97Broken service

97 Broken service

(1)  If the service of a contributor is broken for a period not exceeding –

(a) 6 weeks as the result of the resignation of that person from employment in an Agency; or

(b) 3 months as the result of the resignation of that person from employment in an Agency on becoming a candidate for election as a member of a House of Parliament; or

(c) 3 months for any other reason –

and that person requests in writing to the Commission within 3 months after again becoming a permanent employee or being employed under a prescribed contract of employment, the Commission may determine that the break does not affect the continuity of that person’s service.

(2)  If subregulation (1) applies in relation to a break of service and, as a result of the break in service, the person's contributory scheme benefit has been transferred to –

(a) a superannuation fund elected by the person; or

(b) an eligible rollover fund selected by the Commission –

the Commission may, subject to subregulation (3) , reinstate the person's membership of the contributory scheme as if the transfer had not occurred and adjust the person's entitlement accordingly.

(3)  The Commission may not reinstate a person's membership of the contributory scheme under subregulation (2) unless –

(a) the transfer of the benefit to the contributory scheme under that subregulation is arranged by the person; and

(b) the Commission is satisfied that the amount of the benefit transferred, or proposed to be transferred, to the contributory scheme under that subregulation fairly corresponds to the benefit transferred to the fund referred to in subregulation (2)(a) or (b) .

(4)  If the Commission determines, under subregulation (1) , that the break does not affect the continuity of that person's service, that person may purchase the period of service which, but for subregulation (1) , would have constituted a break in his or her service, as if it were leave without pay under or .