Document ID: chunk:federal_register_of_legislation:F2025C00160:front:0:p182
Version: federal_register_of_legislation:F2025C00160
Segment Type: other
Provision Reference: 
Character Range: 888289–894299

as in force from time to time.
   Daily rate means the annual rate of any of the following divided by 365.
   a.                                                                                                                                                                 Salary.
   b.                                                                                                                                                                 An annual allowance.
   Purchased recreation leave credit means a member's purchased recreation leave credit measured in days, including part days.

   Note: 1 hour equals 0.125 day.

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.
    a.                                                                                                                                                                                   The member's offer of employment with the new agency is withdrawn.
    b.                                                                                                                                                                                   The Commonwealth entity does not agree to the transfer.
4.  Despite subsection 3, the member's leave is to be a payment for the full amount of their accrued leave credit and purchased recreation leave credit if any of the following apply.
    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, other than a senior officer who transitioned, 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.
    a.                                                                                                                                                                                                                            For each day of accrued leave credit and purchase leave credit, all of the following.
                                                                                                                                                                                                                                  i.                                                                                                                                                                                                                                                                The daily rate of salary.
                                                                                                                                                                                                                                  ii.                                                                                                                                                                                                                                                               The daily rate of an annual allowance the member would be eligible to receive on recreation leave if the recreation leave were taken on their last day of service.
    b.                                                                                                                                                                                                                            For every 5 days of accrued leave credit, 2 days of salary and annual allowances paid at the daily rate.
3.  For the purpose of subparagraph 2.a.i, the rate of salary used to calculate the daily rate of salary is one of the following.