Preservation of rights of Crown Prosecutor previously public servant etc
2 Preservation of rights of Crown Prosecutor previously public servant etc
Subject to subclause (2) and to the terms of appointment, if a Crown Prosecutor was, immediately before being appointed as a Crown Prosecutor:
a Public Service employee,
a contributor to a superannuation scheme,
an officer employed by a statutory body, or
a person in respect of whom provision was made by any Act for the retention of any rights accrued or accruing to the person as an officer or employee,
he or she:
shall retain any rights accrued or accruing to him or her as such an officer, contributor or person,
may continue to contribute to any superannuation scheme to which he or she was a contributor immediately before being appointed as a Crown Prosecutor, and
is entitled to receive any deferred or extended leave and any payment, pension or gratuity,
as if he or she had continued to be such an officer, contributor or person during his or her service as a Crown Prosecutor and:
his or her service as a Crown Prosecutor shall be deemed to be service as an officer or employee for the purpose of any law under which those rights accrued or were accruing, under which he or she continues to contribute or by which that entitlement is conferred, and
he or she shall be deemed to be an officer or employee for the purposes of the superannuation scheme to which he or she is entitled to contribute under this clause.
If a Crown Prosecutor would, but for this subclause, be entitled under subclause (1) to contribute to a superannuation scheme or to receive any payment, pension or gratuity under the scheme:
he or she shall not be so entitled on becoming (whether on appointment as a Crown Prosecutor or at any later time while holding office as a Crown Prosecutor) a contributor to any other superannuation scheme, and
the provisions of subclause (1) (i) cease to apply to or in respect of him or her in any case where he or she becomes a contributor to any such other superannuation scheme.
Subclause (2) does not prevent the payment to a Crown Prosecutor on his or her ceasing to be a contributor to a superannuation scheme of such amount as would have been payable to him or her if he or she had ceased, by resignation, to be an officer or employee for the purposes of the scheme.
A Crown Prosecutor is not, in respect of the same period of service, entitled to claim a benefit under this Act and another Act.
In this clause:
superannuation scheme means a scheme, fund or arrangement under which any superannuation or retirement benefits are provided and which is established by or under any Act.
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