(1) Despite anything in section 2.4.25 if—
(a) an on-going employee with service amounting to not less than 10 years resigns or is dismissed or has his or her services dispensed with; or
(b) a temporary employee with service amounting to not less than 10 years resigns or for any reason other than age or ill-health has his or her service terminated—
the Secretary, on the written application of the employee must, in lieu of long service leave with pay, grant the payment to the employee of a sum calculated by the Secretary in accordance with a Ministerial Order.
(2) If a Ministerial Order does not provide for a calculation for the purposes of this section, the Secretary must pay a sum calculated by the Secretary which shall not in such a case exceed a sum representing pay for service equal to one‑fortieth of the period of service.
(3) No payment under subsection (1) is to be made for any part of the period of service in respect of which long service leave with pay or pay in lieu of leave has been taken by the employee.