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Emergency Services Superannuation Act 1986
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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.
S. 14 substituted by No. 102/1995 s. 5, amended by No. 94/2005 s. 13(a).