(1)  If the Commission determines, under regulation 96 , that a contributor meets the criteria for interim invalidity and that contributor has been absent from duty on sick leave without pay for a continuous period of 30 days –

(a) that contributor is entitled to a pension equal to 75% of the salary that he or she would have received in respect of the previous period of 12 months if he or she had continued to be employed in his or her usual capacity; and

(b) that pension is payable from the later of the following days:

(i) the day on which the Commission receives the application for an invalidity benefit under regulation 96 ;

(ii) the day after the last day of the period of 30 days' sick leave without pay; and

(c) that pension is payable for a period determined by the Commission not exceeding 2 years.

(2)  If, after such inquiry as he or she thinks fit, the Commission is satisfied that a contributor has reduced his or her hours of work for medical reasons, the Commission may, for the purpose of subregulation (1) , determine that the contributor's salary is to be an amount that it considers to be fair and equitable.

(3)  An interim invalidity pension is subject to indexation as provided by regulation 63 .

(4)  If the period for which an interim invalidity pension payable to a contributor under this regulation has expired, the pension ceases and unless –

(a) the Commission grants a total and permanent incapacity benefit to the contributor; or

(b) the Commission grants a partial and permanent incapacity benefit to the contributor; or

(c) the contributor returns to duty –

the contributor is taken to have ceased to be a member of the contributory scheme as from the cessation of the interim invalidity pension.

(5)  On the cessation of a contributor's membership under subregulation (4)  –

(a) he or she is entitled to a benefit calculated in accordance with regulation 38 ; and

(b) the Commission is to transfer the amount referred to in regulation 41(5)  –

(i) to an account, in the name of the contributor, in a complying superannuation scheme elected by the contributor; or

(ii) if an election is not made under subparagraph (i) within a reasonable period determined by the Commission – to the Taxation Commissioner to be dealt with under the Superannuation (Unclaimed Money and Lost Members) Act 1999 of the Commonwealth.

(6)  If –

(a) the membership of a contributor ceases under subregulation (4) ; and

(b) the contributor subsequently recommences duty in his or her position or any other position within an Agency for which he or she is qualified by education, training or experience –

the Commission must, subject to subregulations (7) , (8) and (9) , reinstate the contributor’s membership in the contributory scheme as if the transfer had not occurred and adjust the contributor’s entitlements accordingly.

(7)  On the reinstatement of a contributor's membership under subregulation (6)  –

(a) the contributor must, as from the day when he or she recommences duty, contribute to the contributory scheme at the rate at which he or she was contributing before the commencement of his or her interim invalidity pension; and

(b) the period between the cessation of payment of the interim invalidity pension and the recommencement of duty is to be treated, for the purposes of these regulations, as leave without pay.

(8)  The Commission is not to reinstate a person as a member of the contributory scheme unless –

(a) the amount transferred under subregulation (5)(b) may be transferred to the contributory scheme from the superannuation fund elected by the person, or the eligible rollover fund selected by the Commission, whichever is applicable; and

(b) the person arranges for the transfer of the benefit to the contributory scheme; and

(c) the Commission is satisfied that the amount transferred to the contributory scheme fairly corresponds with the benefit referred to in subregulation (5)(a) .

(9)  The Commission is not to reinstate a person as a member of the contributory scheme unless the Commission is satisfied that any gainful employment that the person has undertaken after the cessation of the person's interim invalidity pension and before the person's recommencement of duty was undertaken in order to facilitate that return to duty.

(10)  An interim invalidity pension ceases to be payable if the interim invalidity pensioner ceases to be an employee.