12Accruing and accrued rights of public servant, &c., who is appointed as Solicitor-General

12 Accruing and accrued rights of public servant, &c., who is appointed as Solicitor-General

(1)  [Section 12 Subsection (1) amended by No. 17 of 1996, Applied:14 Jan 2011] *[Section 12 Subsection (1) amended by No. 51 of 1985, s. 4 and Sched. 2, Pt. II ]*Subject to subsection (2) , where a person who is appointed as Solicitor-General was–

(a) except in the case of a person referred to in paragraph (b) – immediately before his appointment under section 4 (2) ; or

(b) in the case of a person to whom section 4 (6) applies– immediately before the commencement day–

a person to whom this section applies, he shall retain any rights accrued or accruing to him as such a person and shall be entitled to receive any long-service leave or payment in lieu of long-service leave as if he had continued to be such a person, and his service as Solicitor-General shall be deemed to be service as such a person for the purposes of any law by which those rights are, or that entitlement is, conferred or determined.

(2)  Subsection (1) does not apply to or in relation to rights accrued or accruing under a superannuation scheme.

(3)  [Section 12 Subsection (3) amended by No. 54 of 2016, s. 102, Applied:31 Mar 2017] [Section 12 Subsection (3) amended by No. 54 of 2016, s. 102, Applied:31 Mar 2017] [Section 12 Subsection (3) substituted by No. 91 of 1999, s. 72, Applied:15 Dec 1999] Where a person to whom this section applies is appointed as Solicitor-General and was, immediately before his or her appointment, a contributor to the contributory scheme within the meaning of the Public Sector Superannuation Reform Act 2016 , that person remains a member of that scheme unless he or she elects, in writing to the Secretary within one month after his or her appointment, to become a member of a default fund, within the meaning of that Act, or an RSA or other complying superannuation scheme.