82AKEmployment of employee taken to have retired under section 82AJ

##### 82AK Employment of employee taken to have retired under section 82AJ (1) An employee who is taken to have retired from the Service under section 82AJ may apply to the relevant Secretary, in writing, for employment in the Department. (2) The Secretary must: (a) if the Secretary is satisfied that the applicant had, in all the circumstances, reasonable grounds for being absent, employ the applicant in the Department in the same or a similar capacity with the same rate of pay as that payable to the applicant immediately before he or she was taken to have retired; or (b) if the Secretary is not so satisfied—refuse the application. (3) Where the Secretary refuses the application: (a) the Secretary must notify the applicant in writing accordingly, and give to the applicant and the Commissioner 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 taken to have retired from the Service under section 82AJ is employed under this section: (a) the person is taken, during the period commencing immediately after the day of the retirement and ending immediately before the day on which the person was so employed, to have continued his or her employment and to have been on leave of absence without pay; and (b) the relevant Secretary must determine whether that period, or any part of that period, is to form part of the employee’s period of service for any specified purposes under this Act or any other Act (other than the Superannuation Act 1976 or the Superannuation Act 1990). (6) In this section, relevant Secretary in relation to a person who is taken to have retired from the Service under section 82AJ, means the Secretary to the Department in which the person was employed immediately before being taken to have so retired or, if that Department has ceased to exist, the Secretary to such Department as the Commissioner directs.