17Resumption of contributions after break in employment

17 Resumption of contributions after break in employment

17 Resumption of contributions after break in employment

(1) This section applies to a contributor where—

(a) the employment of the contributor with an employer—

(i) ceases in circumstances entitling the contributor to be paid a benefit under section 29 (benefit on partial and permanent disablement before early retirement age), or

(ii) ceases in circumstances entitling the contributor to be paid a benefit under section 30 (benefit on resignation, dismissal or discharge before early retirement age) or section 31 (benefit on retrenchment before early retirement age) but the contributor does not elect to make provision for a preserved benefit,

(b) not later than the expiration of the period of 3 months that next succeeds cessation of the employment, the contributor resumes employment as an employee,

(c) the contributor makes an election under section 11 that takes effect as provided by that section, and

(d) if the contributor has been paid a benefit as a consequence of the cessation of employment—the amount of the benefit has been repaid to the Fund with interest as provided by subsection (2).

(2) Interest referred to in subsection (1) (d) is payable at a rate determined by the Board on so much of the benefit so referred to as was not represented by the contributor-financed benefit and is so payable from the time of the payment of the benefit to the contributor to the time of its repayment to the Fund.

(3) A contributor to whom this section applies shall be deemed, on the resumption of employment referred to in subsection (1), to have been on leave without pay.

s 17: Am 1985 No 178, Sch 1 (4).