(1)  Except as provided in regulation 14 , 15 , 16 or 21 , an employee under the age of 70 years who –

(a) is an existing contributor; or

(b) became a permanent employee on or after 1 July 1994 and before 15 May 1999; or

(c) has, before the day on which these regulations commence, elected, under the Public Sector Superannuation Reform Act 1999 or the former regulations, to contribute to a contributory scheme established or continued by or under the former regulations; or

(d) has elected to contribute to the contributory scheme under section 30 of the Act –

must, until he or she attains the age of 70 years, contribute to the contributory scheme established under these regulations.

(2)  A contributor who has entered into an agreement with his or her employing Agency to have salary sacrifice contributions paid to the Fund on his or her behalf –

(a) is, while the agreement is in force, taken to have satisfied any requirement under this Part to make contributions to the contributory scheme; and

(b) may not make member contributions during any period when the salary sacrifice contributions are being paid to the Fund.

(3)  A person who, immediately before the commencement day, was a contributor must continue to contribute at his or her commensurate rate of contribution unless he or she elects in writing to the Commission to contribute under this regulation at another rate of contribution.

(4)  A person who becomes a contributor under these regulations must contribute at the rate provided in regulation 23(2) unless he or she elects in writing to the Commission to contribute under this regulation at a higher rate of contribution.

(5)  A person who makes an election under subregulation (3) or (4) must specify in that election his or her rate of contribution, which is to be a rate consisting of multiples of 1% of salary, with the minimum rate of contribution being 5% of salary and the maximum rate of contribution being 15% of salary.

(6)  A contributor may not increase his or her rate of contribution under subregulation (3) or (4) if to do so would cause the contributor to exceed his or her non-concessional contributions cap for a financial year.

(7)  Before accepting an election by a contributor under this regulation, the Commission may direct that the contributor –

(a) undergo any reasonable medical examination by a medical practitioner; and

(b) provide the Commission with a report of that examination, to the satisfaction of the Commission, that the contributor is not affected by any physical or mental defect likely to render him or her incapable of performing his or her duties before attaining the age of 60 years.

(8)  A contributor who has made an election to pay contributions above the basic contribution rate may, by notice in writing to the Commission, elect to revoke or vary that election.

(9)  If a contributor has revoked his or her election to pay additional contributions above the basic contribution rate, the Commission may refund –

(a) the part, of the balance of the contributor's account under regulation 28 as at 30 June 1999, which relates to those additional contributions together with interest accrued as at that date, if the Commission is satisfied that the contributor would suffer financial hardship on failure to make that refund; and

(b) the total of all excess contributions paid above that rate after 30 June 1999 together with interest accrued after that date, but only if regulated superannuation funds are permitted under the SIS Act to make such a payment in similar circumstances.

(10)  On payment of a refund of additional contributions under subregulation (9) , the contributor is taken to have contributed at the basic contribution rate during the period of service to which the refund of those additional contributions relates.