STATE OWNED CORPORATIONS ACT 1989 - SCHEDULE 4
STATE OWNED CORPORATIONS ACT 1989 - SCHEDULE 4
SCHEDULE 4 – Provisions relating to certain staff
1 Definitions
In this Schedule--
"eligible employee" means an employee of a State owned corporation who,
immediately before becoming such an employee, was a Public Service employee or
an officer or employee of a public authority declared by an Act of Parliament
or the relevant foundation charter to be an authority to which this Schedule
applies.
"State owned corporation" includes a subsidiary of a State owned corporation.
"superannuation scheme" means a scheme, fund or arrangement under which any
superannuation or retirement benefits are provided and which is established by
or under an Act.
2 Superannuation
(1) An eligible employee--(a) may continue to contribute to any superannuation scheme to which he or she was a contributor immediately before becoming an eligible employee, and(b) is entitled to receive any payment, pension or gratuity accrued or accruing under the scheme,as if he or she had continued to be such a contributor during service with the State owned corporation.
(2) Service by the eligible employee with the corporation is to be taken to be service as an officer in his or her previous employment for the purposes of any law under which the officer continues to contribute to the scheme or by which an entitlement under the scheme is conferred.
(3) The eligible employee is to be regarded as an officer or employee, and the corporation is to be regarded as the employer, for the purposes of the scheme.
(4) This clause ceases to apply to the eligible employee if he or she becomes a contributor to another superannuation scheme, but the eligible employee is not prevented from receiving a resignation benefit from the first superannuation scheme.
3 Leave
An eligible employee retains any rights to annual leave, extended service leave and sick leave accrued or accruing in his or her previous employment.
4 No dual benefits
An eligible employee is not entitled to claim, both under this Act and any other Act, dual benefits of the same kind for the same period of service.
5 Former Public Service employees may apply for employment in the Public Service
(1) An eligible employee who, immediately before becoming an employee of the State owned corporation, was a Public Service employee may, within the following period of 3 years, apply for employment in the Public Service as if the employee were still a Public Service employee.
(2) An eligible employee who applies for such employment is, for the purposes of the Government Sector Employment Act 2013 and the Industrial Relations Act 1996 , to be taken to be a Public Service employee in relation to the application.
(3) There is no right of appeal under Part 7 of Chapter 2 of the Industrial Relations Act 1996 --(a) for a person against the employment in the Public Service of an eligible employee, or(b) for an eligible employee against the employment in the Public Service of another person.