Preservation of rights—generally
2 Preservation of rights—generally
Subject to clause 3 and to the terms of his or her appointment, if a commissioner was, immediately before appointment as a commissioner:
a Public Service employee, or
a contributor to a superannuation scheme, or
a member of staff of a statutory body, or
a person in respect of whom provision was made by any Act that the person retain any rights accrued or accruing to the person as a Public Service employee or member of staff of a statutory body,
the commissioner:
retains any rights accrued or accruing to the commissioner as such an employee, contributor or member of staff, and
may continue to contribute to any superannuation scheme to which the commissioner was a contributor immediately before appointment as a commissioner, and
is entitled to receive any deferred or extended leave and any payment, pension or gratuity,
as if the commissioner had continued to be such an employee, contributor or member of staff during service as a commissioner, and:
service as a commissioner is taken to be service as an employee or member of staff for the purpose of any law under which those rights accrued or were accruing, under which the commissioner continues to contribute or by which that entitlement is conferred, and
the commissioner is taken to be an employee or member of staff, and the Government of New South Wales is taken to be the commissioner’s employer, for the purposes of the superannuation scheme to which the commissioner is entitled to contribute under this clause.
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