Preservation of rights of staff previously public servants etc
2 Preservation of rights of staff previously public servants etc
This clause applies where a member of staff was, immediately before being employed as a member of staff—
an officer of the Public Service or the Teaching Service, or
a member of the NSW Police Force, or
a contributor to a superannuation scheme, or
an officer employed by a proclaimed 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.
The member of staff—
shall retain any rights accrued or accruing to him or her as such an officer, member, contributor or person, and
may continue to contribute to any superannuation scheme to which he or she was a contributor immediately before being employed as a member of staff, 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, member, contributor or person during his or her service as a member of staff.
Service as a member of staff shall be regarded as service as an officer or employee for the purposes 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.
The member of staff shall be regarded as an officer or employee, and a Chief Commissioner shall be regarded as the employer, for the purposes of the superannuation scheme to which he or she is entitled to contribute under this clause.
If the member of staff 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 being employed as a member of staff or at any later time while a member of staff) 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 a Chief Commissioner 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 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, because of resignation, to be an officer or employee for the purposes of the scheme.
A member of staff is not, in respect of the same period of service, entitled to dual benefits of the same kind through the operation of this clause.
This Act’s bill:Explanatory memorandum
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