Document ID: chunk:federal_register_of_legislation:F2024C00321:reg:16:p39
Version: federal_register_of_legislation:F2024C00321
Segment Type: reg
Provision Reference: reg 16 (pt 39/106)
Character Range: 206772–209408

— the Agency Head (within the meaning of the Public Service Act 1999) of the Agency is satisfied that the engagement of the person in the other employment is in the interest of the Australian Public Service; or
             (ii) in respect of any other person — the person's usual employer is satisfied that the engagement of the person in the other employment is in the usual employer's interest;
    (f) a period of leave of absence for the purpose of engaging in employment with:
              (i) an organisation or association registered or recognised under the Fair Work (Registered Organisations) Act 2009 the membership of which includes people who are members of the CSS scheme or of the PSS scheme or of the PSSAP; or

         (ii) a body consisting of such organisations;
         if the member is not required to contribute under a superannuation arrangement maintained by the temporary employer and the temporary employer complies with the requirements of Rule 4.2.2;
         (g) a period of leave of absence that is covered by an agreement made (whether before or after the end of the period) between the Minister and CSC declaring the period to be an excluded period of leave of absence.  An agreement made under this provision may be subject to any conditions that are set out in the agreement and if the conditions are not met the period, or part of the period, to which they apply is not to be taken to be an excluded period of leave of absence. Any agreement made may be varied or terminated by the Minister and CSC together at any time.
   Note:  The effect of this rule is that where a member is on a leave of absence without pay for a continuous period exceeding 12 weeks that is an excluded period of leave of absence, the member must pay contributions at a rate of between 2% and 10% (inclusive), even though the member may be paying contributions at 0% just prior to the period of leave.  However, in relation to compensation leave, the requirements in Rule 4.1.4 will also apply in relation to the contributions percentage rate allowed.
   After the relevant period of leave has ended, the member will be able to recommence paying 0% without having to make a further request to choose that contribution rate.
   One exception to the rule is in relation to where a former maximum benefits member had already commenced a relevant period of leave without pay at the time the transitional arrangements in Rule 4.1.9 come into effect.

4.2.1A A member who was paying contributions at 0% but is required to pay contributions at another rate under Rule 4.2.1, and does not choose a contribution rate, will be taken