Public Sector Management Act 1988 No 33
92 Compensation for office holder following
(1) This section applies to a person who (being a term
(a) is removed from an office under section 90,
(b) is not entitled to be engaged in the public sector under section
but does not apply to a person who held the office concerned on a
(2) A person to whom this section applies is entitled to such
compensation (if any) for loss of remuneration as the Statutory and Other
Offices Remuneration Tribunal determines.
(3) The maximum compensation payable is an amount equal to the
person’s gross remuneration for:
(a) the period of 38 weeks, or
(b) if the person was appointed for a term—the period starting
from the person’s removal from office and ending when the person’s
term of office would have expired,
at the rate at which it was payable immediately before the person’s
removal from office.
(4) If more than one such period is applicable, the maximum
compensation is to be calculated by reference to the shorter or shortest
(5) The person is not entitled to any other compensation for the
removal from office or to any other remuneration in respect of the office for
any period afterwards.
(6) If the Statutory and Other Offices Remuneration Tribunal
determines that compensation is payable under this section, it must, in its
determination, specify the period to which the compensation for loss of
(7) The person may not be engaged in the public sector or employed in
the service of a State owned corporation established under the State Owned Corporations Act 1989
or a subsidiary of such a State owned corporation during the period so
specified, unless arrangements are made for a refund of the proportionate
amount of the compensation.