59Intermittent service

59 Intermittent service S. 59(1) substituted by No. 81/1988 s. 30(g)(i), amended by Nos 4/1996 s. 112(1), 94/2005 s. 46(1), 37/2007 s. 35. (1) If a new scheme member takes a period of unpaid leave of absence of 4 weeks or more he or she may elect to make contributions in respect of that leave at a rate of 1⋅5 per cent (or such other percentage as is first determined by an actuary after the commencement of section 112(1) of the **Superannuation Acts (Amendment) Act 1996** and thereafter during an actuarial investigation under section 23 and which is specified in the actuary's report and after the commencement of the **Superannuation Legislation (Governance Reform) Act 2005**, during an actuarial investigation under section 19 of the **Emergency Services Superannuation Act 1986** and which is specified in the actuary's report) of salary immediately before the commencement of the leave for the period of the leave. S. 59(1A) inserted by No. 81/1988 s. 30(g)(i). (1A) The election is of no effect unless— (a) it is made in writing; and (b) it is made not later than 1 month from the date on which the leave commences; and S. 59(1A)(c) amended by Nos 49/1992 s. 18, 4/1996 s. 112(2)(a). (c) unless subsection (1B) applies, it is accompanied by a sum equivalent to the total of all contributions payable throughout the period of the leave in accordance with the election. S. 59(1A)(d) inserted by No. 49/1992 s. 18, repealed by No. 4/1996 s. 112(2)(b). S. 59(1B) inserted by No. 81/1988 s. 30(g)(i). (1B) The Board may, on the application of that person permit the contributions payable in accordance with the election to be paid by him or her during his or her absence in smaller sums and at periods as the Board determines. S. 59(1C) inserted by No. 81/1988 s. 30(g)(i). (1C) The election takes effect on the date on which the leave commences. S. 59(1D) inserted by No. 81/1988 s. 30(g)(i). (1D) A new scheme member who is absent on leave without pay, otherwise than on the grounds of ill‑health, and who does not before the expiration of 1 month from the date on which the leave commences make an election is for the purposes of this Act to be regarded as having made an election not to make any contributions. (2) If a contribution is made under subsection (1)— (a) the period of unpaid leave is to be treated as service for the purposes of section 58(1); and (b) the new scheme member is entitled to death and disability benefits in the event of death or disability before his or her return from leave as if he or she had returned from leave on the day that the death or disability occurs. S. 59(3) amended by No. 81/1988 s. 30(g)(ii). (3) A contribution is not required if the period of unpaid leave is not more than 4 weeks. (4) If a contribution is not made only the service before and the service after the period of unpaid leave is to be counted in relation to any benefit entitlement upon return from leave. S. 59(5) amended by Nos 110/1993 s. 71(1), 94/2005 s. 46(2). (5) If a new scheme member resigns and subsequently resumes service and contributes to the State Superannuation Fund and the Fund for 3 years his or her previous accrued retirement benefit less the multiple of final average salary paid as a cash resignation benefit is to be included in his or her subsequent benefit entitlement. Pt 7A (Heading and ss 59AA–59AG) inserted by No. 70/2003 s. 24.