New South Wales Consolidated Acts

LOCAL GOVERNMENT (AREAS) ACT 1948 - SECT 12

12 Transfer of servants

(1) All persons who immediately before the appointed day were servants of the council of a constituent area (or, in the case of the City of Sydney as a constituent area, were immediately before the appointed day officers or servants of the Municipal Council of Sydney) shall on such day be transferred to the service of the council of the united area in which such constituent area is included.
The provisions of section 20C of the Principal Act shall, subject to subsection two of this section, apply to and in respect of such persons and the council of each united area.

(2)

(a) This subsection shall apply only to and in respect of persons who, under subsection one of this section, are transferred to the service of the Council of the City of Sydney (being the council of the united area constituted by the union of the constituent areas included in the first group in the First Schedule), and who immediately before the appointed day were officers or servants of the Municipal Council of Sydney.

(b) Any person so transferred who upon such transfer or at any time thereafter becomes a permanent servant within the meaning of the Local Government (Superannuation) Act 1927 , as amended by subsequent Acts, and who within three months after such transfer or after the date upon which he becomes a permanent servant as aforesaid (as the case may require), by notice in writing addressed to the Council of the City of Sydney, so elects, shall be entitled to retain the rights and privileges in relation to payment on retirement or death to which he would have been entitled if he had continued to be an officer or servant of the Municipal Council of Sydney during the period of his service with the Council of the City of Sydney. The provisions of the Local Government (Superannuation) Act 1927 , as amended by subsequent Acts, shall not apply to or in respect of any person who makes such election as aforesaid.

(c) Any person so transferred who becomes entitled to receive a gratuity under subsection five of section 20C of the Principal Act shall not be entitled to receive any compassionate or retiring allowance under any award or industrial agreement referred to in subsection two of the said section:
Provided that the amount payable to any such person as a gratuity under subsection five of the said section shall not in any case be less than the amount which would have been payable to such person as a compassionate or retiring allowance under any such award or industrial agreement, if this paragraph had not been enacted.

(d) In the application of section 96A of the Principal Act to and in respect of any person so transferred who makes the election referred to in paragraph (b) of this subsection, subsection one of the said section 96A shall be read as if the words “Any servant of a council to whom the Local Government (Superannuation) Act 1927 , as amended by the Local Government (Superannuation) Amendment Act 1935 , applies shall on his attaining the retiring age as fixed by such Act” were omitted, and the words “Any servant of the Council of the City of Sydney who makes the election referred to in paragraph (b) of subsection two of section twelve of the Local Government (Areas) Act 1948 , shall on his attaining the age of sixty-five years” inserted in lieu thereof.