88Other restrictions on redundancy payments

1. A public service employee who has received a notice of termination by reason of redundancy is not entitled to a redundancy payment if, before the employee’s employment has ended, the employee—

2. is offered and accepts another position as an employee in the State services (either in the employee’s current department or interdepartmental venture or elsewhere in the State services) that—
   1. begins before, on, or immediately after the date on which the employee’s current position ends; and
   2. is on terms and conditions of employment (including redundancy and superannuation conditions) that are no less favourable; and
   3. is on terms that treat service within the State services as if it were continuous service; or
3. is offered an alternative position as an employee in the State services (either in the employee’s current department or interdepartmental venture or elsewhere in the State services) that—
   1. begins before, on, or immediately after the date on which the employee’s current position ends; and
   2. is a position with comparable duties and responsibilities to those of the employee’s current position; and
   3. is in substantially the same general locality or a locality within reasonable commuting distance; and
   4. is on terms and conditions of employment (including redundancy and superannuation conditions) that are no less favourable; and
   5. is on terms that treat service within the State services as if it were continuous service.

4. Section 91 applies to an employee who (being an employee to whom subsection (1)(a) applies) is moving from a position as an employee in a department or an interdepartmental venture to a position as an employee in another department or interdepartmental venture.

5. This section overrides Part 6A of the Employment Relations Act 2000.