State Employees Retirement Benefits Act 1979
20Part-time and intermittent service
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20 Part-time and intermittent service
S. 20(1) amended by Nos 9978 s. 4(1), 10258 s. 10(j)(i).
(1) Subject to this section and section 21, this Act shall apply to and include a permanent employee who is employed on a basis which requires him to render—
S. 20(1)(a) inserted by No. 9978 s. 4(1).
(a) part-time service of at least fifteen hours in each week; or
S. 20(1)(b) inserted by No. 9978 s. 4(1).
(b) intermittent service of an average of at least fifteen hours in each week—
and who during the qualifying period of service for that person becoming a permanent employee rendered—
S. 20(1)(c) inserted by No. 10258 s. 10(j)(i).
(c) in the case of a qualifying period of one year or more, an average service of at least 780 hours in each year; and
S. 20(1)(d) inserted by No. 10258 s. 10(j)(i).
(d) in the case of a qualifying period of less than one year, service of at least the number of hours that bears to 780 the same proportion as the length of the qualifying period bears to one year[4].
(2) Any such employee shall be liable to pay contributions under this Part at a rate that bears the same proportion to the rate at which an ordinary employee rendering comparable service would be required to make contributions as in the opinion of the Board the aggregate service that would be rendered by him in any year on the basis on which he is employed bears to the service that would be rendered in any year by an ordinary employee.
(3) For the purpose of calculating benefits under this Act—
(a) the salary payable to any such member at any time shall be deemed to be the salary which would be payable at that time to an ordinary employee rendering comparable service; and
(b) any period of contributory service or prospective contributory service of any such member during which he is not an ordinary employee shall be reduced proportionally according to the basis on which he is employed;
S. 20(3)(c) amended by No. 10258 s. 10(j)(ii) (A)(B).
(c) prospective contributory service shall be calculated on the basis of the service of such member during the 3 years' service preceding the termination of his service or during that member's total service if that member's total service was less than 3 years.
(4) In this section ordinary employee means a permanent employee who is employed on a full-time basis throughout a year.
S. 20(5) inserted by No. 9400 s. 5, amended by No. 9978 s. 4(2).
(5) A member who renders part-time or intermittent service shall not cease to be a member by reason only of his part-time or intermittent service being less than 15 hours in each week.