87JBExcess officer failing to resign from employment

##### 87JB Excess officer failing to resign from employment (1) This section applies to an officer to whom this Division applies and who: (a) after the commencement of this section, becomes excess in relation to the employment because of which he or she is an officer to whom this Division applies; and (b) is notified, as prescribed, by the employing authority of the effect in relation to the officer of the operation of this section; and (c) does not, before the end of 60 days after the date on which he or she so became excess or the date on which he or she was so notified, whichever is the later date, resign from that employment. (2) Unless the officer resigned from the Service before the end of the period referred to in paragraph (1)(c), he or she is taken, for the purposes of this Act, to have resigned from the Service at the end of that period. (3) Despite subsection 87K(1), the officer does not become a person to whom Division 3 applies by being engaged in eligible public employment on the day after the day on which he or she resigned from the Service. (4) If the officer ceases to be excess in relation to his or her employment as mentioned in paragraph (1)(a) and continues in that employment, the preceding provisions of this section do not apply, and are taken never to have applied, to the officer because of his or her having so been excess.