Document ID: chunk:federal_register_of_legislation:F2025L00139:clause:1_1:p9
Version: federal_register_of_legislation:F2025L00139
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 9/11)
Character Range: 43040–49441

accept a valid offer

   A member who has received a valid offer is eligible to make a valid acceptance of a continuation bonus.

3.4.19 Member not eligible to accept a valid offer

   A member is not eligible to make a valid acceptance of a valid offer if any of the following apply.
   a.                                                                                                   They hold a military employment classification of J34 or J40.
   b.                                                                                                   They have less than 3 years to serve until the end of their fixed period of service.
                                                                                                        Note:  A member's existing return of service obligation may affect the date their service obligation commences.
   c.                                                                                                   They have less than 3 years to serve before any of the following days.
                                                                                                        i.                                                                                                                The day they reach retirement age.
                                                                                                        ii.                                                                                                               The last day that they have been given a direction allowing them to serve beyond their retirement age.
                                                                                                                                                                                                                          Note:  A direction allowing a member to serve beyond their retirement age is made under section 23 of the Defence Regulation.
   d.                                                                                                   They have been given a notice under one of the following and a decision on that notice has not been made.
                                                                                                        i.                                                                                                                Section 100 of the Act.
                                                                                                        ii.                                                                                                               Subsection 24(2) of the Defence Regulation.
   e.                                                                                                   They cease to be a member of the Permanent Forces.

Division 5: Payment, cessation and repayment of the continuation bonus

3.4.20 Eligibility for payment of the continuation bonus

1.  A member is eligible to be paid the continuation bonus if one of the following applies.
    a.                                                                                        They have made a valid acceptance for a continuation bonus.
    b.                                                                                        All of the following apply.
                                                                                              i.                                                                       They were made a valid offer.
                                                                                              ii.                                                                      They have not made a valid acceptance of the offer.
                                                                                              iii.                                                                     The decision maker is satisfied it is reasonable in the circumstances to pay the continuation bonus.
2.  For the purpose of paragraph 1.b, the decision maker must consider all of the following.
    a.                                                                                        The reason the member was offered the continuation bonus.
    b.                                                                                        The reason the member ceased to be eligible to make a valid acceptance.
    c.                                                                                        The payment is in the interests of the ADF.
    d.                                                                                        The payment meets the intent of the policy.
3.  In this section, decision maker means Director General, Military Personnel Branch.

3.4.21 How the continuation bonus is paid

1.  The continuation bonus is payable in accordance with the following.
    a.                                                                                                                                                                                   If the member chose to receive the continuation bonus in 1 payment — from the first payday after the later of the following.
                                                                                                                                                                                         i.                                                                                                                            The commencement day specified in the valid offer.
                                                                                                                                                                                                                                                                                                                       Note:  If the commencement day of the agreed period of service is changed as a consequence of subsection 3.4.3.1, payment remains payable on the commencement day specified in the offer.
                                                                                                                                                                                         ii.                                                                                                                           The day a valid acceptance