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s 88

Benefits under other laws—election

In force
Part 10Miscellaneous

88 Benefits under other laws—election

(1)

This section applies if a registered worker—

(a)

has accrued long service benefits under this Act; and

(b)

is eligible for long service benefits under one or more of the following laws:

(i)

the Long Service Leave Act 1976;

(ii)

a corresponding law;

(iii)

a law prescribed by regulation for employment in a covered industry; and

(c)

elects to take the long service benefits under a law other than this Act.

(2)

The registered worker must nominate in writing—

(a)

the law under which the registered worker elects to take the long service benefits; and

(b)

if the worker is a worker for the building and construction industry—the number of days of credit for service for which the election is made; and

(c)

if the worker is not a worker for the building and construction industry—the service period, or part of the service period, for which the election is made.

(3)

If the authority receives a written nomination, the authority must—

(a)

remove from the relevant workers register credit for service equal to—

(i)

if the worker nominated days of credit for service—the number of days of credit for service nominated; or

(ii)

if the worker nominated a service period—the service period, or part of the service period, nominated; and

(b)

keep a record of the credit for service removed from the relevant workers register.

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