Document ID: chunk:federal_register_of_legislation:F2017L00946:clause:1_4:p3
Version: federal_register_of_legislation:F2017L00946
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 3/4)
Character Range: 21672–24789

calculated at subsection 5.4.46.2.

5.4.45   Transfer of leave credits and payment to new Commonwealth entity
1.  This section applies to a member who elects to transfer all or part of their accrued leave credit and purchased recreation leave credit under paragraph 5.4.43.1.b and the new Commonwealth entity has agreed to the transfer.
2.  The Department of Defence must pay the member's new Commonwealth entity the sum of the following amounts.
    a.                                                                                                                                                                                                                               An amount equal to the member's daily rate of salary for each day of accrued leave credit and purchased recreation leave credit the member elected to transfer.
    b.                                                                                                                                                                                                                               An amount equal to two days' of the member's daily rate of salary for each five days of accrued leave credit the member elected to transfer.
    Note: A member's daily rate of salary is calculated at subsection 5.4.46.1.
    Example: A member has 20 days accrued leave credit and 10 days purchased recreation leave credit that they elect to transfer to the new Commonwealth entity. The following occurs.
    a. 30 days of credit is transferred.
    b. An amount equal to 38 days of the member's daily rate of salary is paid to the member's new Commonwealth entity. The extra eight days are derived from the extra two days for every five days of accrued leave credit.
3.  The member's leave credits are transferred to the new Commonwealth entity.

5.4.46   Calculation of payment or transfer rates
1.  The following table sets out how to calculate the daily rate of salary.

Step  Action
1.    Find the annual rate of salary payable to the member and divide by 365.
2.    Find the annual rate of Service allowance payable to the member and divide by 365.
3.    Add the amounts of Steps 1 and 2. This is the daily rate of salary that applies to the member.

2.  The following table sets out how to calculate the daily rate of salary and allowances.

Step  Action
1.    Find the annual rate of salary payable to the member and divide by 365.
2.    Find the annual rate of Service allowance payable to the member and divide by 365.
3.    Find the annual allowances the member would be eligible to receive on recreation leave, if it was taken on their last day of service. Add these amounts together and divide by 365.

      Exceptions: Service allowance, uniform allowance, rent allowance and executive vehicle allowance. Higher duties allowance is also an exception provided the member had not been continuously paid the allowance for one year or more on their last day of service.

      Note: Higher duties allowance is included if the member had been continuously paid the allowance for one year or more on their last day of service.

4.    Add