Victorian Consolidated Legislation

Emergency Services Superannuation Act 1986 - SECT 13A

Staff

13A. Staff



(1) The Chief Executive Officer may on behalf of the Board employ any persons
necessary for the purposes of this Act under Part 3 of the
Public Administration Act 2004.

(2) Persons employed in accordance with section 22 of the
Government Superannuation Act 1999 under Part 3 of the
Public Administration Act 2004 are to be taken to have been employed in
accordance with subsection (1) for the purposes of this Act.

(3) A person employed by the Board in accordance with section 13 as in force
before the commencement of the Superannuation Legislation (Governance Reform)
Act 2005 must, within 90 days of that commencement, elect in writing to the
Chief Executive Officer to-

   (a)  be employed in accordance with subsection (1) under Part 3 of the
        Public Administration Act 2004; or

   (b)  continue to be employed by the Board in accordance with section 13 as
        in force before the commencement of the Superannuation Legislation
        (Governance Reform) Act 2005.

(4) A person to whom subsection (2) or (3) applies is entitled to a salary and
terms and conditions of employment no less favourable than those which he or
she received or was entitled to receive immediately before the commencement of
the Superannuation Legislation (Governance Reform) Act 2005 and to all his or
her accrued benefits arising from his or her prior employment.





(5) A person to whom subsection (2) or (3) applies who, immediately before the
commencement of the Superannuation Legislation (Governance Reform) Act 2005,
was-

   (a)  an officer within the meaning of the State Superannuation Act 1988; or

   (b)  an employee within the meaning of the
        State Employees Retirement Benefits Act 1979; or

   (c)  an employee within the meaning of the
        Transport Superannuation Act 1988-

continues, subject to the relevant Act, to be an officer or an employee (as
the case may be) within the meaning of that Act while employed for the
purposes of this Act.

(6) The transfer of an employee by subsection (2) does not constitute a
resignation or termination of employment of that employee and the
post-transfer service of that employee is to be regarded as continuous with
the pre-transfer service of that employee.