Definitions
1 Definitions
In this Schedule—
appointed day means the day appointed and notified under section 2 (2).
designated person means any statutory health corporation or affiliated health organisation within the meaning of the Health Services Act 1997.
designated position means a position transferred pursuant to clause 2.
Instrumentality means—
the Commission,
the Ministry,
the Administrative Office attached to the Commission, or
the Corporation.
superannuation scheme means a scheme, fund or arrangement under which any superannuation or retirement benefits are provided and which is established by or under an Act.
transfer date, in relation to a designated position, means the date upon which the transfer of the position pursuant to clause 2 takes effect.
transferred employee means a person who, on the transfer date, was employed in a designated position and who, in accordance with clause 3, becomes employed in that position as an employee of the person to whom the position is transferred.
transition period means—
in relation to a person who is a transferred employee during the whole of the period of 3 years immediately following the transfer of the designated position in which the person was employed on the transfer date—that period of 3 years, or
in relation to a person who ceases to be a transferred employee during the period referred to in paragraph (a)—that part of the period during which the person was a transferred employee.
A reference (however expressed) in this Schedule to—
employment or service is a reference to employment or service under—
the Public Service Act 1979,
section 14A of the Health Commission Act 1972, or
section 14 of this Act, and
employment in an Instrumentality includes a reference to employment by an Instrumentality.
Where a person—
became a transferred employee pursuant to the transfer of a designated position in which the person was employed on the transfer date, and
ceases to be an employee of the person by whom, by virtue of clause 3, the person was employed,
the person shall, on ceasing to be an employee of the person by whom, by virtue of clause 3, the person was employed, cease to be a transferred employee.
Where, by this Schedule, any rights of a person are to be determined as if the person had continued to be employed in the relevant Instrumentality or are to be determined by reference to a person’s service with the relevant Instrumentality, such a reference to the relevant Instrumentality is—
where the transfer date is on or after the appointed day—a reference to the Ministry, or the Corporation, as the case may require, or
where the transfer date is before the appointed day—a reference to—
the Administrative Office attached to the Commission, or the Commission, as the case may require, before the appointed day, and
if the person continues to be employed by a designated employer on or after the appointed day—the Ministry, or the Corporation, respectively, on or after the appointed day.
This Schedule shall be construed before the appointed day as if section 4 had commenced on the date of assent to this Act.
The Governor may, by proclamation published in the Gazette, declare a person specified in the proclamation to be a designated person for the purposes of this Schedule.
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