Transport Superannuation Act 1988
37Intermittent service
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37 Intermittent service
S. 37(1) substituted by No. 81/1988 s. 38(a), amended by Nos 4/1996 s. 132, 94/2005 s. 55, 37/2007 s. 52.
(1) If a 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 132 of the Superannuation Acts (Amendment) Act 1996 and thereafter during an actuarial investigation under section 22 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S. 37(1A) inserted by No. 49/1992 s. 102, repealed by No. 4/1996 s. 126(d).
(2) If a contribution is made under subsection (1)—
S. 37(2)(a) amended by No. 81/1988 s. 38(b).
(a) the period of unpaid leave is to be
treated as service for the purposes of section 35(1)(b)(ii); and
(b) the 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. 37(3) amended by No. 81/1988 s. 38(c).
(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. 37(5) amended by No. 110/1993 s. 129(2)(a).
(5) If a member resigns and subsequently recommences service and contributes to the Fund for 3 years his or her 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.