New South Wales Consolidated Acts

SUPERANNUATION ACT 1916 - SECT 19

19 Employees on leave of absence

(1) In respect of any contributor who is on leave of absence, whether without pay or not, the contributor’s contributions shall be paid during such leave of absence as for a period of service and shall become due on or before the last day of each month or four-weekly contribution period.

(2) For the purposes of this Act, where a contributor is on leave without pay from the service of the contributor’s employer and is on secondment to the service of another employer, the contributor’s salary shall, notwithstanding subsection (1), be that paid or payable by that other employer.

(3) For the purposes of this Act, where a contributor is on approved leave from the service of the contributor’s employer and is not on secondment to the service of another employer and is not a contributor to and in respect of whom subsection (7) is declared pursuant to subsection (6) to apply, and STC is of the opinion that the contributor’s salary would have been varied had the contributor not been on that leave, the contributor shall, unless STC otherwise determines, be deemed to have been paid by the contributor’s employer salary at the rates to which and at the times at which it would have been varied.

(4) For the purposes of subsection (3), a person is on approved leave if the person is on leave without pay from the service of the person’s employer:

(a) by reason of:

(i) the person’s ill health,

(ii) the person’s secondment to the service of a public authority constituted by or under an Act,

(iii) the person’s secondment to the service of the Government of the Commonwealth or another State or to the service of a public authority constituted by or under an Act of the Parliament of the Commonwealth or another State, or

(iv) the person’s service with the naval, military or air forces of the Commonwealth, or

(b) in circumstances approved by STC under subsection (5).

(5) For the purposes of subsection (4) (b), STC may, if it thinks fit, approve of circumstances in which a person is on leave without pay from the service of the person’s employer, if that employer certifies to STC that that person is, during the period of leave, acting in the interests of the employer or the State.

(6) The Governor may, by instrument in writing, declare, either unconditionally or subject to conditions, that subsection (7) or (8) applies, or both apply:

(a) to and in respect of a contributor specified in the instrument who is on leave of absence from the service of the contributor’s employer and is on secondment but not to the service of another employer, and

(b) generally during the period of that secondment or during such period as is specified in the instrument, being, in either case, a period commencing before or after the commencement of this subsection or the date of the declaration.

(7) During the period in which this subsection is declared pursuant to subsection (6) to apply to and in respect of a contributor who is on secondment, the contributor’s salary shall, for the purposes of this Act, be that paid or payable in respect of the service to which the contributor is seconded.

(8) During the period in which this subsection is declared pursuant to subsection (6) to apply to and in respect of a contributor who is on secondment, the employer specified in the declaration as the employer for the purposes of this Act shall, for the purposes of this Act, be deemed to be the employer from whose service the contributor is on leave of absence.