68Transfer to Standby Reserve during redundancy

68 Transfer to Standby Reserve during redundancy

(1) A Chief may: (a) declare that a member serving in the Permanent Forces cannot be usefully employed in the Permanent Force of the Chief’s Service because of redundancy in that Service; and (b) transfer the member to the Standby Reserve. (2) Subregulation (1) does not apply in relation to a member unless: (a) redundancy in the Service is the subject of a document that: (i) is issued by or with the authority of the Chief; and (ii) identifies transfer to the Standby Reserve as a way in which redundancy is to be carried out; and (b) the member: (i) is given at least 12 months notice that it is intended to transfer the member to the Standby Reserve because of that redundancy; or (ii) has consented to redundancy at a time agreed with the Chief; and (c) redundancy is effected substantially in accordance with the document. (3) If the member is transferred to the Standby Reserve in accordance with the document mentioned in paragraph (2)(a): (a) the member’s period of service in the Standby Reserve ends at the earliest of the following events: (i) when the member reaches his or her compulsory retirement age for service in the Standby Reserve; (ii) if the member is allowed to resign from the Defence Force—when the resignation is accepted; (iii) if the member’s service in the Defence Force is terminated—when the service is terminated; and (b) for a member who has completed 5 years service in the Standby Reserve—the Chief of the member’s Service must accept an application from the member to resign from the Standby Reserve unless the application: (i) is made in time of war or in time of defence emergency; or (ii) would be granted at a time at which the member has been called out for continuous full‑time service; and (c) the transfer is taken to be a retirement from the Defence Force, with effect from the transfer, for all purposes relating to the payment of benefits; and (d) the transfer is not taken to be a retirement from the Defence Force for any other purpose.