Public Sector Management Act 1988 No 33
42L Monetary remuneration and employment benefits for
(1) Executive officers are entitled to monetary remuneration at such
rate, and employment benefits of such kinds, as are provided in their contract
(1A) Contributions payable to a superannuation scheme by an executive
officer’s employer in respect of the officer that are required to be
made by the employer under a law of the State relating to superannuation are,
until provided for by the officer’s contract of employment, taken to be
an employment benefit provided in the contract.
(2) The total amount of:
(a) the annual rate of monetary remuneration for an executive officer,
(b) the annual cost of employment benefits provided for the executive
officer under the contract of employment,
is to be equal to the amount of the remuneration package for the
(3) The cost of an employment benefit is the approved amount or an
amount calculated in the approved manner.
(4) This section does not affect:
(a) any approved performance-related incentive payments made to an
executive officer, or
(b) any remuneration or benefits to which an executive officer is
otherwise entitled by law (such as statutory or agreed fees for attendance at
meetings or the like).
(5) A contract of employment may provide for the payment of part of
the monetary remuneration under the contract to be made in the form of a
periodic leave loading.
(6) An executive officer is entitled to be paid an amount equivalent
to the cost of a part of any entitlement to take annual or extended leave with
(a) the officer forgoes (with the approval of the officer’s
employer) the right to take that part of that leave, and
(b) the cost of that part of that leave has been included in the
officer’s contract of employment as an employment
(7) Subsection (6) has effect despite anything to the contrary in the
Annual Holidays Act 1944 or
any other Act.
(8) During any period when the monetary remuneration and employment
benefits for an executive officer cannot be determined under subsection (1),
the officer is entitled to monetary remuneration at the rate of the amount of
the remuneration package for the officer, subject to any subsequent adjustment
of payments in accordance with the officer’s contract of
(9) If the remuneration package for an executive officer is varied,
the officer is entitled to monetary remuneration and employment benefits in
accordance with the officer’s contract of employment pending any
necessary variation of the contract and adjustment of payments to comply with
this section with effect from the date of the
(10) The cost of an executive officer’s entitlement to take
annual or extended leave with pay is to be determined on the basis of the
officer’s notional salary.