Document ID: chunk:federal_register_of_legislation:F2017L00946:clause:1_4:p2
Version: federal_register_of_legislation:F2017L00946
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 2/4)
Character Range: 17323–21928

— the salary for the higher rank or position.

5.4.43   Election for payment or transfer of leave credit
1.  A member may elect to take their accrued leave credit and purchased recreation leave credit in any of the following forms on ceasing continuous full-time service.
    a.                                                                                                                                                                         A payment for the full amount of their accrued leave credit and purchased recreation leave credit.
    b.                                                                                                                                                                         Transfer to their new Commonwealth entity, one of the following amounts.
    i.                                                                                                                                                                         All their accrued leave credit and purchased recreation leave credit.
    ii.                                                                                                                                                                        Part of their accrued leave credit and purchased recreation leave credit.

                                                                                                                                                                               Note: For remaining credits that are not transferred, their leave credit will be a payment to the member under paragraph 1.a.
2.  The election must be submitted in writing at least 30 days before ceasing continuous full-time service.

    Note: If the member has not made an election 30 days before ceasing continuous full-time service, their leave credit will be a payment to the member under paragraph 1.a.
3.  Once a member has made an election under subsection 1 it cannot be changed.

    Exceptions: The member's leave is paid to the member under paragraph 1.a in either of the following events.
    a.                                                                                                                                                                         The member's offer of employment with the new agency is withdrawn.
    b.                                                                                                                                                                         The Commonwealth entity does not agree to the transfer.

5.4.44   Payment to member for leave credit
1.  This section applies to a member who is to be paid an amount for all or part of their accrued leave credit and purchased recreation leave credit under paragraph 5.4.43.1.a.
2.  The member is to be paid the sum of the following amounts.
    a.                                                                                                                                                                                                                                                 An amount equal to the member's daily rate of salary and allowances for each day of accrued leave credit and purchased recreation leave credit to be paid.
    b.                                                                                                                                                                                                                                                 An amount equal to two days' of the member's daily rate of salary and allowances for each five days of accrued leave credit to be paid.
                                                                                                                                                                                                                                                       Note: This provision recognises that members would ordinarily have weekends during periods of recreation leave. These weekends would be paid, due to the ADF seven-day week pay model.
    Example: A member has 20 days accrued leave credit and 10 days purchased recreation leave credit that they elect to be paid for. The member is paid an amount equal to 38 days (20 + 10 + 8) of the member's daily rate of salary and allowances.
    Note: A member's daily rate of salary and allowances is 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