South Australian Consolidated Regulations South Australian Consolidated Regulations29—Salary in relation to fixed term appointments
(1) This regulation
applies to, and in relation to, a contributor whether he or she is employed
pursuant to a TEC contract or not.
(2) Subject to
subregulations (4) and (5), where a contributor has, during his or her
membership of the Scheme, been appointed to a higher position for a limited
term of less than five years, the contributor's salary for the purpose of
determining contributions and benefits will, during the term of the
appointment, be taken to be the contributor's basic salary.
(3) Subject to
subregulation (7), where a contributor has, during his or her membership
of the Scheme, been appointed to a higher position for a limited term of five
years or more, the contributor's salary for the purpose of determining
contributions and benefits will thereafter be taken to be the highest level of
salary achieved by the contributor during his or her membership of the Scheme.
(4) A contributor who
has been appointed to a higher position for a limited term of less than five
years will be taken, for the purposes of subregulations (2) and (3), to
have been appointed for a term of five years or more if the term of that
appointment when aggregated with the term of a previous appointment or
appointments to higher positions during the contributor's membership of the
scheme is five years or more.
(5) A contributor who
has been appointed to a higher position for a limited term of less than five
years will, if the term is extended to five years or more, be taken, for the
purposes of subregulations (2) and (3) to have been appointed for a term
of five years or more on the day on which the term is extended.
(6) The highest level
of salary achieved by the contributor will be determined by comparing the
salary levels for the time being of all positions held by the contributor
during his or her membership of the Scheme and the following provisions will
apply for the purpose of the comparison:
(a)
where the salary applicable to the position that the contributor holds or to a
position previously held by the contributor has been reduced (except for
disciplinary reasons) or the position has ceased to exist, the salary of the
position will be taken to be—
(i)
where the salary has been reduced—the salary of
that position on the last day on which the contributor was employed in the
position before the reduction;
(ii)
where the position has ceased to exist and
subparagraph (i) does not apply—the salary of that position on the
last day on which the contributor was employed in the position,
adjusted to reflect changes in the Consumer Price Index between that day and
the day on which the comparison is made;
(b)
where the contributor holds, or held, a position pursuant to special
conditions as to salary negotiated with his or her employer, the salary of the
position will be taken to be the salary for the time being of the position (or
the notional salary of the position determined under paragraph (a) if
applicable) increased in accordance with the special conditions.
(7) The contributor's
salary for the purposes of determining contributions and benefits will be
taken to be the contributor's basic salary if the contributor has, by notice
in writing to the Board within two months of the commencement of the
fixed term appointment referred to in subregulation (3), made an election
to that effect.
(8) An election
referred to in subregulation (7) cannot be revoked and, as well as
applying in relation to the fixed term appointment in relation to which it was
made, applies also in relation to all subsequent periods served by the
contributor pursuant to fixed term appointments.
(9) An election made
by an officer of the teaching service before regulation 24B of the revoked
regulations came into force under the corresponding regulation in force at
that time will be taken to be an election referred to in
subregulation (7) of this regulation.
(10) A person who is
employed pursuant to a fixed term appointment when he or she becomes a member
of the Scheme will be taken, for the purposes of this regulation, to have been
appointed to the higher position on the day on which he or she became a member
of the Scheme.
(11)
Subregulations (3) and (4) do not apply to, or in relation to, the
appointment of a contributor to a higher position for a limited term of two
years or less if that term commences during the limited term of an existing
appointment and expires on or before the end of the longer term.
(11a) Any
determination of salary under this regulation must, if relevant, take into
account, and operate subject to, the provisions of regulation 29A.
(12) In this
regulation, unless the contrary intention appears—
"basic salary" in relation to a contributor on a particular day means—
(a)
where the contributor was not employed pursuant to a fixed term appointment on
that day—the contributor's salary on that day;
(b)
where the contributor was employed pursuant to a fixed term appointment on
that day—the salary for the time being payable in respect of the
position (or an equivalent position) held by the contributor immediately
before the commencement of the fixed term appointment or, where the
contributor has held two or more consecutive fixed term appointments,
immediately before the commencement of the first of those appointments;
"fixed term appointment" in relation to a contributor means the appointment of
the contributor to a higher position for a limited term;
"higher position" in relation to a contributor means a position in which the
salary, or the aggregate of the various components of the salary, received by
the contributor exceeds the salary, or the aggregate of the various components
of the salary, received by the contributor in the same or some other position
held by the contributor immediately before appointment to the higher position.