26. Service rights, etc., of transferred employees to be preserved

The terms and conditions to be drawn up by the Commission must take into account the terms and conditions of service (including salaries and accrued rights to leave) enjoyed by the persons transferred to the service of the Commission under section 25 while in the employment of the Government.

Any term or condition relating to the length of service with the Commission must recognise the length of service of the persons so transferred while in the employment of the Government to be service with the Commission.

Nothing in the terms and conditions of service to be drawn up by the Commission adversely affects the conditions that would have been applicable to persons transferred to the service of the Commission as regards any pension, gratuity or allowance payable under the Pensions Act 1956.

Where a person has been transferred to the service of the Commission under section 25, the Government shall be liable to pay to the Commission such portion of any pension, gratuity or allowance payable to the person on the person’s retirement as the same bears to the proportion which the aggregate amount of the person’s pensionable emoluments during the person’s service with the Government bears to the aggregate amount of the person’s pensionable emoluments during the person’s service under both the Government and the Commission.

Where any person in the service of the Commission, whose case does not fall within the scope of any pension or other schemes established under this section, retires or dies in the service of the Commission or is discharged from such service, the Commission may grant to him or her or to such other person wholly or partly dependent on him or her, as the Commission thinks fit, such allowance or gratuity as the Commission may determine.