Document ID: chunk:federal_register_of_legislation:F2023C01043:reg:20:p2
Version: federal_register_of_legislation:F2023C01043
Segment Type: reg
Provision Reference: reg 20 (pt 2/3)
Character Range: 114420–117138

an eligible employee referred to in subparagraph (3)(a)(iv)—the salary payable to the eligible employee ceases to be lower than the salary payable to an officer whose classification is the same as the classification of the eligible employee immediately before the relevant day; or
 (b) in any other case—the eligible employee ceases to be an officer having a classification that is lower than his or her classification on the day immediately before the relevant day in relation to the eligible employee.
 (5) Where:
 (a) this regulation applies to an eligible employee; and
 (b) if the eligible employee had, on any particular day (being the relevant day in relation to the eligible employee or any day after that relevant day), been an officer having the same classification as, or a classification equal to, the classification of the eligible employee on the day immediately preceding the relevant day in relation to the eligible employee, the annual rate of the salary that would have been payable to the eligible employee (in this subregulation referred to as his or her notional salary) on the particular day would have been higher than the annual rate of salary by reference to which the fortnightly basic contribution of the eligible employee:
 (i) where subparagraph (ii) does not apply—on the contribution day last preceding the particular day; or
 (ii) where the particular day is a contribution day—on the particular day;
  was calculated;
then, the annual rate of salary of the eligible employee on the particular day shall, for the purposes of the Act, be an amount per annum equal to the annual rate of the notional salary of the eligible employee on that day.
 (6) Subregulation (3) does not apply to an eligible employee who is appointed or transferred to an office, or has his or her classification reduced, in any of the circumstances referred to in paragraph (3)(a) or (b) if the eligible employee:
 (a) immediately before the day that, but for this subregulation, would have been the relevant day in relation to the eligible employee, held an office of Secretary under a fixed‑term appointment or was a Senior Executive Service officer by virtue of a fixed‑term appointment;
 (b) is, on the day referred to in paragraph (a), given a
fixed‑term appointment to an office of Secretary or as a Senior Executive Service officer; or
 (c) makes, on the day referred to in paragraph (a), an election under subsection 47(2) of the Act in relation to the appointment, transfer or reduction in classification occurring on that day.
 (7) An eligible employee to whom this regulation applies ceases to be such an eligible employee if the eligible employee:
 (a) at any time after the relevant day in relation to