234Continuity of entitlements of transferred employees

#### 234 Continuity of entitlements of transferred employees 234 Continuity of entitlements of transferred employees > > (1) On the transfer of a person’s employment from TfNSW to the National Heavy Vehicle Regulator by order under this Part, the following provisions have effect— > > > > > (a) the person is entitled to continue as a contributor, member or employee for the purposes of a superannuation scheme in respect of which the person was a contributor, member or employee, as a member of staff of TfNSW, immediately before the transfer of employment and remains entitled subject to a variation to that entitlement made either by agreement or otherwise in accordance with law, > > > > > (b) the National Heavy Vehicle Regulator is taken to be an employer for the purposes of a superannuation scheme in respect of which the person continues as a contributor, member or employee in relation to an entitlement under this clause, > > > > > (c) the continuity of the person’s employment is taken not to have been broken by the transfer of employment, and service of the person with TfNSW, including service deemed to be service with TfNSW, that is continuous service up to the time of transfer is deemed to be service with the National Heavy Vehicle Regulator, > > > > > (d) the person is entitled to elect to be paid the monetary value of all or part of the annual leave accrued, but not taken, by the person immediately before the transfer of employment, > > > > > (e) if, immediately before the transfer of employment, the person has at least 7 years of continuous service with TfNSW, including service deemed to be service with TfNSW, the person is entitled to elect to be paid the monetary value of all or part of the extended leave accrued, but not taken, by the person immediately before the transfer, > > > > > (f) the person retains their rights to annual leave, extended leave, family and community service leave and sick leave accrued, but not taken, by the person immediately before the transfer of employment, except accrued leave for which the person has, under paragraph (d) or (e), been paid the monetary value. > > > (2) The Minister may, in connection with the operation of this Part, give a written certificate about the extent of the accrued rights to annual leave, extended leave, family and community service leave or sick leave that are retained by a person under this Part, and the certificate is evidence of the matters certified. > > > (3) A person is not entitled, in respect of the same period of service, to claim a benefit under this Act and another law or instrument.