SCHEDULE 3 - Savings provision SCHEDULE 3 - Savings provisions in relation to certain RBF employees

Section 53

1.   Interpretation

In this Schedule –

continuous employment has the same meaning as in the Long Service Leave Act 1976 or the Long Service Leave (State Employees) Act 1994 , as the case may be;

RBF means the Retirement Benefits Fund Board (ABN 97 724 593 931);

relevant person means a person who –

(a) immediately before the transfer date, was an employee of RBF; and

(b) is, after the transfer date, appointed under the State Service Act 2000 and is made available to enable the Commission to perform and exercise the Commission's functions and powers.

2.   Long service leave entitlements

(1) A relevant person's period of service with RBF is taken to be continuous employment with the State Service –

(a) for the purposes of calculating the long service leave which that person will be entitled to, or eligible for, under the Long Service Leave (State Employees) Act 1994 ; and

(b) for the purposes of calculating any redundancy payment if the person is made redundant from the State Service.

(2) If the Long Service Leave Act 1976 applies to a relevant person, that person may elect in writing, on the day on which that person ceases to be an employee of RBF, to not be paid in accordance with section 12(4) of that Act.

(3) If the Long Service Leave (State Employees) Act 1994 applies to a relevant person, that person may elect in writing, on the day on which that person ceases to be an employee of RBF, to not be paid the allowance specified in section 20(2) of that Act.

(4) On being appointed under the State Service Act 2000 , a relevant person is entitled, subject to subclause (10) , to the amount of long service leave that the person would have been entitled to, or been eligible for, on the day on which the person ceased to be an employee of RBF, if –

(a) the person had not ceased to be an employee of RBF; and

(b) the person has not received any payment in respect of that long service leave.

(5) For the purposes of calculating the long service leave entitlement under the Long Service Leave (State Employees) Act 1994 of a relevant person, the amount of long service leave to which that person is entitled is to be no more than the combined amount of –

(a) the long service leave under subclause (4) ; and

(b) the amount of long service leave to which that person is entitled under the Long Service Leave (State Employees) Act 1994 on and from the date on which that person is appointed under the State Service Act 2000 but excluding that person's period of service with RBF.

(6) On appointment under the State Service Act 2000 , a relevant person who is not entitled to long service leave in accordance with section 8(2)(a)(i) of the Long Service Leave Act 1976 is entitled to long service leave if the combined period of continuous employment with RBF and continuous employment in the State Service is 10 years.

(7) For the purposes of calculating the long service leave entitlement of a person referred to in subclause (6) , the amount of long service leave to which that person is entitled is to be no more than the combined amount of –

(a) 0.866 weeks of long service leave for each year of continuous employment with RBF; and

(b) 6.5 days of long service leave for each year of continuous employment in the State Service.

(8) On appointment under the State Service Act 2000 , a relevant person who is not entitled to long service leave in accordance with section 8(2)(a)(ii) of the Long Service Leave Act 1976 is entitled to long service leave for the period of that person’s continuous employment with RBF.

(9) Subject to subclause (10) , for the purposes of calculating the long service leave entitlement of a person referred to in subclause (8) , the amount of long service leave to which that person is entitled is to be no more than the amount of 0.866 weeks of long service leave for each year of continuous employment with RBF.

(10) If a relevant person has taken or exhausted the long service leave to which that person is entitled as a result of his or her employment with RBF, the amount of long service leave taken or exhausted by that person is to be deducted from any amount of long service leave to which the person is, or becomes, entitled, or for which that person is, or becomes, eligible, on or after that person's appointment under the State Service Act 2000 .

(11) Subclauses (1) , (4) , (6) and (8) do not apply if the period from the date of the relevant person ceasing to be an employee of RBF to the date of commencement of the person's appointment under the State Service Act 2000 exceeds 3 months.

(12) Subclause (4) does not apply to a relevant person if that person has received payment in respect of his or her full entitlement to long service leave accrued in respect of his or her employment with RBF.

3.   Superannuation entitlements

(1) Nothing in this Act affects the superannuation entitlements of a relevant person that were in existence immediately before the date on which that person ceased to be an employee of RBF.

(2) Subclause (1) does not apply if the period from the date on which the person ceased to be an employee of RBF to the date of commencement of the person's appointment under the State Service Act 2000 exceeds 3 months.