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National Nuclear Regulator Act, 1999 (Act No. 47 of 1999)

Chapter 2 : National Nuclear Regulator

16. Staff of Regulator

 

(1) Subject to the written directions of the board, the chief executive officer may appoint such staff for the Regulator as are necessary to perform the work arising from or connected with the Regulator’s functions in terms of this Act.

 

(2)
(a) The terms and conditions of service of the chief executive officer and other staff of the Regulator, including their remuneration, allowances, subsidies and other service benefits, are determined by the board.
(b) That remuneration and those allowances, subsidies and other service benefits must be determined in accordance with a system approved by the Minister with the agreement of the Minister of Finance.

 

(3)
(a) The persons who, immediately before the specified date, were employees of the Council for Nuclear Safety appointed in terms of section 13(1) of the previous Act, or deemed by section 13(2) of that Act to have been so appointed, are, from that date, deemed to be employees of the Regulator who have been appointed in terms of subsection (1) of this section.
(b) The terms and conditions of service, allowances, subsidies and other service benefits that were applicable to those employees immediately before the specified date, continue, with effect from the specified date, to apply until re-determined by the board in terms of subsection (2).
(c) The terms and conditions of service, allowances, subsidies and other service benefits so re-determined, may not be less than those applicable before the re-determination.
(d) Those employees’ respective periods of pensionable service with the Council for Nuclear Safety or its predecessor in terms of any law must be regarded as pensionable service for the purpose of membership of any pension fund or scheme of which they are members after the specified date.
(e) The leave which has been accumulated by each of those employees while in the service of the Council for Nuclear Safety must be regarded as if it were leave accumulated by such an employee in the service of the Regulator.

 

(4) Subject to subsection (5), the Regulator is regarded to be an associated institution for the purposes of the Associated Institutions Pension Fund Act, 1963 (Act No. 41 of 1963).

 

(5) The board may, with the approval of the Minister granted with the agreement of the Minister of Finance, establish, manage and administer any pension or provident fund or medical scheme for the benefit of the staff of the Regulator for the benefit of its employees or have such a scheme or fund managed or administered by any other body or person.

 

(6) Any pension or provident fund established by the Council for Nuclear Safety in terms of section 13(4)(b) of the previous Act is deemed to be a fund established in terms of subsection (5).