Republic of Namibia 10 Annotated Statutes Posts and Telecommunications Companies Establishment Act 17 of 1992 CHAPTER II STAFF MATTERS Transfer to successor company 6. (1) Any officer or employee of the department performing functions pertaining to the postal service or the telecommunications service, and who elects to become an employee of a successor company, shall, if he or she notifies the department in writing of his or her election prior to the transfer date, notwithstanding the provisions of the Public Service Act, 1980 (Act 2 of 1980), and without interrupting his or her service, from the transfer date become an employee in a similar post in the postal company, the telecommunications company or the holding company, as the case may be, subject to conditions of employment which shall not be less favourable than those applicable to him or her on the date immediately preceding the transfer date. [The Public Service Act 2 of 1980 has been replaced by the Public Service Act 13 of 1995. See the notes concerning the definitions of “employee” and “officer” in section 1 of this Act.] (2) If, for the purposes of subsection (1), the question arises whether a person performs functions pertaining to the postal service or to the telecommunications service, such question shall be decided by the Postmaster-General whose decision shall be final. (3) For the purposes of the provisions of the Income Tax Act, 1981 (Act 24 of 1981), it shall be deemed that no change of employer took place when employment is taken up at a successor company by officers and employees of the department in terms of subsection (1). (4) When an officer or employee of the department becomes an employee of a successor company in terms of subsection (1)(a) he or she shall retain all vacation and sick leave which on the date immediately preceding his or her employment by the successor company stands to his or her credit with the department, including all monetary benefits attached thereto; (b) any disciplinary steps instituted or contemplated against such officer or employee in respect of alleged misconduct or improper conduct committed prior to his or her employment by the successor company, shall be disposed of or instituted in terms of the laws applicable to him or her before such employment; (c) he or she shall continue to be a member of the Government Institutions Pension Fund referred to in section 2(b) of the Pension Matters of Government Institutions Proclamation, 1989 (Proclamation AG. 56 of 1989) by virtue of his or her employment by the successor company. (5) Each successor company shall for the purposes of the Rules of the Government Institutions Pension Fund referred to in subsection (4)(c), with effect from the transfer date, be deemed to be a statutory institution which has been admitted to membership of that Fund by the Board of Trustees of the said Fund. CHAPTER III MISCELLANEOUS Security for payment of deposits in Savings Bank