Fire Brigades Act 1989

This clause applies to a person who—

was a permanent fire brigade member to whom clause 10 applies, or

was a former board employee or former executive officer and became an officer of the Public Service because of clause 11 or 12.

Such a person—

is to retain any rights accrued or accruing to him or her as a permanent fire brigade member, a former board employee or a former executive officer, and

may continue to contribute to any superannuation scheme to which he or she was a contributor immediately before the appointed day, and

is entitled to receive any deferred or extended leave and any payment, pension or gratuity,

Service as an officer of the Public Service or member of a permanent fire brigade under this Act is to be regarded as service as a permanent fire brigade member, a former board employee or a former executive officer, as the case requires, for the purposes of any law—

under which any such rights accrued, or

under which he or she continues to contribute to any such superannuation scheme, or

by which any such entitlement is conferred.

For the purposes of the superannuation scheme to which the person is entitled to contribute under this clause, the person is to be regarded as an officer or employee and the Government of New South Wales is to be regarded as the employer.

If the person would, but for this subclause, be entitled under subclause (2) to contribute to a superannuation scheme or to receive any payment, pension or gratuity under the scheme—

he or she is not so entitled on becoming (whether on appointment as a member of a permanent fire brigade or as an officer in the Public Service, or at any later time while such a member of staff or officer) a contributor to any other superannuation scheme, and

the provisions of subclause (4) cease to apply to or in respect of him or her and the Government in any case where he or she becomes a contributor to any such other superannuation scheme.

Subclause (5) does not prevent the payment to the officer or member of staff (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 reason of resignation, to be an officer or employee for the purposes of the scheme.