NSWIn ForceAct
Superannuation Act 1916
10WBDecrease in unit entitlement on taking leave of absence
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#### 10WB Decrease in unit entitlement on taking leave of absence
10WB Decrease in unit entitlement on taking leave of absence
> > (1) Where, on the commencement, or extension, by a contributor of a period of leave of absence, or on the commencement of a period for which a deduction factor is applied under section 12B (3A), 12BA (1) or 12C (4), the number of units of pension (if any) for which the contributor has completed contributing and the number of units of pension (if any) for which, but for this section, contributions would be payable by the contributor is greater than the number of units of pension that, pursuant to section 12 (1), is appropriate to the salary actually being paid to the contributor, the contributor shall cease to contribute for the number of units of pension equal to the difference.
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> > (2) On the termination of a period of leave of absence by a contributor in respect of which section 12B (1) or (3A) applies before the expiration of the period or of a period in respect of which section 12BA (1) or 12C (4) applies—
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> > > (a) the contributor shall be deemed not to have ceased to contribute for the number of units of pension for which the contributor ceased to contribute under subsection (1) but shall be deemed to have ceased to contribute for the number of units of pension (if any) equal to the difference between—
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> > > > (i) the number of units of pension (if any) for which the contributor has completed contributing and the number of units (if any) for which, but for the application of subsection (1) on the commencement of the period and of this subsection on the termination, contributions would be payable by the contributor, and
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> > > > (ii) the number of units of pension that, pursuant to section 12 (1), is appropriate to the salary actually being paid to the contributor,
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> > > (b) all contributions for units of pension which would have been payable, had the contributor ceased to contribute for the number of units of pension equal to the difference on the commencement of the period, shall be deemed to have been payable by the contributor, and
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> > > (c) any contributions for units of pension which have been refunded or applied in accordance with a direction by the contributor as referred to in subsection (3) and which are payable as referred to in paragraph (b) shall be payable in respect of those units.
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> > (3) Where a contributor ceases to contribute for a unit of pension under this section, the contributor’s contributions to the Fund in respect of the unit shall cease, on and from the first day of the contribution period in which the period concerned commences, and any contributions paid in respect of that unit shall, unless the contributor directs STC to apply them towards contributions payable in respect of other units of pension during the period, be refunded to the contributor.
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> > (4) No person has any rights in the Fund in respect of a unit of pension for which contributions have ceased under this section and have not again become payable.
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> > (5) Where a contributor ceases to contribute for a unit of pension under this section and subsequently the salary of the contributor is increased, this Act applies in relation to the increase as if the contributor had not been formerly entitled to the unit.
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> **s 10WB:** Ins 1985 No 46, Sch 6 (3). Am 1993 No 111, Sch 6 (10); 1996 No 39, Sch 4.