sec.5.10Officer’s election on termination of certain appointments

### sec.5.10 Officer’s election on termination of certain appointments If an officer who holds a position in the service on a contract basis or for a limited duration of tenure ceases to hold the position because— the contract or tenure has expired and has not been renewed; or the contract or tenure is terminated otherwise than by reason of— the officer’s resignation from the service or retirement from the service; or disciplinary action against the officer; and before accepting the position that person was an officer in employment that satisfies the requirements of subsection (2) that person is entitled to elect to continue as an officer in accordance with this section. The requirements referred to in subsection (1) are— the employment in the service before acceptance of the position referred to in subsection (1) must have been on a tenure not limited by time; the employment in the service before acceptance of the position referred to in subsection (1) must have been, or be taken to have been, continuous. If a person makes an election under subsection (1) , the commissioner may appoint the person at a rank determined by the commissioner—being a rank not lower than that at which the person was employed in the service immediately before the person first accepted employment in the position referred to in subsection (1) , or a rank prescribed for the time being to be equivalent to that rank. If a person makes an election under subsection (1) , the person thereby renounces all entitlements secured to the person by the contract of employment in the event of its termination as referred to in subsection (1) . An election made under subsection (1) — must be made in writing signed by the elector and given to the commissioner within 14 days following— expiry of the contract or tenure in question; or notice of termination of the contract or tenure being given to the holder of the position in question; and when duly made, has the effect that the elector’s service as an officer is taken not to have been terminated by the expiry or termination of the contract or tenure in question, but to have continued in accordance with the foregoing provisions of this section. If the regulations prescribe requirements to be met, if service as an officer is to be taken as continuous, service of an officer referred to in this section is not continuous unless it accords with the requirements of the regulations, and subsection (5) (b) has operation subject to this subsection. (sec.5.10-ssec.1) If an officer who holds a position in the service on a contract basis or for a limited duration of tenure ceases to hold the position because— the contract or tenure has expired and has not been renewed; or the contract or tenure is terminated otherwise than by reason of— the officer’s resignation from the service or retirement from the service; or disciplinary action against the officer; and before accepting the position that person was an officer in employment that satisfies the requirements of subsection (2) that person is entitled to elect to continue as an officer in accordance with this section. (sec.5.10-ssec.2) The requirements referred to in subsection (1) are— the employment in the service before acceptance of the position referred to in subsection (1) must have been on a tenure not limited by time; the employment in the service before acceptance of the position referred to in subsection (1) must have been, or be taken to have been, continuous. (sec.5.10-ssec.3) If a person makes an election under subsection (1) , the commissioner may appoint the person at a rank determined by the commissioner—being a rank not lower than that at which the person was employed in the service immediately before the person first accepted employment in the position referred to in subsection (1) , or a rank prescribed for the time being to be equivalent to that rank. (sec.5.10-ssec.4) If a person makes an election under subsection (1) , the person thereby renounces all entitlements secured to the person by the contract of employment in the event of its termination as referred to in subsection (1) . (sec.5.10-ssec.5) An election made under subsection (1) — must be made in writing signed by the elector and given to the commissioner within 14 days following— expiry of the contract or tenure in question; or notice of termination of the contract or tenure being given to the holder of the position in question; and when duly made, has the effect that the elector’s service as an officer is taken not to have been terminated by the expiry or termination of the contract or tenure in question, but to have continued in accordance with the foregoing provisions of this section. (sec.5.10-ssec.6) If the regulations prescribe requirements to be met, if service as an officer is to be taken as continuous, service of an officer referred to in this section is not continuous unless it accords with the requirements of the regulations, and subsection (5) (b) has operation subject to this subsection. - (a) the contract or tenure has expired and has not been renewed; or - (b) the contract or tenure is terminated otherwise than by reason of— (i) the officer’s resignation from the service or retirement from the service; or (ii) disciplinary action against the officer; - (i) the officer’s resignation from the service or retirement from the service; or - (ii) disciplinary action against the officer; - (i) the officer’s resignation from the service or retirement from the service; or - (ii) disciplinary action against the officer; - (a) the employment in the service before acceptance of the position referred to in subsection (1) must have been on a tenure not limited by time; - (b) the employment in the service before acceptance of the position referred to in subsection (1) must have been, or be taken to have been, continuous. - (a) must be made in writing signed by the elector and given to the commissioner within 14 days following— (i) expiry of the contract or tenure in question; or (ii) notice of termination of the contract or tenure being given to the holder of the position in question; and - (i) expiry of the contract or tenure in question; or - (ii) notice of termination of the contract or tenure being given to the holder of the position in question; and - (b) when duly made, has the effect that the elector’s service as an officer is taken not to have been terminated by the expiry or termination of the contract or tenure in question, but to have continued in accordance with the foregoing provisions of this section. - (i) expiry of the contract or tenure in question; or - (ii) notice of termination of the contract or tenure being given to the holder of the position in question; and