ANTI-DISCRIMINATION ACT 1977 - SECT 84 Preservation of rights of President who was previously public servant

ANTI-DISCRIMINATION ACT 1977 - SECT 84

84 Preservation of rights of President who was previously public servant

(1) In this section,
"superannuation scheme" means a scheme, fund or arrangement under which any superannuation or retirement benefits are provided and which is established by or under any Act.

(2) Subject to subsection (3) and to the terms of appointment, if the President was, immediately before appointment as the President--

(a) a Public Service employee, or

(b) a contributor to a superannuation scheme,

the President--

(c) retains any rights accrued or accruing to the President as such an employee or contributor, and

(d) may continue to contribute to any superannuation scheme to which the President was a contributor immediately before appointment as the President, and

(e) is entitled to receive any deferred or extended leave and any payment, pension or gratuity,

as if the President had continued to be such an employee or contributor during his or her service as the President, and--

(f) his or her service as the President is taken to be service as an employee for the purpose of any law under which those rights accrued or were accruing, under which the President continues to contribute or by which that entitlement is conferred, and

(g) the President is taken to be an employee, and the Board is taken to be the President's employer, for the purpose of the superannuation scheme to which the President is entitled to contribute under this subsection.

(3) A President who, but for this subsection, would be entitled under subsection (2) to contribute to a superannuation scheme or to receive any payment, pension or gratuity under that scheme shall not be so entitled upon his or her becoming (whether upon his or her appointment as the President or at any later time while he or she holds office as the President) a contributor to any other superannuation scheme, and the provisions of subsection (2) (g) cease to apply to or in respect of him or her and the Board in any case where he or she becomes a contributor to such another superannuation scheme.

(4) Subsection (3) does not prevent the payment to the President upon his or her ceasing to be a contributor to a superannuation scheme of such an amount as would have been payable to him or her if he or she had ceased, by way of resignation, to be an employee for the purposes of that scheme.

(5) The President shall not, in respect of the same period of service, be entitled to claim a benefit under this Act and another Act.