New South Wales Consolidated Acts

LAW REFORM COMMISSION ACT 1967 - SCHEDULE 1

SCHEDULE 1 – Provisions relating to the preservation of rights of certain persons on their appointment as full-time commissioners

(Section 8 (7))

1 Definitions

In this Schedule:

"commissioner" means a full-time commissioner, not being the holder of a judicial office.

"statutory body" means a body declared under clause 6 to be a statutory body for the purposes of this Schedule.

"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 Preservation of rights--generally

Subject to clause 3 and to the terms of his or her appointment, if a commissioner was, immediately before appointment as a commissioner:

(a) a Public Service employee, or

(b) a contributor to a superannuation scheme, or

(c) a member of staff of a statutory body, or

(d) a person in respect of whom provision was made by any Act that the person retain any rights accrued or accruing to the person as a Public Service employee or member of staff of a statutory body,

(e) retains any rights accrued or accruing to the commissioner as such an employee, contributor or member of staff, and

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

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

(h) service as a commissioner is taken to be service as an employee or member of staff for the purpose of any law under which those rights accrued or were accruing, under which the commissioner continues to contribute or by which that entitlement is conferred, and

(i) the commissioner is taken to be an employee or member of staff, and the Government of New South Wales is taken to be the commissioner's employer, for the purposes of the superannuation scheme to which the commissioner is entitled to contribute under this clause.

3 Consequence of becoming contributor to another superannuation scheme

(1) If a commissioner would, but for this subclause, be entitled under clause 2 to contribute to a superannuation scheme or to receive any payment, pension or gratuity under that scheme, the commissioner shall not be so entitled upon becoming (whether upon appointment as a commissioner or at any later time while the commissioner holds office as a commissioner) a contributor to any other superannuation scheme, and the provisions of clause 2 (i) cease to apply to or in respect of the commissioner and the Government of New South Wales in any case where the commissioner becomes a contributor to such another superannuation scheme.

(2) Subclause (1) does not prevent the payment to a commissioner upon ceasing to be a contributor to a superannuation scheme of such amount as would have been payable to the commissioner if the commissioner had ceased, by reason of his or her resignation, to be an employee or member of staff for the purposes of that scheme.

4 Restrictions on entitlement to benefit

A commissioner shall not, in respect of the same period of service, be entitled to claim a benefit under this Act and another Act.

5 Reappointment to former employment in certain cases

(1) In this clause,
"retiring age" means, in relation to a person who was, immediately before appointment as a commissioner:

(a) a person employed in the Public Service--the age of 60 years, or

(b) a member of staff of a statutory body--the age at which members of staff (being members of staff of the class to which that person belonged immediately before appointment as a commissioner) of that statutory body are entitled to retire.

(2) A person who ceased to be a commissioner, otherwise than pursuant to section 9 (2), is, if the person has not attained the retiring age, entitled to be employed, if, immediately before appointment as a commissioner, the person was:

(a) a person employed in the Public Service--in the Public Service, or

(b) a member of staff of a statutory body--as a member of staff of that body,

at a work level and salary not lower than the level at which the person was employed immediately before appointment as a commissioner.

6 Declarations of statutory bodies

The Governor may, by proclamation published in the Gazette, declare any body constituted by or under any Act to be a statutory body for the purposes of this Schedule.