sec.35Preservation of existing rights and entitlements

sec.35 Preservation of existing rights and entitlements

The Public Sector Act 2022 does not apply to the chief executive officer’s appointment. However, if a person appointed as chief executive officer was, immediately before taking up the appointment, a public service employee— the person is entitled to retain all existing and accruing rights as if service as the chief executive officer were a continuation of service as a public service employee; and the person retains all existing and accruing rights relating to superannuation. If a person is appointed as a public service employee and was, immediately before taking up the appointment, the chief executive officer of the authority, the person’s service as chief executive officer must be regarded as service as a public service employee. s 35 amd 2016 No. 64 s 79 sch 1 ; 2022 No. 34 s 365 sch 3 (sec.35-ssec.1) The Public Sector Act 2022 does not apply to the chief executive officer’s appointment. (sec.35-ssec.2) However, if a person appointed as chief executive officer was, immediately before taking up the appointment, a public service employee— the person is entitled to retain all existing and accruing rights as if service as the chief executive officer were a continuation of service as a public service employee; and the person retains all existing and accruing rights relating to superannuation. (sec.35-ssec.3) If a person is appointed as a public service employee and was, immediately before taking up the appointment, the chief executive officer of the authority, the person’s service as chief executive officer must be regarded as service as a public service employee.

• (a) the person is entitled to retain all existing and accruing rights as if service as the chief executive officer were a continuation of service as a public service employee; and
• (b) the person retains all existing and accruing rights relating to superannuation.