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SUPERANNUATION AND FAMILY BENEFITS ACT 1938 - SECT 7

7 .         Certain employees who become part-time may continue as contributors or subscribers

        (1)         In this section —

        accepted part-time employee means a person in respect of whom there is a declaration in force under subsection (2).

        (2)         The Board may declare a contributor for units of pension or a contributor or subscriber to the Provident Account to be an accepted part-time employee if —

            (a)         the employee’s hours of work are reduced so that he or she is no longer required to give his or her whole time to the duties of his or her employment; and

            (b)         the Board is satisfied that the reduction is necessary or desirable—

                  (i)         in the interests of the contributor’s health; or

                  (ii)         for some other special reason that the Board considers to be adequate.

        (2a)         A declaration under subsection (2) comes into force, or is taken to have come into force, on the day on which the person’s hours of work are or were so reduced.

        (2b)         The Board may make a declaration under subsection (2) in respect of a person who was formerly a contributor for units of pension or a contributor or subscriber to the Provident Account and any such declaration comes into force and has effect as if this section had been in operation on the day on which the person’s hours of work were so reduced.

        (3)         Notwithstanding the definition of “employee” in section 6(1), while a person is an accepted part-time employee he or she does not cease to be an employee only because he or she is not required to give his or her whole time to the duties of his or her employment.

        (4)         For the purposes of this Act, while a person is an accepted part-time employee his or her salary is to be taken to be the amount the Board determines to be the salary he or she would earn if he or she gave his or her whole time to the duties of his or her employment.

        (5)         For the purposes of calculating the length of an accepted part-time employee’s service, the period during which the employee is not required to give his or her whole time to the duties of his or her employment is to be counted as if he or she had given his or her whole time to the duties of his or her employment during that period.

        (6)         The Board may, at any time, revoke a declaration under subsection (2) if is satisfied that it is no longer necessary or desirable for the employee to work the reduced hours he or she is then working.

        (7)         A declaration under subregulation (2) remains in force until —

            (a)         it is revoked by the Board;

            (b)         the employee is again required to give his or her whole time to the duties of his or her employment; or

            (c)         the contributor ceases to be an employee.

        [Section 7 inserted in Gazette 16 February 2001 pp.1017-19; amended in Gazette 29 June 2001 p.3106.]

[Part II (Sections 8-23). Deleted by No. 17 of 1987 s.6.]



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