New South Wales Consolidated Acts

STATE AUTHORITIES SUPERANNUATION ACT 1987 - SECT 29

29 Contributions during leave without pay and other matters

(1) In this section:
"leave without pay" means a period of leave from employment with an employer (otherwise than on secondment as referred to in section 4) during which the contributor is not entitled to receive payment of salary from the employer.
"prescribed leave" means leave without pay during which the contributor on leave is absent from employment with an employer:

(a) pursuant to a grant of sick leave,

(b) for a period during which the contributor receives periodic payments under an Act relating to workers’ compensation,

(c) pursuant to a grant of maternity leave,

(d) pursuant to an agreement with the employer for the secondment of the contributor to employment that is not employment with an employer,

(e) to enable the contributor to perform union duties unless, in a particular case, the employer certifies that this paragraph is not to apply,

(f) to enable the contributor to perform duties that the employer certifies to be in the interests of the employer or the State,

(g) on service with the naval, military or air forces of the Commonwealth, or

(h) in circumstances approved by STC for the purposes of this section.

(2) A contributor who takes leave without pay that is prescribed leave is liable to make contributions to the Fund under this Part in respect of the contribution periods occurring wholly or partly while on prescribed leave.

(2A) However, a contributor who takes a single period of prescribed leave that is sick leave or maternity leave is not liable to make contributions to the Fund under this Part in respect of any contribution periods during the period of leave occurring wholly or partly more than 2 years after the period of leave commences.

(3) A contributor who takes leave without pay that is not prescribed leave:

(a) is liable to make contributions to the Fund under this Part in respect of:

(i) a contribution period that begins before but finishes after the start of that leave, and

(ii) a contribution period that begins before but finishes after the end of that leave, and

(b) is not liable or entitled to make contributions to the Fund under this Part in respect of:

(i) a contribution period that begins on the first day of that leave and finishes before the end of that leave, or

(ii) a contribution period that, having begun after the start of that leave, finishes on the last day of that leave, or

(iii) a contribution period that falls between a contribution period referred to in paragraph (a) (i) or subparagraph (i) and a contribution period referred to in paragraph (a) (ii) or subparagraph (ii) (whichever is relevant).

(3A) For the purposes of this Act, a contributor who is employed by an employer for less than 10 hours a week for a single period of more than 2 years is not liable to make contributions to the Fund under this Part in respect of any contribution periods occurring wholly or partly more than 2 years after the period commences and while the contributor is so employed for less than 10 hours a week.

(4) A contributor liable to make contributions under subsection (2) or (3) is to pay to the Fund in accordance with directions given by STC such contributions as would have been, but for the contributor being on leave without pay, required to be paid under this Part if the contributor had continued to be paid salary by the employer during the contribution period or periods concerned at the rate at which the contributor would have been paid.

(5) A contribution period in respect of which a contributor is not liable to make contributions to the Fund under this section is not an applicable contribution period in relation to the contributor.