AustLII Tasmanian Numbered Regulations

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RETIREMENT BENEFITS REGULATIONS 2005 (S.R. 2005, NO. 77) - REG 115

Reduction in salary of certain contributors

(1)  If there is a reduction in the salary of a contributor who is not excluded from the application of this regulation under subregulation (2) , he or she may, in accordance with this regulation, continue to pay the same contributions to the Fund in respect of the relevant period as he or she was paying immediately before the reduction in salary took effect.
(2)  This regulation does not apply to –
(a) an amalgamated contributor; or
(b) a contributor whose salary is reduced by reason –
(i) of his or her participation in an accumulated leave scheme; or
(ii) of becoming a part-time employee, whether permanent, fixed-term or temporary; or
(iii) that, as a part-time employee, whether permanent, fixed-term or temporary, his or her designated hours of employment have been reduced by his or her Agency; or
(c) a member of a board who, under section 29B of the Act, has no entitlement to contribute to the contributory scheme in respect of his or her membership of that board; or
(d) a member of the contributory scheme to whom section 29C of the Act applies.
(3)  A contributor to whom this regulation applies may, not later than one year after the reduction in his or her salary, apply in writing to the Board for its approval to pay contributions in accordance with this regulation.
(4)  The Board may approve the application if satisfied that it is just and equitable to do so, having regard to the duration of the period when the contributor's salary was higher than his or her salary at the time when the application was made and, if the Board so approves, the Board must accordingly determine –
(a) an amount to be regarded as the contributor's salary for the purposes of this regulation; and
(b) the rate at which contributions should be paid; and
(c) any arrears of contributions and interest required to be paid by the contributor.
(5)  For the purposes of subregulation (4)(a) , the amount determined by the Board must not exceed the contributor's salary payable immediately before the reduction took effect.
(6)  Where an approval is given under subregulation (4) and the contributor has paid –
(a) contributions in accordance with the Board's determination; and
(b) any arrears of contributions and interest as determined by the Board –
his or her entitlement to a pension or lump sum benefit is to be calculated as if his or her salary had remained as determined by the Board during the relevant period.



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