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Medical Schemes Act, 1998 (Act No. 131 of 1998)

Schedule 2 : Transitional Arrangements

3. Transfer of officers and employees

 

 

1) Any person appointed in terms of section 13 of the Medical Schemes Act, 1967 shall be deemed to have been appointed in terms of section 18 of this Act for a period of nine months from the date of the commencement of this Act on the same terms and conditions under which he or she previously served.

 

2) Any officer or employee in the employment of the State may, with his or her written consent and the consent of the head of the Department in which he or she is employed, be transferred to a post at the Council to assist the Registrar in the performance of his or her functions or duties, after which he or she shall from the date of his or her transfer be deemed to have been appointed under section 8(a) of this Act: Provided that—
a) his or her salary or salary scale in respect of the post shall not be less favourable than the salary or salary scale which was applicable to him or her as a person employed by the State;
b) any sick or vacation leave which stood to his or her credit immediately prior to his or her transfer, shall be deemed to be leave credited to him or her in the employment of the Council;
c) pensionable service accrued or bought back by him or her before his or her transfer shall be deemed to be pensionable service performed by him or her in the employment of the Council;
d) any other conditions of service shall not be less favourable than those under which he or she previously served; and
e) no person shall, as a consequence of such transfer and appointment, acquire a retirement age which is higher than that which applied to him or her in the employment of the State.

 

3) The salary or salary scale referred to in subsection (2)(a) may not be reduced without the written consent of the person concerned.