77Rights under Part IV of the old Act—first‑tier persons

#### 77 Rights under Part IV of the old Act—first‑tier persons (1) During the transitional period, a first‑tier person is taken to be absent from duty as a Parliamentary Service employee, on leave without pay. (2) Service by a first‑tier person in eligible public employment during the transitional period is counted, for the purposes of accrual of recreation leave credits and sick leave credits, as if it were service as a Parliamentary Service employee. (3) A first‑tier person is taken to have resigned as a Parliamentary Service employee at the end of the transitional period unless, before the end of the transitional period: (a) the person has given notice in writing to the relevant Secretary stating that the person intends to resume duties as a Parliamentary Service employee on the first working day after the end of the transitional period; or (b) the person has been granted leave for a period that consists of, or includes, the first working day after the end of the transitional period. (4) If a person: (a) gives a notice under paragraph (3)(a); and (b) is absent from duty without leave on the first working day after the end of the transitional period; the person is taken to have resigned as a Parliamentary Service employee at the end of that first working day. (5) If a person would have ceased to be an officer under the old Act at a particular time because of section 87JA or 87JB of the old Act (if the old Act had not been repealed), then the person is taken to have resigned as a Parliamentary Service employee at that time. (6) If the transitional period for a first‑tier person ends at the end of the relevant period (as defined in subsection 87D(5) of the old Act), then the person becomes a second‑tier person at the end of that relevant period.