5ALeave without pay

#### 5A Leave without pay 5A Leave without pay > > (1) In this section— > > > > initial period, in relation to a period of leave, means such period commencing with the first day of that leave as is prescribed as the initial period for the purposes of this section. > > > > leave without pay means a period of leave requested by a member of the police force during which the member is not entitled to payment of the member’s salary of office, being a period of leave which commences on or after the day appointed and notified under section 2 (2) of the [Police Regulation (Superannuation) Amendment Act 1984](/view/pdf/asmade/act-1984-73). > > > > special leave without pay means any leave without pay which is— > > > > > (a) sick leave, > > > > > (b) maternity leave or leave in respect of the adoption of a child, > > > > > (c) leave to undertake union duties for the Police Association of New South Wales or the Public Service Association of New South Wales, or > > > > > (d) leave declared by the regulations to be special leave without pay within the meaning of this section. > > > (2) A member of the police force who takes leave without pay (not being special leave without pay) shall, in accordance with directions given by STC, pay to STC for credit to the Fund such amounts as would have been deducted from the salary of office of the member in accordance with section 5 if the member had continued to receive salary of office during the initial period of any such single period of leave at the rate payable to the member immediately before that initial period. > > > (3) A member of the police force who takes special leave without pay must, in accordance with directions given by STC, pay to STC for credit to the Fund the amounts that would have been deducted from the salary of office of the member in accordance with section 5 if the member had continued, while on leave, to receive salary of office at the rate payable to the member immediately before the commencement of the period of leave. > > > (3A) However, a contributor who takes a single period of special leave without pay that is sick leave, maternity leave or leave in respect of the adoption of a child is not liable to make payments to STC in respect of any part of the period of special leave occurring more than 2 years after the period of special leave commences. > > > (3B) If a member of the police force takes part-time leave without pay (not being special leave without pay) and receives a salary of office for part-time service during the period of leave, subsection (2) does not apply and deductions from the member’s salary of office under section 5 are to be made on the basis that— > > > > > (a) the member is a full-time member of the police force during the initial period, and > > > > > (b) the member is a part-time member of the police force during any period of part-time leave without pay extending after the initial period. > > > (3C) The initial period is, in respect of any member of the police force who takes part-time leave without pay (not being special leave without pay), to be treated under this Act as a period of full-time service. > > > (3D) If a member of the police force takes part-time leave without pay that is special leave and receives a salary of office for part-time service during the period of leave, subsections (3) and (3A) do not apply and deductions from the member’s salary of office under section 5 are to continue to be made for any period of part-time service that occurs during the period of special leave. > > > (4) Any part of a single period of leave without pay taken by a member of the police force for which amounts are not payable under subsection (2) or (3A) is not a period of service for the purposes of this Act. > > > (5) If a member of the police force fails to make any payment required by this section— > > > > > (a) the amount unpaid shall be deducted from— > > > > > > > (i) the member’s salary of office, or > > > > > > > (ii) any gratuity or allowance payable to the member under this Act, > > > > > > in such instalments and at such times as STC may determine, and > > > > > (b) the period of leave to which the payment relates is not, while it remains unpaid, a period of service for the purposes of this Act. > > > (6) Any amount paid by a member of the police force pursuant to this section shall, for the purposes of this or any other Act, be deemed to have been deducted from the member’s salary of office. > > **s 5A:** Ins 1984 No 73, Sch 1 (9). Am 1993 No 111, Sch 2 (3); 1996 No 39, Sch 4; 1998 No 72, Sch 1.2 \[4\].