"State employee" includes– (a) a member of the judiciary; (b) a member of the Defence Forces, the Police Service, the Prison Service or the Public Service; (c) a member of the staff of Parliament; (d) a person employed on the staff of any Commission established by this Constitution; and (e) a person employed to assist the Auditor-General; (f) anyone else who is permanently employed by the State or in a service or force that is wholly controlled by the State. (2) A law must not increase or permit an increase in– (a) the number or level of posts that may be occupied by State employees; (b) the fixed salary or salary scale applicable to any post, grade or rank held or to be held by a State employee; (c) the bonuses, allowances or similar benefits that may be paid or granted to State employees; or (d) the rate of pensions, gratuities or similar benefits that may be paid to or in respect of State employees; unless the Minister responsible for finance, having regard to the direct or indirect financial implications of the increase, has agreed to it. (3) ) A law must not provide for or permit a general decrease in the hours of work to be performed by State employees unless the Minister responsible for finance, having regard to the direct or indirect financial implications of the decrease, has agreed to it. (4) A law must not provide for or permit a reduction in the fixed salary or salary scale applicable to any State employee unless– (a) the employee has consented to the reduction; or (b) the reduction is imposed as a result of the employee having been found guilty of misconduct or an offence against discipline. 267 Pensions The provisions of Schedule 5 shall apply in respect of the pension rights of public officers and the remittability of pensions. 268 Commencement of this Constitution, transitional provisions and savings The Fifth Schedule applies to the commencement of this Constitution, the repeal of the former Constitution and the transition to the new constitutional order established by this Constitution. - 94 -

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