Public Sector Management Act 1988 No 33
Repealed version for 5 September 2002 to 8 September 2002 (accessed 23 May 2013 at 07:10)
Part 8Section 92

92   Compensation for office holder following removal

(1)  This section applies to a person who (being a term appointee):
(a)  is removed from an office under section 90, and
(b)  is not entitled to be engaged in the public sector under section 91,
      but does not apply to a person who held the office concerned on a part-time basis.
(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,
(c)  (Repealed)
      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 period.
(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 remuneration relates.
(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.
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