27Right of return

27 Right of return (1) An executive who— (a) immediately before his or her first employment as an executive (whether before or after the commencement of this section) was a non-executive employee; and (b) since that first employment has been continuously employed as an executive— is entitled, on ceasing to be employed as an executive for any reason on the initiative of the employer (other than where his or her employment was terminated for misconduct within the meaning of section 22) or because of the expiry of his or her contract of employment, to be employed as a non-executive employee in the public service body in which he or she was last employed as an executive. (2) The employment to which a former executive is entitled under this section is employment in the highest classification of non-executive role— (a) at the mid-point of that classification; or S. 27(2)(b) amended by No. 80/2006 s. 9(1). (b) if employment at that mid-point would result in the former executive being employed at a higher total remuneration level than that at which he or she was last employed as an executive, at the highest point of that classification that would not have that result. S. 27(3) inserted by No. 80/2006 s. 9(2). (3) The regulations may specify how the total remuneration level at which a former executive was last employed as an executive is to be determined for the purposes of this section. S. 27(4) inserted by No. 80/2006 s. 9(2). (4) A former executive may, whether in consideration of the making of any payment to him or her or otherwise, waive in writing his or her entitlement under this section to employment in a public service body. S. 27(5) inserted by No. 80/2006 s. 9(2). (5) A former executive who elects to exercise his or her entitlement under this section to employment in a public service body is not entitled to any payment in lieu of notice on the termination of his or her contract of employment as an executive, despite anything to the contrary in that contract. Note to s. 27 substituted by No. 37/2014 s. 10(Sch. item 135.4). Section 16(2) sets out how this section applies to an office or body covered by section 16(1). The public service body to which an executive employed in such an office or body may have a right of return under this section is that office or body. Pt 3 Div. 6 (Heading) amended by No. 27/2009 s. 8.