Document ID: chunk:federal_register_of_legislation:F2017L00946:clause:1_2
Version: federal_register_of_legislation:F2017L00946
Segment Type: clause
Provision Reference: sch 1 cl 2
Character Range: 28252–32569

2   Transitional – Payment or transfer of purchased recreation leave
1.  This section applies to a member who meets all the following conditions.
    a.                                                                                                                                                                                                                                                                                             The member had an application for purchased recreation leave approved before the commencement of this Determination.
    b.                                                                                                                                                                                                                                                                                             The member has not completed fortnightly payments for the purchased recreation leave.
    c.                                                                                                                                                                                                                                                                                             The member ceases continuous full-time service.
2.  The method for which unpaid purchased recreation leave is recovered by the Commonwealth depends on what the member elects to do with their recreation leave credits. One of the following applies.
    a.                                                                                                                                                                                                                                                                                             If the member elects to take a full payment under paragraph 5.4.43.1.a or a part payment under subparagraph 5.4.43.1.b.ii of Defence Determination 2016/19, Conditions of service, as in force immediately before the commencement of this Determination — the value of purchased leave that has not been paid for is deducted from the total amount payable to the member.

                                                                                                                                                                                                                                                                                                   Example: A member elects to be paid out their recreation leave credits. Without the unpaid purchased leave payments, that payment would be $2,000. The member has $1,000 of unpaid purchased leave payments. The member gets a recreation leave payout of $1,000.
    b.                                                                                                                                                                                                                                                                                             If the member elects to transfer their recreation leave credits to another Commonwealth entity under subparagraph 5.4.43.1.b.i of Defence Determination 2016/19, Conditions of service, as in force immediately before the commencement of this Determination — the value of purchased leave that has not been paid for is a debt to the Commonwealth.

                                                                                                                                                                                                                                                                                                   Example: A member elects to transfer all their recreation leave credits to another Commonwealth entity. They have unpaid purchased leave payments. The value of the unpaid purchased leave payments are a debt to the Commonwealth. The member can still transfer their leave.
3.  The value of any purchased leave that has not been paid for and that exceeds the total amount payable to the member becomes a debt to the Commonwealth.

    Example: A member elects to be paid out their recreation leave. Without the unpaid purchased leave payments, that payment would be $2,000. The member has $3,000 of unpaid purchased leave payments. They get no recreation leave payout, and they have a debt to the Commonwealth of $1,000.