Western Australian Consolidated Regulations

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COAL INDUSTRY SUPERANNUATION REGULATIONS 1990 - REG 45

45 .         Temporary cessation of employment and leave without pay

        (1)         If a member leaves service in circumstances where it is reasonable to expect that the member will return to service within a reasonable time, the Board may treat the member as continuing to be in service on such terms and conditions as are agreed between the Board, the member and the employer.

        (2)         If a member is on leave without pay the Board, the employer and the member may enter into an agreement as to the terms and conditions on which the member shall continue to be a member during the absence of that member.

        (3)         The terms and conditions agreed upon under subregulation (1) and (2) may include terms or conditions inconsistent with the other provisions of these regulations.

        (4)         Unless otherwise agreed under subregulation (1) or (2) — 

            (a)         no contributions are payable by or in respect of the member during the relevant period;

            (b)         the relevant period is not to be counted in determining the member’s membership; and

            (c)         if a benefit becomes payable under regulation 19 or 20 during the relevant period, the member is deemed to have received salary on the employer’s last salary day prior to the benefit becoming payable.

        (5)         In subregulation (4) — 

        relevant period means any period during which a member has — 

            (a)         continued in service under subregulation (1); or

            (b)         been absent on leave without pay.

        [Regulation 45 amended in Gazette 14 May 1996 p. 2037.]



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