33Preservation of certain rights

#### 33 Preservation of certain rights 33 Preservation of certain rights > > (1) In this section superannuation scheme means a scheme, fund or arrangement which is established by or under an Act and which provides for superannuation or retirement benefits. > > > (2) Subject to subsection (3) and to the terms of appointment, if the Ombudsman was, immediately before being appointed Ombudsman, a Public Service employee or a contributor to a superannuation scheme, the Ombudsman— > > > > > (a) retains any rights accrued or accruing to the Ombudsman as such an employee or contributor, and > > > > > (b) may continue to contribute to any superannuation scheme to which the Ombudsman was a contributor immediately before being appointed Ombudsman, and > > > > > (c) is entitled to receive any deferred or extended leave and any payment, pension or gratuity under the superannuation scheme, > > > > as if the Ombudsman had continued to be such an employee or contributor during his or her service as Ombudsman and— > > > > > (d) the Ombudsman’s service as Ombudsman is taken to be service as an employee for the purpose of any law under which those rights accrued or were accruing, under which the Ombudsman continues to contribute or by which that entitlement is conferred, and > > > > > (e) the Ombudsman is taken to be an employee, and the Minister is taken to be the Ombudsman’s employer, for the purposes of the superannuation scheme to which the Ombudsman is entitled to contribute under this subsection. > > > (3) Where, but for this subsection, the Ombudsman would be entitled under subsection (2) to contribute to a superannuation scheme or to receive any payment, pension or gratuity under that scheme, the Ombudsman shall not be so entitled upon becoming (whether upon being appointed Ombudsman or at any later time while holding office as Ombudsman) a contributor to any other superannuation scheme and the provisions of subsection (2) (e) cease to apply to or in respect of the Ombudsman and the Minister in any case where the Ombudsman becomes a contributor to another superannuation scheme. > > > (4) Subsection (3) does not prevent the payment to the Ombudsman upon his or her ceasing to be a contributor to a superannuation scheme of such amount as would have been payable to the Ombudsman had he or she ceased, by reason of resignation, to be an employee for the purposes of that scheme. > > > (5) Subject to the terms of appointment, if the Ombudsman was, immediately before being appointed Ombudsman, a Public Service employee, the Ombudsman is— > > > > > (a) if he or she ceases to hold office as Ombudsman otherwise than pursuant to section 6 (5), and > > > > > (b) if he or she is under the age of sixty years, > > > > entitled to be employed at a work level and salary not lower than the level at which he or she was employed immediately before being appointed Ombudsman. > > > (6) The Ombudsman is not, in respect of the same period of service, entitled to claim a benefit under this Act and another Act. > > **s 33:** Am 2015 No 58, Sch 3.66 \[3\]–\[5\].