State Authorities Superannuation (Transport Officers’ Gratuity Scheme Transfer) (Savings and Transitional) Regulation 1989
9Circumstances in which a transferred transport officer ceases to be entitled to special benefit
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9 Circumstances in which a transferred transport officer ceases to be entitled to special benefit
9 Circumstances in which a transferred transport officer ceases to be entitled to special benefit
(1) This clause applies to the following employers:
(a) the State Rail Authority of New South Wales,
(b) the State Transit Authority of New South Wales,
(c) the Roads and Traffic Authority of New South Wales,
(d) the Crown in its capacity as the employer of persons employed in the Ministry of Transport,
(e) Rail Access Corporation,
(f) Freight Rail Corporation,
(g) the Railway Services Authority of New South Wales,
(h) RailCorp,
(i) NSW Trains,
(j) Sydney Trains.
(2) If a transferred transport officer, for reasons other than retirement at or after reaching the early retirement age, death, physical or mental incapacity or retrenchment, ceases to be employed by an employer to whom this clause applies, then:
(a) the officer ceases to be a contributor to the Fund for the purposes of clause 4 (1), and
(b) clause 5 ceases to apply to the officer from the date on which the officer ceases to be so employed.
(3) However, such an officer who has elected to contribute to the Fund under clause 6 (2) may continue as a contributor to the Fund if otherwise entitled to do so by the Act, but in that case the officer must, if contributing at the rate of 6.7 per cent of his or her salary, continue to contribute at that rate until the officer’s next election to vary the rate of contribution takes effect.
(4) Subclause 2 (a) and (b) do not apply to a transferred transport officer referred to in subclause (2) if the officer (not having in the interim been employed by an employer to whom this clause does not apply) is, within a reasonable period determined by the Board, employed by another employer to whom this clause applies.
(5) If a transferred transport officer’s employment is or was transferred from the State Transit Authority of New South Wales to RailCorp, that transfer is taken, for the purpose of subclause (2), not to be a cessation of employment.