Document ID: chunk:federal_register_of_legislation:F2020L01546:clause:5_1:p2
Version: federal_register_of_legislation:F2020L01546
Segment Type: clause
Provision Reference: sch 5 cl 1 (pt 2/3)
Character Range: 41404–46587

rank higher than that held by the member directed to perform duties at a higher rank.

4.1.3    Member this part applies to
   This part applies to a member, including a member in the reserves, who meets both of the following criteria.
   a.                                                                                                             The member is performing duties attributed to a higher rank.
   b.                                                                                                             The member has been directed to perform the higher duties.

4.1.4    Members not eligible for higher duties allowance
   The following members are not eligible for higher duties allowance.
   a.                                                                   A trainee or member undergoing training.
   b.                                                                   A member who is an aviation specialist.
   c.                                                                   Statutory office holders.
   d.                                                                   A member who meets one of the following.
                                                                        i.                                        The member holds the rank of Private.

                                                                        ii.                                       The member holds the rank of Second Lieutenant.

4.1.5    Eligibility for higher duties allowance
1.  Subject to subsection 2, a member is eligible for higher duties allowance if the approver is satisfied of the following.
    a.                                                                                                                        The member is capable of performing the required duties attributed to the higher rank.
    b.                                                                                                                        The duties being performed are duties that would ordinarily be performed by a person holding a higher rank than the member.
    c.                                                                                                                        The member is not on leave, a medical absence, or short absence from duty on the day the payment of higher duties allowance would commence.
2.  An approver cannot approve higher duties allowance for any of the following.
    a.                                                                                                                        Less than 10 consecutive days.

    b.                                                                                                                        More than one of the following.

                                                                                                                              i.                                                                                                                                           If the member is posted to the position in which the higher duties is being performed — the duration of the posting period.

                                                                                                                              ii.                                                                                                                                          If subparagraph i does not apply — 12 months.

3.  For the purpose of subsection 2.a, consecutive days are not broken by any of the following.
    a.                                                                                                                        A day a member of the Reserves or Permanent Force is not required to attend for duty.
    b.                                                                                                                        If a member is on a flexible service determination, a nonworking period that is 14 days or less.

4.1.6   Rate of higher duties allowance
   The annual rate of higher duties allowance is calculated using the following formula.

4.1.7   End of higher duties allowance
   A member ceases to be eligible for higher duties allowance on the earlier of the following days
   a.                                                                                               The day the approval to be paid higher duties allowance ends.
   b.                                                                                               The day on which the member is directed to cease performing the higher duties.
   c.                                                                                               If the member is posted to a position for which they have been approved higher duties allowance, the day they cease to be posted to that position.
   d.                                                                                               The day the member commences unpaid leave.
   e.                                                                                               The day that is 2 months after the commencement of any of the following.