Document ID: chunk:federal_register_of_legislation:F2023C01043:reg:11
Version: federal_register_of_legislation:F2023C01043
Segment Type: reg
Provision Reference: reg 11
Character Range: 85389–87098

11  Final annual rate of salary of certain temporary employees
 (1) Where:
 (a) a person who has ceased to be an eligible employee:
 (i) by reason of early retirement; or
 (ii) in circumstances that entitle him to age retirement pension;
  was on his last day of service a temporary employee;
 (b) before the relevant day a certificate specifying a day not later than the relevant day had been given in respect of the person under subregulation 10(3);
 (c) during the period that commenced on the day specified in the certificate and ended on the expiration of his last day of service, the person continuously performed prescribed work; and
 (d) the person did not continuously perform prescribed work during the period of 12 months immediately preceding his last day of service;
then, for the purposes of the definition of final annual rate of salary in subsection 3(1) of the Act, the annual rate of salary of that person on the relevant day shall be an amount equal to the amount per annum of the salary (within the meaning of section 5 of the Act) that would be payable to the eligible employee on the relevant day if the eligible employee had continued to perform, and performed on that day, the work referred to in whichever of subparagraphs 9(2)(a)(i), (ii) and (iii) applies in relation to the eligible employee.
 (2) In this regulation, relevant day, in relation to a person who has ceased to be an eligible employee, means:
 (a) except where paragraph (b) applies—his last day of service; or
 (b) if his annual rate of salary is ascertained by reference to the annual rate of salary payable to him on a day other than his last day of service—that other day.

Part 4—Employees on leave of absence