(1)  If a member whose date of admission is before 1 July 1990 ceases to be an employee before the normal retirement date in circumstances in which no other benefit is payable under this Division, the Commission must pay to that member the greater of the following:

(a) an amount determined under subregulation (2) for the purposes of this paragraph;

(b) an amount determined under subregulation (3) for the purposes of this paragraph.

(2)  The amount determined for the purposes of subregulation (1)(a) is the amount equal to the sum of –

(a) the amount consisting of the transfer amount, and all contributions made, or taken to be made, by the member to the SFCS Scheme, less any amounts deducted in accordance with regulation 163(5) ; and

(b) if –

(i) the member has not completed 5 years of service as at 1 July 2005 – 2.5% of the amount determined in accordance with paragraph (a) for each complete year of service as at 1 July 2005; or

(ii) the member has completed 5 years of service as at 1 July 2005 but has not completed 10 years of service as at 1 July 2005 – 7.5% of the amount determined in accordance with paragraph (a) for each complete year of service as at 1 July 2005; or

(iii) the member has completed 10 years of service as at 1 July 2005 but has not completed 15 years of service as at 1 July 2005 – 10% of the amount determined in accordance with paragraph (a) for each complete year of service as at 1 July 2005; or

(iv) the member has completed 15 years or more of service as at 1 July 2005 – 20% of the amount determined in accordance with paragraph (a) for each complete year of service as at 1 July 2005.

(3)  The amount determined for the purposes of subregulation (1)(b) is the amount equal to the sum of –

(a) the amount consisting of –

(i) that element of the transfer amount comprising all contributions, made, or taken to be made, before 1 July 1990, by the member, to the former superannuation scheme or to the Fire Brigades Scheme, less any amounts deducted in accordance with regulation 163(5) ; and

(ii) interest, on that element of the transfer amount and those contributions, calculated, from 1 July 1990, at the interest rates; and

(b) the amount consisting of that element of the transfer amount comprising all contributions made, or taken to be made, on and from 1 July 1990, by the member, to the former superannuation scheme and the Fire Brigades Scheme and all contributions made or taken to be made by the member to the SFCS Scheme, less any amounts deducted in accordance with regulation 163(5) , together with interest on that element of the transfer amount and those contributions at the interest rates; and

(c) the amount consisting of 10% of the amounts determined in accordance with paragraphs (a) and (b) for each completed year of service but not exceeding 100% of that amount.

(4)  If a member whose date of admission is on or after 1 July 1990 ceases to be an employee before the normal retirement date in circumstances in which no other benefit is payable under this Division, the Commission must pay to that member an amount equal to the sum of –

(a) the amount consisting of –

(i) the transfer amount, and all contributions made, or taken to be made, by the member to the SFCS Scheme, less any amounts deducted in accordance with regulation 163(5) ; and

(ii) interest on the transfer amount and those contributions at the interest rates; and

(b) 10% of the amount determined in accordance with paragraph (a) for each completed year of service but not more than 100% of that amount.

(5)  Despite any other provision of this regulation, if the member ceases to be an employee by reason of dismissal, or resignation to avoid dismissal, for alleged misconduct or alleged neglect of duty, the benefit payable to the member under this regulation is the amount equal to –

(a) if the member’s date of admission is before 1 July 1990 – the sum of the amounts determined in accordance with subregulation (3)(a) and (b) ; or

(b) if the member’s date of admission is on or after 1 July 1990 – the amount determined in accordance with subregulation (4)(a) .

(6)  Despite any other provision of this regulation, if the member ceases to be an employee because of redundancy, the amount payable to the member under this regulation may be increased to an amount that the Commission, with the consent of the State Fire Commission and having regard to the advice of the Actuary, considers to be equitable in the circumstances.

(7)  Despite any other provision of this regulation, if the member is dismissed, or the member’s employment is terminated, and the member applies to the appropriate industrial tribunal, the Commission must not pay any benefit to or in respect of that member until the application has been heard and determined.

(8)  For the purposes of this regulation, service is to be calculated in years and complete months.