Document ID: chunk:federal_register_of_legislation:F2019L00998:clause:1_2
Version: federal_register_of_legislation:F2019L00998
Segment Type: clause
Provision Reference: sch 1 cl 2
Character Range: 3627–7989

2  Section 2.3.22 (Member eligible for a special benefit)
   Omit the section, substitute:

2.3.22    Member eligible for a special benefit
1.  A member is eligible for the special benefit under section 2.3.23 if either of the following apply.
    a.                                                                                                                                 Subject to subsections 2 and 3, the member is compulsorily transferred to the Reserves for workforce planning reasons.
    b.                                                                                                                                 Both of the following apply.
                                                                                                                                       i.                                                                                                                      The member is compulsorily transferred to the Reserves for reasons other than workforce planning.
                                                                                                                                       ii.                                                                                                                     The CDF is satisfied that payment of the special benefit is reasonable in the circumstances.
2.  To be eligible for the special benefit, the member must satisfy all of the following.
    a.                                                                                                                                 They have completed at least two years' service at their current rank.
    b.                                                                                                                                 They have at least 12 months of service remaining before the day on which their period of service is expected to end.
    c.                                                                                                                                 They are transferred to the Reserves within 30 days of the receiving the decision to transfer them to the Reserves.
3.  A member is not eligible for the special benefit if either of the following apply.
    a.                                                                                                                                 The member is subject to any of the following.
                                                                                                                                       i.                                                                                                                      An investigation for unacceptable behaviour.
                                                                                                                                       ii.                                                                                                                     Disciplinary action.
                                                                                                                                       iii.                                                                                                                    A notice to show cause for an administrative sanction.
                                                                                                                                       iv.                                                                                                                     A notice of a positive test result under section 100 of the Act.
    b.                                                                                                                                 An administrative sanction was imposed on the member within the previous 12 months.
4.  For the purpose of paragraph 2.b, the day the member's period of service is expected to end is the earlier of the following days.
    a.                                                                                                                                 The day the member reaches retirement age.
    b.                                                                                                                                 The last day of the member's fixed period of service.