PART V GENERAL 24 Appeals to Labour Court (1) Any member or former member of the Health Service who is aggrieved by the decision of the Health Service Board under section 17 in respect of— (a) any verdict reached; or (b) any penalty imposed upon him or her; or (c) both the verdict reached and the penalty imposed upon him or her; for misconduct committed or alleged to have been committed by him or her may appeal against the verdict or penalty to the Labour Court within six months from the date of the verdict or imposition of the penalty. (2) Sections 90, 91(1), 92 and 97 of the Labour Act [Chapter 28:01] shall apply, with necessary modifications, in relation to any appeal in terms of subsection (1) as if the decision appealed against were a determination in terms of that Act. 25 Pension benefits on transfer to Health Service (1) Members of the Public Service transferred to the Health Service shall be entitled to continue contributing towards a pension in terms of the Public Service (Pensions) Regulations, 1992, published in Statutory Instrument 124 of 1992, as amended or replaced from time to time (hereinafter referred as the “Public Service Pension Scheme”), subject to such terms and conditions as the Public Service Commission may fix with the approval of the Minister responsible for the Public Service and the Health Service Board. (2) The pensionable service of a person in the Public Service who is transferred to the Health Service shall be deemed, for the purpose of calculating any pension or other benefit, to have been pensionable service in the Health Service. (3) A person other than a member of the Public Service who is transferred to the Health Service in terms of section 33(7) and who contributed to any pension scheme may elect to continue contributing to that pension scheme or to contribute towards the Public Service Pension Scheme, and if he or she makes the latter election he or she shall— (a) cease to contribute to the other pension scheme on the date of his or her transfer to the Health Service and contribute towards the Public Service Pension Scheme; and (b) be deemed to have contributed in respect of an approved previous employment for the purposes of the Public Service Pension Scheme; and (c) pay to the Consolidated Revenue Fund all terminal benefits upon ceasing to contribute to that pension scheme, whereupon the following portion of his or her previous pensionable service shall be deemed to be pensionable service in the Health Service, that is, the portion equivalent to the length of pensionable service in the Health Service that the amount of his or her terminal benefits would have purchased if such amount represented arrear contributions for the purposes of the Public Service (Pensions) Regulations, 1992 (Statutory Instrument 124 of 1992). (4) A person other than a member of the Public Service who is transferred to the Health Service in terms of section 33(7) and who has not contributed to any pension scheme shall, on the date of his or her transfer to the Health Service, contribute towards the Public Service Pension Scheme. (5) Persons referred to in subsections (3) and (4) may elect to make arrear contributions for the purposes of the Public Service Pension Scheme. 26 Service regulations (1) Subject to this Act and with the concurrence of the Minister, the Board may make regulations providing for the conditions of service of members of the Health Service. (2) Regulations made in terms of subsection (1) may provide for— (a) the appointment, qualifications, salaries, allowances and other remuneration and benefits of members of the Health Service, and their promotion, functions, hours of work and leave of absence; (b) the pension benefits payable to members of the Health Service and to other persons in respect of the members’ service with the State or with any other person or authority, the contributions payable in respect of such pension benefits and the circumstances in which such pension benefits may be reduced, suspended or withdrawn; (c) training and development courses for members of the Health Service and the attendance of such members thereat; (d) the use by members of the Health Service of vehicles, equipment and other property of the State, their indemnification in respect of such use and additionally, or alternatively, the recovery from them of compensation and penalties in respect of damage or loss caused by such use; (e) the manner in which members of the Health Service, may make representations in regard to matters affecting their conditions of service and general welfare;

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