5. Certain public servants' right to give notice.
(1) A public servant (other than a serving member of the Permanent Defence Force) who on 1 March 2009 had less than two years in service and was accruing benefits in a public service pension scheme but did not have any preserved rights to a pension under that scheme may give, at any time before 1 April 2009, one month's written notice to terminate his or her employment, office or position as a public servant.
(2) A written notice in accordance with subsection (1) has effect without that person being required to comply with any contractual or statutory requirement to give any longer period of notice before ceasing to be a public servant.
(3) Where a person to whom subsection (1) relates terminates his or her employment, office or position as a public servant after 1 March 2009 in accordance with that subsection, and at the time of termination has less than two years in service, then, notwithstanding any other provision of this Act, any deduction made pursuant to section 2 from the remuneration of that person as a public servant shall be repaid to him or her.