sec.35Effect of certain dismissals on superannuation or retirement benefits

### sec.35 Effect of certain dismissals on superannuation or retirement benefits If the employment of a holder of a public office is to be terminated by the holder’s dismissal from office in circumstances such that the holder would, but for this provision, be entitled to be paid the whole of the superannuation or retirement benefits provided under the relevant superannuation scheme for a contributor upon retirement or cessation of employment, a regulation may declare that the whole or part of the benefits shall not be paid to or on account of the dismissed person but shall be held in escrow by a person nominated in the regulation upon the conditions of escrow declared by the regulation. If the declaration is made, the dismissed person’s entitlement to have the superannuation or retirement benefits paid to him or her or on his or her account shall be subject to and dependent upon such declaration and the fulfilment of the conditions of escrow so declared, notwithstanding the provisions of any other Act or any agreement. s 35 amd 1995 No. 57 s 4 sch 1 ; 2000 No. 52 s 32 (sec.35-ssec.1) If the employment of a holder of a public office is to be terminated by the holder’s dismissal from office in circumstances such that the holder would, but for this provision, be entitled to be paid the whole of the superannuation or retirement benefits provided under the relevant superannuation scheme for a contributor upon retirement or cessation of employment, a regulation may declare that the whole or part of the benefits shall not be paid to or on account of the dismissed person but shall be held in escrow by a person nominated in the regulation upon the conditions of escrow declared by the regulation. (sec.35-ssec.2) If the declaration is made, the dismissed person’s entitlement to have the superannuation or retirement benefits paid to him or her or on his or her account shall be subject to and dependent upon such declaration and the fulfilment of the conditions of escrow so declared, notwithstanding the provisions of any other Act or any agreement.