321Officers appointed or transferred to Authorities

321 Officers appointed or transferred to Authorities S. 321(1) amended by Nos 50/1992 s. 10(Sch. item 11.34), 17/2012 s. 64. (1) In this section, a reference to an appointment includes a reference to a transfer as a result of an Order under section 98(1) as in force before the commencement of section 54 of the **Water (Governance) Act 2006**. (2) A person appointed as an officer of an Authority who, immediately before that appointment, was— (a) an officer within the meaning of the **State Superannuation Act 1988** or any corresponding previous enactment; or (b) a permanent employee within the meaning of the **State Employees Retirement Benefits Act 1979**— may, subject to those Acts, elect in writing, within 6 months after commencing duties as an officer of the Authority, to continue to be an officer or permanent employee for the purposes of the appropriate Act for the period of his or her appointment. (3) A person appointed as an officer of an Authority (other than a person referred to in subsection (2)) who, immediately before that appointment, was a member of or contributor to a scheme of superannuation may, subject to the rules governing that scheme, elect in writing, within 6 months after commencing duties as an officer of the Authority, to continue as a member of or contributor to that scheme for the period of his or her appointment. (4) A person referred to in subsection (2) or (3) who has not, 6 months after commencing duties as an officer of the Authority, made an election under subsection (2) or (3) must, on and after the end of that period, be taken to be an employee within the meaning of the **Local Authorities Superannuation Act 1988** and, despite anything to the contrary in that Act, must be taken to have become such an employee as from the end of that period. (5) A person appointed as an officer of an Authority who makes an election under subsection (2) or (3) must be taken not to be an employee within the meaning of the **Local Authorities Superannuation Act 1988**. (6) Until an officer referred to in subsection (2) or (3) makes an election under those subsections, or 6 months after the date on which he or she commences duties as an officer of the Authority (whichever is earlier) the officer must— (a) in the case of an officer referred to in subsection (2), be taken to continue to be an officer within the meaning of the **State** **Superannuation Act 1988** or any corresponding previous enactment, or a permanent employee within the meaning of the **State Employees Retirement Benefits Act 1979**, as the case requires; and (b) in the case of an officer referred to in subsection (3), continue as a member of or contributor to the scheme of superannuation.