66BRe‑appointment of officers deemed to have retired under section 66A

##### 66B Re‑appointment of officers deemed to have retired under section 66A (1) A person who is deemed to have retired from the Service in accordance with subsection 66A(2) or (4) may apply to the relevant Secretary, in writing, for re‑appointment to the Service. (2) A Secretary to whom an application is made under subsection (1) shall: (a) if the Secretary is satisfied that the applicant had, in all the circumstances, reasonable grounds for being absent, re‑appoint the applicant to the Service to fill: (i) the office occupied by the applicant immediately before the applicant was deemed to have retired from the Service, or an equivalent office; (ii) if such an office is not available—an available office as nearly as possible equivalent to the office occupied by the applicant as mentioned in subparagraph (i); or (iii) with the consent in writing of the person—another office; or (b) if the Secretary is not so satisfied—refuse the application. (3) Where a Secretary refuses an application: (a) the Secretary shall notify the applicant in writing accordingly, and furnish to the applicant and the Board the reasons for the refusal; and (b) an application may be made to the Agency for review of the decision of the Secretary to refuse the application. (4) A decision under subsection (2) to refuse an application may be reviewed under section 43 of the Merit Protection Act. (5) Where a person who is deemed to have retired from the Service in accordance with subsection 66A(2) or (4) is re‑appointed to the Service under this section, the person shall be deemed, during the period commencing on the day immediately following the day on which the person is so deemed to have retired from the Service and ending on the day immediately preceding the day on which the person was so re‑appointed, to have continued in the Service and to have been absent from duty on leave of absence without pay, and the relevant Secretary shall determine whether that period, or any part of that period, is to form part of the officer’s period of service for any purposes under this Act or any other Act (other than the Superannuation Act 1976 or the Superannuation Act 1990) and, if so, the purposes for which it is to form part of the period of the officer’s service. (6) In this section, relevant Secretary in relation to a person who is deemed to have retired from the Service in accordance with subsection 66A(2) or (4), means the Secretary of the Department in which the person held an office, or was included, immediately before being deemed to have so retired or, if that Department has ceased to exist, the Secretary of such Department as the Board directs.