days after formal notification of the redeployment decision relating to them.

9. The person’s former employer must submit a Statement of Case for consideration by the adjudicator not later than 10 working days after the adjudicator has notified it of the appeal. This should set out a brief summary of the redeployment decision and details of any steps taken to source alternative redeployment options for the person making the appeal. .

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10. When both Statements of Case have been submitted, the adjudicator may seek additional information from any party involved in the redeployment decision.

11. Where the adjudicator considers it necessary, s/he may arrange for a hearing of the appeal. The person making the appeal may be accompanied at the appeal hearing by their union.

12. The adjudicator will issue a written decision to the parties within the terms of the PSA, as amended by the HRA. This will issue within 21 days of receipt of additional information sought from any party involved in the redeployment decision (see 10 above), or the hearing of the appeal where that is applicable. It will be binding on all parties and will be final.

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Section D: Frequently Asked Questions (FAQs)

Q1. What is the purpose of the redeployment scheme?A. Redeployment as envisaged under the Public Service Agreements 2010-16 allows staff to be moved from activities which are of lesser priority, or which have been rationalised, reconfigured, or restructured, to areas of greater need. In practical terms these arrangements can facilitate the targeted reduction in public service numbers while sustaining the ongoing delivery of services. 

Q2. How many posts are available to be filled by redeployment within the Civil Service? A. There is no fixed pool of posts available to be filled by redeployment. Where it is necessary to fill posts in specific areas, or to increase staffing in certain designated priority areas in accordance with Government policy, positions will be offered through Personnel Officers/RLOs of Departments and public sector bodies with staff notified to the Resource Panels.

Q3. Can some indication be given of the organisations where redeployed posts will be located?A. Where it is necessary to increase staffing in certain designated priority areas in accordance with Government policy, Department of Public Expenditure and Reform sanction must be sought and granted by the relevant Vote area before any assignments can take place. No guarantee can be given in relation to exact future location.

Q4. What is meant by LIFO?A. LIFO means ‘Last-In-First-Out’. It is based on the length of a person’s service in their present grade10. A person may be selected by their HR Unit to be placed on the RP on the basis of their service within their grade.

Q5. Will a person lose seniority/service by moving?A. No. This is covered by paragraph 3.4 of Circular 08/2010 in the case of Civil Servants and Paragraph 6.4.14 of the CPA for Non Commercial Semi-State Bodies (NCSSB) staff. Staff moving under the arrangements set out in Appendix A or B of that Circular or the protocols for the reassignment of NCSSB staff will retain their existing seniority (save that seniority arrangements in place for decentralisation moves will continue to apply to such moves).

Q6. How is the “45km radius” calculated? A. The CPA says “Staff on Resource Panels may be assigned to another civil service job at the appropriate grade in an alternative Department within a defined radius i.e. where possible staff will be redeployed to another Civil Service post within a 45km radius of their current work location or of their home address, whichever is the shorter commute. Regard will also be had to reasonable daily commute time.”

This is interpreted to mean that without discussions with the unions in specific cases, staff would not be asked to travel more than 45km to the new work location, no matter which is chosen (home or existing work location), unless a reasonable commute time is involved.

10 Where the seniority date of person represented by the CPSU, PSEU or the AHCPS has been amended on foot of a voluntary transfer, including a head-to-head swap, service in the grade will be calculated with reference to the revised seniority date.

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It is difficult to be comprehensive in relation to defining what constitutes a reasonable commute and personal circumstances will differ. Provided a substantial additional travel time is not involved, a person already travelling a substantial distance, by train or bus for example, could reasonably be asked to take that transport a further distance, or if they have a multi-leg journey taking transport in different directions, even if those changes bring them over the 45km radius.

Q7. Does the 45km radius apply to redeployment within Dublin?A. Yes. Where possible, staff will be redeployed to another post within a 45km radius of their current work location or home address. If a person is already commuting to a particular location, reassignment will be made taking due account of a reasonable daily commute in their particular circumstances.

Q8. What happens if there is no post in the same sector (e.g. Civil Service) within the 45km?A. In the case of civil servants, where no suitable post is available in another Department within a reasonable daily commute, redeployment options will be sought in NCSSBs and in other sectors, initially within a 45km radius. Similar arrangements apply in respect of employees of NCSSBs or other sectors who cannot be accommodated with redeployment within their own sector.    

Q9. Can a person who is work-sharing transfer with their current work-sharing pattern?A. Paragraph 4 of Circular 11/2010 replaces Paragraph 7.2 of Circular 31/2001 to state that “Any person who is required to move between Departments, e.g. under a Last In First Out arrangement, may retain their existing arrangements on a personal basis for up to three months (which may be extended up to six months at the discretion of the Department) from the date of commencement in the new Department, during which time they must review the arrangements with management of the receiving area. Following review, the worksharing arrangements must be confirmed or varied, including resuming full-time work, as may be necessary in light of the business needs of the area and/or the Department. The review should consider the business needs of the area and the personal responsibilities and obligations of the officer concerned.”

Q10. Is the service of a work-sharer reckonable as equivalent to full-time service for the purposes of the redeployment scheme?A. Paragraph 16.2 of Circular 31/2001, states that “it is not permissible to reckon work-sharing service as anything other than equivalent to full-time service for seniority lists used for the purposes of promotion or other similar purposes”.

Q11. Can a person opt to return to their original organisation after they transfer?A. Bearing in mind that the purpose of redeployment is to meet Government priorities within an overall Employment Control Framework, it is unlikely that the receiving organisation will be in a position to release their redeployed staff or that their original organisation will have a vacancy to which they might return. Also in some cases the person may have changed organisation and/or status within the public service.

Q12. How long will redeployment from a Resource Panel take? A. It is not possible to give an exact time frame. It is intended that redeployment will occur as quickly as demand allows once people are notified to the PAS for inclusion on the Resource Panels.

Q13. Where do I find further information in relation to the matters mentioned in earlier answers?

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A. The circulars mentioned in this FAQ document be accessed at: http://circulars.gov.ie. The Croke Park Agreement can be accessed at http://per.gov.ie/croke-park-agreement/. The Haddington Road Agreement can be accessed at http://per.gov.ie/haddington-road-agreement/.

Q14. Will there be a competitive selection process?A. The appropriate match between those available on the RP and an available vacancy will be determined by the PAS in conjunction with the organisation’s sectoral liaison officer/contact point and its respective management within a period not exceeding one month of notification of the vacancy. The factors to be considered by the PAS are set out at section B9.

Q15. Is there a trial period? A. There is no trial period.

Q16. Can I refuse an offer?A. Where a staff member wishes to appeal a redeployment assignment, whether cross-sectoral or within the Civil Service, such an appeal will be considered by an agreed adjudicator. The adjudicator will issue a decision within the terms of the scheme within 21 days and whose decision will be binding on all parties and will be final. In all instances the individual will be required to take up the position offered in advance of the adjudication process (see Section C for details of the process to apply).

Q17. What are the implications if I move from the Civil Service to a non-civil service organisation or vice versa?A. You will carry your own basic pay and pension terms with you. You will take fully the non-pay terms and conditions of the receiving employer (leave, sick leave, flexi, attendance times etc.) and will have no rights of access back to the terms and conditions of your previous employment. Staff in another sector transferring to the Civil Service will be subject to the Civil Service code of conduct and disciplinary code.

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Section E: Appendices

In this section are copies of relevant advices as well as some of the forms and suggested templates used in the Redeployment process. These appendices are not an exhaustive list and the forms may be modified depending on particular requirements.

Appendix 1 - Pension Contribution in respect of Secondments and Redeployments (F519/046/11)

22 December 2011

Pension Contribution in respect of Secondments and Redeployments

Dear Personnel Officer

1. The Department of Finance letter (E109/76/01) dated September 2005 sets down rates to be charged for pension contributions in respect of Civil Servants who are seconded to bodies outside the Civil Service (including Public Service bodies). In practice, the charges are also applied to secondment from and between other public service bodies. 

2. Redeployment between Public Service Bodies is being effected on a secondment basis pending measures to remove legislative obstacles to definitive appointment, and, the pension liability for redeployed staff will generally fall on the scheme of the recipient organisation(s) once such appointments are made.   As the vast majority of public sector schemes are now either funded or underwritten by the State the Department has reviewed the practice in relation to the charging of an employer contribution in that context, and revised arrangements are set out in Paragraph 3.

3. With effect from 1 January 2012 it will be no longer necessary to charge the employer contributions in respect of secondments which are arranged to give effect to redeployment where both schemes are funded or underwritten by the State. If one (or both) of the schemes is funded, the relevant organisations should check the existing arrangements, if any, transfers of pension or reckonable service between the schemes. If the issue cannot be resolved bilaterally, guidance should be sought from the pensions section in this Department.

4. Please bring this letter to the attention of agencies and bodies under your Department and the staff of your Department involved with those bodies.

Yours sincerely

Dermot KeanePrincipal Officer

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Appendix 2 - Template for position to be filled by Redeployment

Details of Position to be filled by Redeployment

Title of Post Salary Scale

Location of Post

Name of Organisation

Address of Organisation

Website of Organisation

Specific Qualifications required for the Post

Desirable Qualifications/Experience for the Post

Brief Job Description

Details of Organisation

Status (CS, NCSSB etc)

Main Functions

No. of Employees Pay Frequency

Total in Grade Circulated Pay Day

Normal Business Hours Annual Leave

On Call, Late opening etc. FlexitimeShorter Working Year

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Appendix 3 - Template for the redeployment of staff on a secondment basis (indicative)

Dear (insert name),

I am writing to you on behalf of the (sending organisation) and the (receiving organisation) to inform you of your appointment, on a secondment basis initially to the (receiving organisation). This secondment will commence on (commencement date). It is intended that you will be permanently redeployed to the (receiving organisation) and will become an employee of that organisation in due course. However, in order that you can move to the (receiving organisation) straightaway, it has been agreed that you will be seconded from the (sending organisation) pending the resolution of outstanding issues in relation to (insert details). The secondment is expected to conclude by )insert date and at that stage the PAS will make arrangement to have your assignment with the receiving organisation made definitive.

LocationYou will be headquartered at the (HQ of receiving organisation) offices in (location). As part of this move you will remain with the (receiving organisation) for a minimum of two years, after which the normal arrangements for movement within the (receiving organisation) that prevail at that time will apply. Any changes that may be proposed in relation to geographical deployment will take into account the relevant provisions on staff deployment contained in the Public Service Agreements (PSA) 2010-2016.

DutiesIn line with the measures in the PSAs committing to increased flexibility, you may, from the outset of your secondment, be assigned to any duties currently performed by the Public Service grade of (name of grade) in the (name of Organisation). The generic job description and competencies for the grade are enclosed. More specific objectives and assignments will be agreed with your line manager.

You should endorse the minute, below, and return it to ------------, HR Section, (name of sending organisation), prior to taking up duty with the (receiving organisation). We are enclosing a second copy of this letter for your retention.

Reporting RelationshipsIn general during your secondment, you will report to the officer in your team that is directly senior to you, unless specific arrangements to the contrary are in place in your team for operational reasons.

Terms and ConditionsDuring this period of secondment, you will remain an employee of the (sending organisation) and, as such, you will retain your existing pay and superannuation for the secondment period. At the end of the secondment it is intended that you will be fully integrated into (receiving organisation) in accordance with the provisions of the Public Service Agreement which provides for appointment, on no less favourable terms and conditions to basic pay, pensions and seniority. You will transfer to the payroll system of the receiving organisation in due course.

Pension Related DeductionThis appointment is subject to the pension-related deduction in accordance with the Financial Emergency Measures in the Public Interest Act 2009.

Hours of attendance

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Hours of attendance will be fixed from time to time but will amount to not less than 37 hours (net) per week. The position holder will be required to work a five-day week. The hours of attendance are normally Monday to Thursday 9.00am to 5.45pm and 9.00am to 5.15pm on Friday.

Organisation of Working Time Act 1997The terms of the Organisation of Working Time Act, 1997 will apply, where appropriate, to this appointment.

Annual LeaveThe annual leave allowance will be XX working days a year. This allowance (which is subject to the usual conditions regarding the granting of annual leave) is on the basis of a five-day week and is exclusive of the usual public holidays.

HealthA candidate for and any person holding the office must be fully competent and capable of undertaking the duties attached to the office and be in a state of health such as would indicate a reasonable prospect of ability to render regular and efficient service.

Sick LeavePay during properly certified sick absence, provided there is no evidence of permanent disability for service, will apply on a pro-rata basis, in accordance with the provisions of the sick leave circulars.

If you are paying the Class A rate of PRSI, you will be required to sign a mandate authorising the Department of Social Protection to pay any benefits due under the Social Welfare Acts direct to Revenue. Payment of salary during illness will be subject to you making the necessary claims for social insurance benefit to the Department of Social Protection within the required time limits.

Secrecy, Confidentiality and Standards of Behaviour: Official Secrecy and Integrity [for assignments to the Civil Service]You will be subject to the Provisions of the Official Secrets Act, 1963, as amended by the Freedom of Information Acts 1997 and 2003. You will agree not to disclose to third parties any confidential information either during or subsequent to the period of employment.

Civil Service Code of Standards and BehaviourYou will be subject to the Civil Service Code of Standards and Behaviour.

Ethics in Public Office Acts 1995 and 2001The Ethics in Public Office Acts 1995 and 2001 will apply, where appropriate, to this employment.

Political Activity [for assignments to the Civil Service]

During the term of your secondment you will be subject to the rules governing civil servants and politics.

Outside Employment [for assignments to the Civil Service]

The position will be whole time and you may not engage in private practice or be connected with any outside business, which conflicts in any way with his/her official duties, impairs performance or compromises your integrity.

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Grievance procedureDuring the period of secondment, in the event of a grievance arising between you and the (insert name of receiving organisation) management, the relevant (insert name of receiving organisation) grievance procedure will apply. (Insert name of receiving organisation) management will work to resolve any such grievance which may arise.

Yours sincerely,

------------------------------------------------------- ------------------------------------------------(insert name) (insert name)Personnel Officer Personnel Officerinsert name of sending organisation insert name of receiving organisation

Form of Acceptance

I am prepared to transfer to the (insert name of Organisation) on the basis of the above minute.

Signed:_________________________ Date:_____________________(insert name)

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Appendix 4 - The treatment of pensions, pension contributions and pension charges

Background1. Redeployment is carried out in accordance with the Public Service Management (Recruitment and

Appointments) (Amendment) Act, 2013 (PSMRA). The purpose of the legislation is that a person being redeployed should be treated no less, or no more, favourably in relation to pay and pension than had they remained in their previous employment.

2. Pension entitlements and the contributions sought are generally similar for staff at comparable levels across the public service. The purpose of obliging sending and receiving organisations to compare them up front, in advance of making a redeployment assignment, is to ensure that receiving organisations can continue to make the correct deductions in respect of the pensions (as well as pay) of staff being redeployed and to ensure that the person’s entitlements can be correctly calculated and paid when they fall due. The receiving organisation will also need to be aware of the extent of the pension liability it is agreeing should be absorbed in respect of a person redeploying so that any issues that may arise in the extremely rare occasions where this is significantly at variance from the norm for staff at that level in the receiving organisation generally may be addressed.

Arrangements while on secondment pending definitive assignment Option 1: Person remains on the sending organisation’s payroll

3. Where a person is assigned on a secondment basis, pending definitive assignment, the sending organisation in the normal course of events continues to pay the individual (i.e. on initial transfer) and is entitled to recoup the cost of salary and/or employer pension contributions11 from the receiving organisation (which is benefitting from the person’s work). As the sending organisation has retained the person on their payroll, they remain responsible for making all statutory deductions and remittance of same to the relevant authorities and also for other deductions including pension contributions and/or voluntary deductions e.g. health insurance etc. and for the accounting/remittance of same up until the date of a definitive transfer to the receiving payroll. Note: In the unlikely event of a person while on secondment retiring on ill-health or dying during this transition period of secondment then the sending organisation retains liability for the person up to the date of ill-health retirement/death.

Option 2: Person “temporarily transfers”12 to the receiving payroll 4. In some cases the receiving organisation has taken the person onto their payroll from the date of

initial transfer. In such a scenario it is assumed that the person has already been given a P45/PRD45 and is commenced correctly on the receiving payroll and arrangements have been put in place between the sending and receiving organisations to confirm that there is no possibility of

11 For further information please see later in this document on Funding of Salary and Employer pension contributions and the recouping of pension costs.12 Note: The phrase “temporarily transfers” is used in this document to identify those individuals who are on secondment and who are paid through the receiving organisation’s payroll

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the person being doubly paid. No salary/PRSI costs are recouped as the receiving organisation are making those payments and are responsible for returning any Revenue/SW monies in respect of any period when they remain members of the sending organisations Pension Scheme i.e. where a person moves to the receiving payroll but continues accruing pensionable service in the sending organisation pending definitive transfer.

5. The person remains in the pension scheme of the sending organisation and continues to accrue pensionable service in the sending organisation’s pension scheme. Again, in the event of a person while on secondment retiring on ill-health or dying during the transition period of secondment, then the sending organisation retains liability for the person up to the date of ill-health retirement/death. Any employer pension contributions should be redeemed to the sending organisation. The receiving organisation becomes responsible for making all statutory deductions and remittance of same to the relevant authorities and also for other deductions including pension contributions and/or voluntary deductions e.g. health insurance etc. and for the accounting/remittance of same from the date of transfer on secondment from the sending payroll to the receiving payroll.

Funding of salary and employer pension contributions while on secondment pending definitive assignment 6. In the normal course of events the sending organisation is entitled to recoup any costs of a person

on secondment from the receiving organisation since it is the receiving organisation who is benefitting from the service of the person. There are two types of costs: Salary Costs inclusive of actual salary/allowances, employer PRSI etc. and Employer pension contributions.

7. Where the person has remained on the payroll of the sending organisation then that organisation is entitled to recover all salary costs/PRSI costs etc. The receiving organisation shall redeem those costs to the sending organisation.

8. Where the person has “temporarily transferred” to the payroll of the receiving organisation then no Salary/PRSI costs shall be recoverable by the sending organisation as no costs have been incurred by the sending organisation.

9. The employer pension costs are generally recoupable regardless of whether the person has remained on the payroll of the sending organisation or temporarily transferred over to the receiving payroll up until the date the person ceases to accrue pension in the sending organisation. However it is not always necessary to recoup the pension costs as detailed below.

Arrangements that apply on Definitive Transfer 10. To determine Pension Scheme membership on definitive transfer, and to allow for the processing

of salary payments subsequently, the Receiving Department should ascertain, in addition to standard information received under the TGEN 6:

a. The name of the pension scheme of which the person is a member in the sending organisation

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b. The pension contributions (main scheme & spouses’ & children’s)c. The age of retirement d. The pay scale/pointe. Purchase arrangements, marriage gratuities repayment arrangements etc.f. The pension benefits e.g. Integration, 1/80th per year or 1/60th per year etc.g. Any Pension Adjustment Orders

11. In all cases, care should be taken to ensure that complete records are maintained in this regard.

12. When a definitive transfer takes place, as soon as possible thereafter the person should be placed on the receiving organisation’s payroll. Sending and receiving organisations should put arrangements in place between to confirm that the person has been removed from the sending organisation’s payroll and there is no possibility of the person being doubly paid. The receiving organisation then becomes responsible for making all statutory deductions and for the remittance of these to the relevant authorities. It is also responsible for other deductions including pension contributions and/or voluntary deductions e.g. health insurance etc. and for the accounting and remittance of same from the date of transfer from the sending payroll.

13. The PSMRA does not confer any entitlement to membership of a particular pension scheme nor does it confer any entitlement to permanency of tenure where a person is currently on a Fixed-term contract. In this regard it should be noted the Protection of Employees (Fixed-Term Work) Act does not convey an entitlement to tenure. In general, persons who are permanent in the sending organisation remain permanent in the receiving organisation and become members of the scheme for permanent employees. While persons who are Fixed-Term in the sending organisation remain Fixed-Term in the receiving organisation and go into the pension scheme for such employees.

14. As a rule there should be no change to salary paid or various contributions/PRSI class/deductions etc. on redeployment and the content of the person’s payslip (deductions etc.) should not change - the net pay should be the same as prior to redeployment (assuming the person has made no other personal changes to their tax/PRSI/voluntary deductions etc.). Similarly the benefits on retirement remain the same. Where a person cannot be assimilated onto standard terms of an existing pension scheme e.g. because their current terms and conditions differ from the standard terms appropriate to the person’s date of entry etc. then the person should be red-circled as having non-standard terms in order to ensure that they are correctly treated for pension purposes throughout the remainder of the their career. For example:

a. If the person currently makes a 6.5% contribution (or higher) to their main scheme they will continue to do so (regardless of their date of entry to the public service or whether the pension scheme they move into is contributory for main scheme) AND they will continue on the same pay scale they were on prior to moving even where that pay scale does/does not equate to a “PPC pay scale” appropriate to their position in the receiving organisation.

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b. Similarly, if the person was on a pay scale equivalent to “PPC pay scale” appropriate to their grade in the receiving organisation but did not make main scheme contributions in their previous organisation they will continue on the “PPC pay scale” and will not make main scheme contributions.

15. Although an individual’s pension status (e.g. contributions, pre/post 95 status, pre/post 2004 status etc.) should not change on redeployment it is a useful exercise to review each individual’s status on setting them up on your HRMS/Payroll. If you think that a person’s pension status based on their career history looks incorrect please contact Pensions Section for clarification.

16. The person being redeployed should also be asked to check his/her pay slip before/after transfer to ensure that all deductions have correctly carried over and that his/her tax liability is correct. It is important that P45/PRD45s issue immediately and that there is no delay in placing the person on the correct tax/USC/PRD rates.

Arrangements for the Transfer of Service on Definitive Assignment 17. The following arrangements should be applied in relation to the transfer of service to give effect

to the terms of section 57C of the PSMRA:a. In general, where a person is being redeployed, the service should automatically transfer

into the receiving body using the PSTN formulas/tables for transferring service e.g. “knock-for-knock”, fast accrual etc.

b. In doing so, the receiving body should ensure that they obtain all relevant information including (but not exclusively) the length of service of the person, details of any purchase arrangements that are in place, details of any notional service (e.g. added years) and whether they still apply on designation, details of any “buy back” of service e.g. marriage gratuity.

c. Where a person is transferring having enjoyed non-standard terms (e.g. fast accrual) to a standard terms position or vice versa, then the conversion of the non-standard terms to standard terms (or vice versa) should be calculated according to the PSTN formulas.

d. Note 1: The person will not have the right to keep the service in the old body separate to the service in the new body.

e. Note 2: A person retains the right to no less favourable terms (with the exception of fast accrual terms and enhanced minimum pension age- section 57(c)5) of the PSRMA - while they remain in the same “position” on initial transfer. Where the person is promoted or moves to another body (voluntarily) then they take on the terms and conditions of the new position.

Recouping Pension Costs18. Within the Public Service there are different types of funding arrangements in respect of pension

schemes. The majority of pension schemes are funded or underwritten by the State (State-funded) i.e. the State meets the pension bill as and when it arises. There are a small number of pension schemes that are self-funding i.e. the employee and the employer contribute to a fund in respect of pensions and any pension payments are made from that fund.

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19. The necessity to transfer funds between organisations is dependent on the types of pension scheme (self-funded or State-funded) that the person is coming from and going to as follows:

a. Person moving on secondment pending definitive transfer between bodies where both schemes are either funded or underwritten by the StateIn September 2005 a letter issued to Personnel Officers in respect of recoupment costs where an person was seconded from the Civil Service to the outside (i.e. 25% or 30% for non-integrated/integrated respectively). This was followed by a clarification letter to Personnel Officers dated 22 December 2011 which included an instruction that it is no longer necessary to charge the employer contributions in respect of secondments which are arranged to give effect to redeployment where both schemes are either funded or underwritten by the State – a copy of this instruction is at Appendix E1.13

b. Person moving definitively between bodies where one a scheme is not funded by the State i.e. the pension scheme is self-funding. In that case there are 3 possible scenarios:

i. The sending body’s pension scheme is funded/underwritten by the State and Receiving body’s pension scheme is self-funding. In this case a transfer value as per the Public Service Transfer Network (PSTN) tables should be calculated based on the amount of service being transferred and is payable to the receiving organisation.

ii. Sending body is self-funding and Receiving body is funded/underwritten by the State. In this case a transfer value as per the PSTN tables should be calculated based on the amount of service being transferred and is payable to the receiving organisation.

iii. Sending body is self-funding and Receiving body is self-funding. In this case a transfer value as per the PSTN tables should be calculated based on the amount of service being transferred and is payable to the receiving organisation.

Promotion, voluntary transfer post redeployment20. Where a person gets promoted in the receiving organisation or chooses outside the

Redeployment Arrangements to move to a different organisation subsequent to redeployment then they no longer have the protection of PRSMA i.e. they take on the standard terms and conditions of the post they have accepted appropriate to their date of entry etc. of the new organisation - for example any purchase arrangements would cease and the person would need to enter a new purchase arrangement if so desired.

13 Note: Please consult the Department of Public Expenditure and Reform in respect of the need to recoup/redeem monies from those Organisations whose funds are now underwritten by the State having transferred under The Financial Measures (Miscellaneous Provisions) Act 2009 and for whom existing financing arrangements are in place.

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Appendix 5 - Re-designation Administrative Information Form

(The following administrative information is required by the receiving organisation concerning a staff member in respect of whom re-designation is contemplated)

Please note that only persons who are required to move under the Redeployment/Re-designation retain the “no less favourable” treatment in accordance with the PSMRA 2013.  Any person opting to move voluntarily will be obliged to accept the terms and conditions of the receiving organisation.Note:  The model Superannuation Scheme pertains to most organisations, therefore, in general, the T & C of the Superannuation Scheme of the Sending  organisation should be similar to that of the Receiving organisation.  However, there may be variances.  In most cases, based on the information supplied by the Sending organisation, the Receiving organisation should be able to assess the T & C held by the individual and assimilate the individual onto an equivalent pension scheme in their organisation e.g. if a person coming into an organisation is to be designated an Established Civil Servant but  the T & C he/she has currently mirror those of a Non-Established Civil Servant then the individual will be treated as a Non-Established Civil Servant for the purpose of Superannuation.  Where a Receiving organisation is unsure of how to assimilate the individual they should email Máiréad McCarthy, Pensions Section in the Department of Public Expenditure @ Mairead.mccarthy@per.gov.ie with the subject line “Re-designation Query” and supplying all relevant information.

Full Name of individual to be designated Name that the individual is known as in the Organisation (if different)

Date of Birth Gender (M/F)

PPSN Seniority Date in sending organisation

Work Schedule / FTE Current Grade Title & Grade Code (if Relevant)

Home Postal Address Is the employee employed in an Established/ Permanent or Unestablished/Temporary capacity

Sending Organisation Name & Address Receiving Organisation Name & Address

Is this re-designation as a result of Redeployment as provided under the Haddington Road Agreements (HRA)? Yes/No:If No, give details of why the move is happening.

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NOTE: Where the move is a voluntary move then T & C of the new office will apply1. Basic Pay (Scale & Point)

Employee Name: ____________________________ Employee PPSN: _________________________Information Required Details Received from Sending Organisation

1. 1.1 Pay Scale relevant to the grade of the employee pre redeployment (include all points on the scale)

1.1

1.2 Note: Personal Pension Contributions (PPC) became payable in respect of Civil Service “Main Schemes” for all new entrants to the Civil Service w.e.f. 6th April 1995. A PPC pay scale was introduced at this time for only those staff who make a personal pension contribution to their main scheme.

Is the pay scale at 1.1 a Personal Pension Contribution (PPC) scale or a non–PPC scale in the context of the above?

It should be noted that many organisations have always been contributory in their main scheme and therefore would have a single pay scale for a particular grade.

1.2

1.3 Employee’s current point on the scale 1.3

1.4 Employee’s PRSI classification 1.4

1.5 Are there any deductions from salary by way of Court Order e.g. maintenance agreement, if yes, please give details

1.5

1.6 Details of any outstanding overpayment (o/p) pre-existing the designation date which requires to be recouped from individual’s salary. (Note: Please provide reasons why the o/p arose and o/p balance outstanding at date of designation/transfer to the receiving payroll and details of the repayment plan in place)

1.6

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Haddington Road Agreements (HRA), Pay amendments and Increments Employee Name: ____________________________ Employee PPSN: _________________________

Information Required Details Received from Sending Organisation2. 2.1 Are pay reductions under HRA applicable 2.1

If you answer ‘yes’ to 2.12.2 Have pay reductions as per the HRA been applied and does the pay scale at 1.1

reflect the HRA reduced pay scale

2.2

2.3 Employee’s original (pre-HRA) increment date 2.3

2.4 Employee’s increment due date (as per HRA terms) (dd/mm/yy) 2.4

2.5 Has an increment been awarded since 1st July 2013 2.5

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3. Allowances & Compensation Employee Name: ____________________________ Employee PPSN: _________________________

Information Required Details Received from Sending Organisation3. 3.1 Is the employee receiving any allowance or additional payment over and above

their basic salary outlined at 1.1 above (e.g. if a person was appointed to another position which carries an additional allowance with their salary)?

3.1

3.2 Give full details of any allowance or additional payment being received i.e. (a) Amount of the allowance/additional payment, (b) Whether allowance is pensionable, (c) Rate and conditions of such payments, (d) Start and end date if applicable (e) A copy of D/PER sanction for the initial award of the allowance and where

appropriate, sanction for pensionability of the allowance(f) A copy of D/PER sanction for continuation of payment) and where

appropriate, sanction for pensionability of the allowance

3.2

3.3 Will compensation be required for any loss of regular and structured earnings (if so, give full details of the value of the annual loss and confirmation as to who should bear the costs of same)?

3.3

3.4 Details of any other non-standard pay terms or entitlements which will apply post designation date.

3.4

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Section 4: Pension Entitlements:

(1) There are, in the Civil Service several different Superannuation schemes which in general apply to various categories of people as follows:(a) Established Civil Servants appointed before the 6th April 1995 and who

a. do not make a personal pension contribution and b. have a minimum pension age of 60 and c. a maximum retirement age of 65

(b) Established Civil Servants appointed on or after the 6th April 1995 and before the 1st April 2004 who a. make a personal pension contribution and b. have a minimum pension age of 60 and c. a maximum retirement age of 65

(c) Established Civil Servants appointed on or after 1st April 2004 and before 1 January 2013a. make a personal pension contribution and b. have a minimum pension age of 65 and c. no maximum retirement age

(d) Non-Established State Employees appointed before 1st April 2004a. do not make a personal pension contribution and b. have a minimum pension age of 65 and c. a maximum retirement age of 65

(e) Non-Established State Employees appointed on or after 1st April 2004 and before 1st January 2013a. do not make a personal pension contribution and b. have a minimum pension age of 65 and c. no maximum retirement age

(f) All new entrants to the Civil and Public Service on or after 1st January 2013 and who have not previously been a member of a pre-existing Public Service Pension Scheme (non-Single Scheme terms) as defined in the Public Service Pensions (Single Scheme and Other Provisions) Act 2012

a. make a personal pension contribution and b. have a minimum pension age of 66 rising in line with the State Pension age to 67 in 2021 and 68 in 2028 c. maximum retirement age of 70

(2) Spouses and Children’s Pension Scheme (Formerly Widows and Orphans’ Pension Scheme)(a) The “Original” S&C Pension Scheme was introduced in the Civil Service for Established Civil Servants in 1969 for males only. It was extended to

females in 1981.

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The Original scheme catered for widows and orphans of staff who were married during membership of the scheme and provided for the refund of contributions for those staff who remained unmarried throughout their membership or became widowed before retirement. It did not provide for marriages after retirement and/or children born after retirement.

(a) The “Revised” S & C Pension Scheme for Established Civil Servants was introduced in 1984The revised scheme provides for marriages and/or civil partnerships before or during membership and after retirement and for children born before or during membership and after retirement and/or born outside a marriage. Refunds are not possible in the revised scheme.

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4. Details of Pension EntitlementsEmployee Name: ____________________________ Employee PPSN: _________________________

Information Required Details Received from Sending Organisation

4. 4.1 What is the name of the superannuation scheme applicable to employee in sending organisation

(a) Civil Service Established pre 6th April 1995(b) Civil Service Established Post 5th April 1995 pre 1 April 2004(c) Civil Service Established Post 2004 (31st March 2004)(d) Civil Service Non-established pre 1 April 2004 (e) Civil Service Non-Established Post 2004 (31st March 2004)(f) Single Pension Scheme Post 1 Jan 2013(g) No Scheme

If “No Scheme”, please give details of the circumstances(h) Payment-in-lieu of pension (top-up)

If “payment-in-lieu” please specify the amount of top-up and provide details of the pension provider to which the funds are paid

(i) OtherIf “other” please specify title of the relevant Superannuation Scheme and which scheme (a) to (f) above most closely relates to the scheme currently applying to the individual

4.2 If not coming from a Civil Service body, is the pension scheme a funded scheme?

4.2 Yes/No, If Yes – Please provide full details of the trustees:

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4. Details of Pension Entitlements cont’dEmployee Name: ____________________________ Employee PPSN: _________________________Information Required Details Received from Sending Organisation

4 cont

’d

4.3 Date of Entry to the Organisation 4.3

4.4 Date of Entry to Pension Scheme 4.4

4.5 If date of entry to the Organisation is different to date of entry to Pension Scheme, please

(a) explain (b) indicate if the interim period is pensionable(c) if the interim period has already been included in

pensionable service detailed herein

4.5

4.6 Details of the Pension Contributions payable in respect of the main scheme (include the rate of contributions applicable and how they are calculated)

4.6

4.7 Is there a purchase agreement in place?If yes, please provide details of service being purchased by

(a) periodic deductions (b) by lump sum contribution/transfer values.

Note: any such agreements in place will apply on re-designation subject to the normal procedures around purchase of service (e.g. subsequent change in grade, subsequent voluntary move to a different organisation etc.)

4.7

36

4. Details of Pension Entitlements cont’dEmployee Name: ____________________________ Employee PPSN: _________________________Information Required Details Received from Sending Organisation

4 cont

’d

4.8 Are there any blocks of service in respect of which employee contributions for the main scheme are outstanding? If so, please give details of reasons why there are outstanding contributions, the amount of outstanding contributions as at date of designation and any arrangements currently in place to recover such outstanding contributions

4.8

4.9 Details of any professional-added yearsIn general, professional added years are awarded on date of retirement subject to the terms and conditions of the scheme. On appointment an individual is notified by letter of his/her entitlement to an award of Professional Added Years. The actual award depends on certain conditions including ability to acquire fully pensionability, level of experience etc. as advertised in the competition for the position.

(a) Please provide a copy of the competition.(b) Did the person receive a letter regarding Professional

Added Years when initially appointed? If so, please provide copy of same.

(c) Please provide the details of the Professional Added Years Scheme

Note: any such agreements in place will apply on re-designation subject to the normal procedures around Professional Added Years (e.g. subsequent change in grade, voluntary move to a different organisation etc.)

4.9

37

4. Details of Pension Entitlements cont’dEmployee Name: ____________________________ Employee PPSN: _________________________Information Required Details Received from Sending Organisation

4 cont

’d

4.10 Date of entry to the organisation 4.10

4.11 Details of any breaks in service e.g. career breaks/special leave with/without pay/pension-rate of pay or Temporary Rehabilitation Pay

4.11

4.12 Is the employee deemed to be a new entrant in accordance with the provision of the Public Service Superannuation (Miscellaneous Provisions) Act 2004? Yes/No

4.12

4.13 Minimum age at which pension is payable 4.13

4.14 Minimum age for eligibility for access to the Cost Neutral Early Retirement Scheme

4.14

4.15 Maximum age at which pension ceases to accrue 4.15

4.16 Is the employee in a “fast-accrual” grade, if yes, details of the accrual rate

4.16

38

4. Details of Pension Entitlements cont’dEmployee Name: ____________________________ Employee PPSN: _________________________

Information Required Details Received from Sending Organisation

4 cont

’d

4.17 Is the employee subject to a compulsory retirement age, if yes details of the maximum compulsory retirement age

4.17

4.18 Confirm the employee’s total reckonable service up to the date of designation Please include details of

(a) Any transferred service, (b) Temporary service, (c) Marriage Gratuity paid (and service now reckonable), (d) Purchased service by way of Lump Sum (e) Service being purchased by way of periodic deduction as at

4.7 above(f) Fast Accrual, please give details of:

(i) Actual Service(ii) Service converted to standard accrual

4.18

4. Details of Pension Entitlements cont’dEmployee Name: ____________________________ Employee PPSN: _________________________

Information Required Details Received from Sending Organisation

4 cont

’d

4.19 Confirm (a) The amount of service to be transferred to the receiving

organisation and the relevant dates

4.19

39

(b) Explain any gaps in dates (i.e. dates for which service is not being transferred)

Personnel area in the sending organisation in liaison with the receiving organisation should arrange the transfer of service at the time of re-designation. D/PER Sanction for such transfers is not required however D/PER should be informed of any transfers of service into or out of the Civil Service.4.20 Confirm if the employee has any non-reckonable service up to the date of designation, e.g. temp serviceIf so, please provide details of this service and confirm if this service may become reckonable in the future

4. 20

4.21 Spouses & Children’s Pension Scheme(a) Is the employee a member of the Spouses and Children’s

Pension Scheme (original or revised) or an equivalent in your organisation as detailed above at the start of Section 4 on page 6

(b) If yes, please specify whether they are a member of an “original” scheme or “revised” scheme where appropriate

(c) If the S & C scheme of the sending organisation differs please give details.

4.21

4. Details of Pension Entitlements cont’dEmployee Name: ____________________________ Employee PPSN: _________________________

Information Required Details Received from Sending Organisation

4 cont

’d

4.22 Please give details of contribution rate for Spouses’ and Children’s scheme and method of calculation

4.22

4.23 Are there any blocks of service in respect of which employee contributions and/or S&C scheme) are outstanding. If so please provide details of the reason why there are outstanding contributions, the amount of contributions owed as at date of designation/transfer to receiving payroll and any

4.23

40

arrangements currently in place to recover such outstanding contributions

4.24 Confirm any pre-approved deductions due to be taken from pension or lump sum benefits (including any court orders or pension adjustment orders to which you have been notified as pending (draft) or as certified)

4.24

4.25 Confirm basis for calculation of pension benefits on reaching retirement age for Main Scheme benefits (including details of integration with State Pension where appropriate in respect of

(a) Pension Lump Sum(b) Annual Pension(c) Ill-health (including added-years)(d) death-in-service(e) cost neutral early retirement

4.25

4. Details of Pension Entitlements cont’dEmployee Name: ____________________________ Employee PPSN: _________________________

Information Required Details Received from Sending Organisation

4 cont

’d

4.26 Confirm basis for calculation of pension benefits on reaching retirement age for Spouses’ and Children’s benefits (including details of integration with State Pension where appropriate in respect of

(a) Pension Lump Sum(b) Annual Pension(c) Ill-health (including added-years)(d) death-in-service(e) cost neutral early retirement

4.26

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4.27 PRD(a) Is the employee liable for the Pension Related Deduction

(also known as the Pension Levy). If not, please give details why not?

(b) Has the employee completed a PRD10 form and a Sn 51 Pension Declaration form

4.27

42

4. Details of Pension Entitlements cont’dEmployee Name: ____________________________ Employee PPSN: _________________________

Information Required Details Received from Sending Organisation

4 cont

’d

4.28 In the case of allowances or payments paid prior to designation date, confirm as to whether the allowance is pensionable and reckonable for pension purposes. If reckonable:

(a) Confirm as to whether the last 3 year rule applies (where allowance in non-variable) or

(b) Best 3 in 10 years apply (where allowance in variable).(c) Details of annual allowances in the previous 3 or 10 years

(as appropriate) should be provided where allowances are reckonable for pension purposes.

4.28

4.29 Please provide a pension statement if available. Also attach any policy documents that support details provided in this form in relation to non-standard terms and conditions for pay and pensions

4.29

43

4. Details of Pension Entitlements cont’dEmployee Name: ____________________________ Employee PPSN: _________________________

Information Required Details Received from Sending Organisation

4.30 Does the terms of the Main pension scheme which the individual has in the sending organisation match the terms of a pension scheme in the receiving organisation? Yes/NoIf Yes, please specify the name of the pension scheme which the individual should now be a member i.e. 1. (a), (b), (c), (d), (e) or (f) on pages 5/6 above.If No, please consult Pension Section in the Department of Public Expenditure & Reform4.31 Does the terms of the Spouses’ and Children’s pension scheme which the individual has in the sending organisation match the terms of a pension scheme in the receiving organisation? Yes/NoIf Yes, please specify the name of the pension scheme which the individual should now be a member i.e. 2. (a) or (b) on page 6 above.If No, please consult Pension Section in the Department of Public Expenditure & Reform

4.32 Pension terms certified as correct by (insert name of individual in the receiving Department)?

Name & Grade: ____________________________________

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5. Details of Annual Leave EntitlementsEmployee Name: ____________________________ Employee PPSN: _________________________

Information Required Details Received from Sending Organisation

5. 5.1 What is the annual leave year in your organisation (e.g. Jan-Dec or Apr-Mar etc.) 5.1

5.2 Employee’s annual leave entitlement in sending organisation 5.2

5.3 Employee’s annual leave entitlement in receiving organisation in line with civil service terms and conditions

5.3 This will be completed by the receiving organisation

5.4 Is the employee entitled to compensation for loss of annual leave, if yes, please give detailsNote: Staff who may lose annual leave under redeployment would be entitled to compensation of 1.5 days per day of the annual loss as a once off concession

5.4

5.5 Has the employee received a reduction in their annual leave entitlement as per the HRA (if applicable)? If so, please confirm the option availed of to give effect to this reduction

(i) cash deduction – confirm that the cash deduction has been made(ii) reduction in annual leave – confirm the number of days by which the annual leave entitlement has been reduced

Confirm if annual leave entitlement at 5.2 above reflects this HRA reduction

5.5

5.6 What year of the leave cycle is the employee currently in 5.6

5.7 Balance of annual leave days as at the date of designation (include details of carry over of leave from the previous leave year if applicable)

5.7

5.8 Is the employee availing of non-annual leave such as Parental leave, the Shorter Working Year Scheme (SWYS), Carer’s leave, Study leave etc; if so, please provide details

5.8

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6. Details of Length of ServiceEmployee Name: ____________________________ Employee PPSN: _________________________

Information Required Details Received from Sending Organisation

6. 6.1 Start date in the Public Service (note: initial employment date in the Public Service not start date in current employment)

6.1

6.2 Please give details of changes in organisation including start and end date of such changes.

6.2

6.2 Details of any breaks in service other than Career Breaks (please specify start and end dates and nature of absence/leave)

6.3

6.4 Details of any Career Breaks taken (please specify start and end dates and confirm the circular under which the career break was taken)

6.4

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Final PageEmployee Name: ____________________________ Employee PPSN: _________________________

Information Required Details Received from Sending Organisation

For completion by the Sending Organisation

For completion by the person to be re-designated having read and noted the contents of this form

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Completed by

Position

Phone Number and Email address

Date

Employee Name

Position

Phone Number and Email address

Date

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