21AProvision as to continuity of membership

21A Provision as to continuity of membership

S. 21A(1) amended by No. 10258 s. 10(l)(i).

(1) Where a member ceases to be a permanent employee but within six months thereafter becomes an employee, he shall, subject to subsection (3), be deemed to have again become a permanent employee on the date on which he is employed by the employer, and for the purpose of calculating benefits under this Act he shall be deemed to have commenced his service on that date.

S. 21A(2) amended by No. 58/1987 s. 11(1)(d)(ii).

(2) Notwithstanding anything in subsection (1), a permanent employee who is an employee within the meaning of one of the following provisions of this Act, namely—

(a) paragraph (b) of the interpretation of Employee in section 2;

(b) subparagraph (i) of paragraph (c) of the interpretation of Employee in section 2—

S. 21A(2)(c) repealed by No. 58/1987 s. 11(1)(d)(i).

and becomes an employee within the meaning of any other provision of this Act mentioned in paragraph (a) or (b) shall not cease to be a permanent employee by reason only of the change in the terms of his employment.

S. 21A(3) amended by No. 10258 s. 10(l)(ii).

(3) Where a member ceases to be a permanent employee but within six months thereafter becomes an employee and makes an election in accordance with this section, he shall be deemed to have continued to be a member while he was not a permanent employee, but shall not be liable to pay the contributions under this Act in respect of the period when he was not a permanent employee unless he has elected to contribute in accordance with section 22, and for the purpose of calculating benefits under this Act his service shall be deemed not to have terminated.

(4) A person who has ceased to be a permanent employee but who within six months thereafter is employed by an employer may within two months elect in writing to have the provisions of subsection (3) apply to him.

S. 21A(5) amended by No. 9978 s. 7(4).

(5) An election made under subsection (4) shall be of no effect unless any benefits paid under section 34A or section 37 in consequence of the cessation of employment of that person as a permanent employee have been repaid to the Board.

(6) Where a person makes an election in accordance with this section, and would but for the election have been entitled to benefits under section 38, he shall be deemed never to have so been entitled.

S. 21B inserted by No. 9478 s. 4.