20MOptional contributions during leave of absence

20M Optional contributions during leave of absence S. 20M(1) amended by No. 40/2010 s. 8. (1) If an employer approves in advance leave of absence without pay for reasons other than illness or injury certified by a registered medical practitioner or parental leave for a period of up to 12 months for each confinement or employment by another employer who agrees to maintain contributions as required by section 20Q for more than 4 weeks, the contributor— S. 20M(1)(a) amended by Nos 37/2007 s. 7, 65/2008 s. 11(1). (a) subject to subsection (2), may elect to pay contributions for the period of the leave at a rate of 2% (or such other percentage as is first determined by an actuary after the commencement of section 10 of the **Superannuation Acts (Further Amendment) Act 1996** and thereafter during an actuarial investigation under section 19(7) and which is specified in the actuary's report), of the salary of the contributor immediately before the commencement of leave; and (b) upon payment of such contributions is to be treated in the event of death or the commencement to suffer disability before return from leave to have resumed duties on the day of such death or the commencement to suffer disability. S. 20M(2) inserted by No. 65/2008 s. 11(2). (2) For the purposes of subsection (1), the Board may determine that a class or category of contributor may apply in a form approved by the Board to pay contributions under subsection (1)(a) for a specified period which is, or specified periods which are, less than the period of the leave. S. 20M(3) inserted by No. 65/2008 s. 11(2). (3) The Board may approve an application under subsection (2) subject to any terms and conditions which the Board considers appropriate. S. 20MA inserted by No. 36/2019 s. 9. 20MA Notional contribution rate during leave of absence (1) A contributor who is on leave in accordance with section 20B(3)(b) or (ba), may apply to the Board in a form approved by the Board to choose a notional contribution rate for the purposes of section 20C for the period of the leave of absence. (2) The Board may determine whether the amount of the contributions unpaid during the period of leave and interest on that amount is to be recovered— (a) by the contributor making higher member contributions at a rate and for a period determined by the Board; or (b) by the Board reducing the accrued benefit of the contributor by an amount determined by an actuary appointed by the Board. S. 20N inserted by No. 82/1996 s. 10, substituted by No. 61/2013 s. 9. 20N Nominated personal representatives (1) A contributor may nominate any natural person as a nominated personal representative for the purposes of this Part. (2) The nomination must be made in a manner determined by the Board. (3) A contributor's— (a) natural and adoptive parents; and (b) siblings (whether or not they are related by blood to the contributor)— are deemed to be a contributor's nominated personal representatives for the purposes of this Part. (4) A nomination made under this section as in force before the commencement of section 9 of the **Superannuation Legislation Amendment Act 2013** continues to have effect as if it were made under this section as in force after that commencement. S. 20NA inserted by No. 40/2010 s. 9. 20NA Registration of names of dependants (1) A contributor may register the names of persons whom he or she considers to be his or her dependants (other than a partner or child) with the Board for the purposes of this Part. (2) A person who has not been registered under subsection (1) may lodge a claim in a form approved by the Board as a dependant of a deceased contributor or former contributor. S. 20O inserted by No. 82/1996 s. 10. 20O Death benefit when no dependants S. 20O(1) amended by Nos 27/2001 s. 5(Sch. 3 item 2.3), 61/2013 s. 10(1). (1) Notwithstanding anything in this Part, other than section 20E(7A), if following the death of a contributor or former contributor the Board is unable to locate a partner, child or any other dependant or nominee of the contributor or former contributor, the Board must pay to the executor or administrator of the estate of the contributor or former contributor the amount by which the adjusted total contributions of the contributor or former contributor exceed the total benefits paid to or in respect of the contributor or former contributor. S. 20O(2) amended by No. 61/2013 s. 10(2). (2) The Board may assume there are no dependants or nominees who are deemed to be nominated personal representatives under section 20N(3) if no persons have lodged claims with the Board within 12 months of the death of the contributor. S. 20P inserted by No. 82/1996 s. 10, amended by No. 40/2010 s. 10 (ILA s. 39B(1)). 20P Payment of benefits in case of multiple claimants S. 20P(1) amended by No. 61/2013 s. 11. (1) Subject to section 20E(7A), if— (a) a contributor or former contributor dies; and (b) the Board is required to pay an amount to dependants or nominees; and (c) there is more than one dependant or nominee— the Board may determine in accordance with this section what proportion (if any) of the amount each dependant or nominee is to receive. S. 20P(2) inserted by No. 40/2010 s. 10(2). (2) Before apportioning benefits under this Part, the Board must consider whether any registered person or claimant under section 20NA was a dependant of the deceased contributor or former contributor. S. 20P(3) inserted by No. 40/2010 s. 10(2). (3) The Board must provide a reasonable opportunity for any registered person or claimant to make written submissions in a form approved by the Board as to the degree of his or her dependency. S. 20P(4) inserted by No. 40/2010 s. 10(2). (4) In making a determination under this section the Board must consider— (a) the degree of financial dependency of that person on the contributor or former contributor at the date of death; and (b) any other factor that the Board considers relevant. S. 20P(5) inserted by No. 40/2010 s. 10(2). (5) Nothing in this section limits the Board's discretion to determine what proportions (if any) of the deceased contributor's or former contributor's benefits each dependant is to receive. S. 20PA inserted by No. 43/2008 s. 8. 20PA Entitlements in respect of returning members who are operational staff members (1) If the circumstances specified in section 20E, 20F, 20G, 20H or 20O apply— (a) a returning member who is an operational staff member; or (b) in the event of the death of a returning member who is an operational staff member, a dependant or nominee of the returning member— is entitled to a benefit under the relevant section calculated and payable in accordance with this Part as if the returning member who is an operational staff member were a contributor. (2) For the purposes of this section— (a) ***membership*** means the period of service under the fixed term agreement; and (b) the accrual rate specified in section 20C(1)(a) is to be taken to apply for each year of the fixed term agreement. S. 20Q inserted by No. 82/1996 s. 10.