94Reduction in salary of certain contributors

94 Reduction in salary of certain contributors

(1)  If there is a reduction in the salary of a contributor who is not excluded from the application of this regulation under subregulation (2) , he or she may, in accordance with this regulation, continue to pay the same contributions to the Fund in respect of the relevant period as he or she was paying immediately before the reduction in salary took effect.

(2)  This regulation does not apply to –

(a) a contributor whose salary is reduced by reason –

(i) of his or her participation in an accumulated leave scheme; or

(ii) of becoming a part-time employee, whether permanent, fixed-term or temporary; or

(iii) that, as a part-time employee, whether permanent, fixed-term or temporary, his or her designated hours of employment have been reduced by his or her Agency; or

(b) a member of a board who, under section 31 of the Act, has no entitlement to contribute to the contributory scheme in respect of his or her membership of that board; or

(c) a member of the contributory scheme to whom section 32 of the Act applies.

(3)  A contributor to whom this regulation applies may, not later than one year after the reduction in his or her salary, apply in writing to the Commission for the Commission's approval to pay contributions in accordance with this regulation.

(4)  The Commission may approve an application under subregulation (3) by a contributor if satisfied that it is just and equitable to do so, having regard to the duration of the period when the contributor's salary was higher than his or her salary at the time when the application was made and, if the Commission so approves, the Commission must accordingly determine –

(a) an amount to be regarded as the contributor's salary for the purposes of this regulation; and

(b) the rate at which contributions should be paid; and

(c) any arrears of contributions and interest required to be paid by the contributor.