16Exemption from contributing for certain permanent employees

16 Exemption from contributing for certain permanent employees

(1)  If a permanent employee –

(a) is exempt from contributing to the Fund under these regulations; or

(b) was previously exempt from contributing under the former superannuation legislation –

that employee is not obliged to contribute to the Fund unless, by notice in writing, the employee elects to contribute to the Fund on and from a date determined by the Commission having regard to the wishes of the employee.

(2)  A reference in subregulation (1) to a permanent employee is taken to include a reference to a married female employee who –

(a) has been continuously employed since 1 July 1982; and

(b) is not contributing to the Fund.

(3)  If the date which the Commission determines under subregulation (1) in relation to an employee is before the date of the employee's election under that subregulation, the Commission may require the employee or employing Agency, as is appropriate, to pay, within a period fixed by the Commission, the amount of any contributions that would have been payable from the date determined by the Commission, together with any interest that the Commission determines to be payable on that amount.

(4)  The amount referred to in subregulation (3) may not be paid as salary sacrifice contributions.

(5)  On and from the date determined by the Commission under subregulation (1) in relation to an employee, the employee is taken to be a permanent employee within the meaning of this Part.