15CABroken service

15CA Broken service

15CA Broken service

(1) Where the board is satisfied, on an application in writing made to the board by a contributor on a form approved by the board, that he has ceased, or is to cease, to be employed in the service of an employer (in this section referred to as the first employer) and proposes to enter, within a reasonable time, the service of the same or any other employer (in this section referred to, in either case, as a second employer), the board may approve of the retention in that contributor’s servant’s account, for such period as may be specified in the approval, of the moneys standing to his credit in that account.

(2) An application under subsection (1) may be made by the contributor at any time before he ceases to be employed in the service of the first employer or within 21 days after he so ceases to be employed.

(3) An approval under subsection (1) may be given subject to such terms and conditions relating to the payment by the contributor—

(a) of the contributions that would, had he not ceased to be employed in the service of the first employer, have been payable under this Part in respect of him during the period, or

(b) of the contributions paid in respect of him for the period,

commencing on the date on which he ceased to be employed and ending on the date on which he commences service with a second employer.

(4) The approval under subsection (1) shall cease to be in force if—

(a) the contributor fails to comply with any of the terms and conditions referred to in subsection (3),

(b) the contributor dies, or

(c) the board cancels the approval (which the board is hereby authorised to do).

(5) From the date on which the approval under subsection (1) is given until the approval ceases to be in force or until the contributor enters the service of a second employer, whichever first occurs, no benefits are payable to the contributor under Division 5.

(6) Where the contributor has ceased to be employed in the service of the first employer and the approval under subsection (1) has ceased to be in force without his being employed in the service of a second employer, he shall, for the purposes of Division 5, be deemed to have continued (at the annual rate of salary payable to him immediately before he ceased to be employed) in the service of the first employer and to have left the service of the first employer when the approval ceased to be in force.