(1) For the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973 , an employee of a CFM body:
(a) to whom, immediately before the body's sale day, deferred benefits were applicable under section 78 of that Act; and
(b) who continues to be employed by the CFM body or a related body after that day;
is taken to continue in public employment, on or after that day, while he or she continues to be so employed.
(2) Subsection ( 1) is subject to Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973 .