170Obligations of members to contribute

170 Obligations of members to contribute

(1)  A member who is an employee must contribute at the rate of 5% of the member’s salary until the earlier of the following:

(a) the normal retirement date;

(b) the day on which the member ceases to be an employee.

(2)  Despite subregulation (1)  –

(a) no contribution is payable by a member while he or she suffers a temporary incapacity and is in receipt of a benefit under regulation 183 ; and

(b) the contributions that would otherwise be payable by the member but for this subregulation are, for the purposes of these regulations, taken to have been paid by the member.

(3)  A member who is an employee, the Commission and the State Fire Commission may agree that instead of deducting the member’s contributions from the member’s salary, an amount equal to those contributions, after allowing for contributions tax, and any other tax agreed between the member and the State Fire Commission, is to be paid to the Commission by the State Fire Commission in respect of the member in lieu of salary.

(4)  Any –

(a) deductions from a member’s salary by the State Fire Commission that are paid to the Commission and do not comply with subregulation (1) or (2) or with the member’s instructions; and

(b) amounts paid to the Commission in lieu of salary that do not comply with subregulation (3) or with the member’s instructions –

are taken not to be contributions under these regulations and are to be repaid to the member.

(5)  Unless otherwise agreed under subregulation (3) , the State Fire Commission must automatically deduct from a member’s salary the member’s regular contributions.