Solicitor-General Act 1983

Subject to subsection (2), where a person who is appointed as Solicitor-General was– except in the case of a person referred to in paragraph (b)– immediately before his appointment under section 4(2); or in the case of a person to whom section 4(6) applies– immediately before the commencement day– a person to whom this section applies, he shall retain any rights accrued or accruing to him as such a person and shall be entitled to receive any long-service leave or payment in lieu of long-service leave as if he had continued to be such a person, and his service as Solicitor-General shall be deemed to be service as such a person for the purposes of any law by which those rights are, or that entitlement is, conferred or determined.

Subsection (1) does not apply to or in relation to rights accrued or accruing under a superannuation scheme.

Where a person to whom this section applies is appointed as Solicitor-General and was, immediately before his or her appointment, a contributor to the contributory scheme within the meaning of the Public Sector Superannuation Reform Act 2016, that person remains a member of that scheme unless he or she elects, in writing to the Secretary within one month after his or her appointment, to become a member of a default fund, within the meaning of that Act, or an RSA or other complying superannuation scheme.

For the purposes of this section – a person to whom this section applies means a person who was at the relevant time – a State Service officer or State Service employee; an officer or employee of a State authority; an officer who holds office under an Act other than this Act or the State Service Act 2000; or a person in respect of whom provision is or was made by an Act that he retain any right accrued or accruing to him as an officer or employee or in any other official capacity;State authority means a body or authority, whether incorporated or not, which is established or constituted by or under an Act or under the royal prerogative, being a body or authority which, or of which, the governing authority, wholly or partly, comprises a person or persons appointed by the Governor, a Minister, or another State authority, but does not include a Government department within the meaning of the State Service Act 2000; superannuation scheme means a scheme, fund, or arrangement which is established under an Act and under which any pension or retirement benefits is or are provided.