13Decreases in salary

13 Decreases in salary

13.1 If, on the University pay day last preceding an anniversary of a member's birth (in this subsection referred to as the relevant day), the member's annual rate of salary is less than the highest annual rate of salary that was payable (or is taken by a previous application of this subsection (including a previous application of subsection 11A (1) of the previous statute), or by subsection 13.3, to have been payable) to the member on any day during the period commencing on the University pay day last preceding the anniversary of his or her birth last preceding the relevant day and ending on the day immediately preceding the relevant day, the member's annual rate of salary on the relevant day is, unless he or she has made or makes an election under subsection 13.2 by virtue of a decrease in his or her annual rate of salary that occurred during that period, to be treated, for the purposes of section 12, and any subsequent application of this subsection, as being that highest rate.

13.2 If the annual rate of salary payable to a member decreases, the member may, not later than 3 months after the anniversary of his or her birth next following the date of the decrease, elect, by notice in writing to the Council, that subsection 13.1 is not to apply in relation to his or her annual salary on the University pay day last preceding that anniversary.

13.3 If:

 (a) a member makes an election under subsection 13.2 by virtue of a decrease in his or her annual rate of salary; and

 (b) the annual rate of his or her salary on the University pay day last preceding the anniversary of his or her birth next following the date of the decrease is less than the highest annual rate of salary that was payable to the member on any day during the period commencing on the date of the decrease and ending on that University pay day,

the annual rate of his or her salary on that University pay day is, for the purposes of section 12 and subsection 13.1, to be regarded as being that highest rate.

13.4 If:

 (a) a member makes an election under subsection 13.2 by reason of a decrease in his or her annual rate of salary; and

 (b) the annual rate of salary payable to the member immediately after the decrease is less than the rate of salary that was payable (or is taken by subsection 13.1 or 13.3 to have been payable) to the member on the University pay day last preceding the anniversary of his or her birth last preceding the date of the decrease; and

 (c) the election is made before the University pay day last preceding the anniversary of his or her birth next following the date of the decrease,

the annual rate of his or her salary on the University pay day last preceding the anniversary of his or her birth last preceding the date of the decrease is, for the purpose of calculating the amount of the contributions payable under subsections 12.1 and 12.2 in respect of the period commencing on the date of the election and ending on the University pay day last preceding the anniversary of his or her birth next following that date, to be regarded as being the annual rate of his or her salary immediately after the decrease.