New South Wales Consolidated Acts

OMBUDSMAN ACT 1974 - SECT 33

33 Preservation of certain rights

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

(2) Subject to subsection (3) and to the terms of his or her appointment, where the Ombudsman was, immediately before being appointed Ombudsman, an officer of the Public Service or a contributor to a superannuation scheme, the Ombudsman:

(a) shall retain any rights accrued or accruing to the Ombudsman as such an officer or contributor,

(b) may continue to contribute to any superannuation scheme to which he or she was a contributor immediately before being appointed Ombudsman, and

(c) shall be entitled to receive any deferred or extended leave and any payment, pension or gratuity under the superannuation scheme,

as if the Ombudsman had continued to be such an officer or contributor during his or her service as Ombudsman and:

(d) the Ombudsman’s service as Ombudsman shall be deemed to be service as an officer or employee for the purpose of any law under which those rights accrued or were accruing, under which the Ombudsman continues to contribute or by which that entitlement is conferred,

(e) the Ombudsman shall be deemed to be an officer or employee, and the Minister shall be deemed to be the Ombudsman’s employer, for the purposes of the superannuation scheme to which the Ombudsman is entitled to contribute under this subsection.

(3) Where, but for this subsection, the Ombudsman would be entitled under subsection (2) to contribute to a superannuation scheme or to receive any payment, pension or gratuity under that scheme, the Ombudsman shall not be so entitled upon becoming (whether upon being appointed Ombudsman or at any later time while holding office as Ombudsman) a contributor to any other superannuation scheme and the provisions of subsection (2) (e) cease to apply to or in respect of the Ombudsman and the Minister in any case where the Ombudsman becomes a contributor to another superannuation scheme.

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

(5) Subject to the terms of his or her appointment, where the Ombudsman was, immediately before being appointed Ombudsman, an officer of the Public Service, the Ombudsman shall:

(a) if he or she ceases to hold office as Ombudsman otherwise than pursuant to section 6 (5), and

(b) if he or she is under the age of sixty years,

be appointed to some office in the Public Service not lower in classification and salary than that which he or she held immediately before being appointed Ombudsman.

(6) The Ombudsman is not, in respect of the same period of service, entitled to claim a benefit under this Act and another Act.