New South Wales Consolidated Acts

STATE PUBLIC SERVICE SUPERANNUATION ACT 1985 - SECT 17

17 Contributions during leave without pay

(1) In this section:
"initial period", in relation to leave without pay that is not prescribed leave, means the period that commences on the first day of the leave without pay and ends:

(a) where the period of leave without pay does not exceed 3 months-on the day on which the period of leave without pay ends, or

(b) where the period of leave without pay exceeds 3 months-on the day that is 3 months after that first day.

"leave without pay" means a period of leave from employment with an employer (otherwise than on secondment as referred to in section 6 (7) or 6 (8)) 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 the Board for the purposes of this section.

(2) A contributor who takes leave without pay shall:

(a) where the leave without pay is not prescribed leave-during the initial period of the leave, or

(b) where the leave without pay is prescribed leave-during the whole of the period of the leave,

pay to the Fund in accordance with directions given by the Board such contributions as would have been deducted from the salary of the contributor in accordance with section 20 if the contributor had continued to be paid salary by the employer during the initial period or period of prescribed leave, as the case may be, at the rate at which the contributor would have been paid but for being on leave without pay.

(3) Except as provided by subsection (2) (a), a contributor is not liable or entitled to make a contribution to the Fund in respect of a superannuation period that is included in a period of leave without pay that is not prescribed leave.

(4) For the purpose of determining the initial period in relation to a contributor who is on part-time leave without pay, a reference in the definition of "initial period" in subsection (1) to 3 months shall be read as a reference to the number of months (rounded off to the nearest whole number) calculated in accordance with the formula:

"EIP" represents the number of months to be ascertained, and
"S" represents the contributor’s salary ratio.