Superannuation and leave—preservation of rights
13 Superannuation and leave—preservation of rights
In this clause—
eligible member means a member of the Commission who, immediately before becoming such a member, was a Public Service employee or an officer or employee of a public authority declared by an Act or proclamation to be an authority to which this clause applies.
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.
An eligible member—
may continue to contribute to any superannuation scheme to which he or she was a contributor immediately before becoming an eligible member, and
is entitled to receive any payment, pension or gratuity accrued or accruing under the scheme,
as if he or she had continued to be such a contributor during service as a member of the Commission.
Service by the eligible member as a member of the Commission is taken to be service as an officer in his or her previous employment for the purposes of any law under which the member continues to contribute to the scheme or by which an entitlement under the scheme is conferred.
The eligible member is to be regarded as an officer or employee, and the State is to be regarded as the employer, for the purposes of the scheme.
This clause ceases to apply to the eligible member if he or she becomes a contributor to another superannuation scheme, but the eligible member is not prevented from receiving a resignation benefit from the first superannuation scheme.
An eligible member retains any rights to annual leave, extended or long service leave and sick leave accrued or accruing in his or her previous employment.
An eligible member is not entitled to claim, under both this Act and any other Act, dual benefits of the same kind for the same period of service.
This Act’s bill:Explanatory memorandumSecond reading speech
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