3BRates of salary

#### 3B Rates of salary (1) For the purposes of this Act, the rate of salary of a remainder employee for a pay period of the employee is taken to be: (a) where the employee worked on a full‑time basis for the whole of his or her first pay period after whichever is the later of the commencement of his or her employment by his or her current designated employer or the last anniversary of the employee’s birth—the employee’s rate of salary for that first pay period; or (b) in any other case—what would have been the employee’s rate of salary for that first pay period if he or she had worked on a full‑time basis for the whole of it at the same hourly or other rate as that at which he or she was paid. (1A) In working out under subsection (1) the rate of salary of a remainder employee for a pay period, any ongoing compensation payments received by the employee in respect of his or her employment as such an employee during the first pay period mentioned in that subsection are taken to be salary paid to the employee. (2) Where a remainder employee is re‑employed by a designated employer: (a) later than 12 months after the employee last ceased to be employed by the employer; or (b) for the performance of duties that are not the same as, nor similar to, the duties he or she performed when last employed by the employer; then, for the purposes of subsection (1) in relation to a pay period after the re‑employment, the employee is taken to have commenced employment with the employer when he or she commenced re‑employment.