Document ID: chunk:federal_register_of_legislation:C2022C00264:clause:11_140
Version: federal_register_of_legislation:C2022C00264
Segment Type: clause
Provision Reference: sch 11 cl 140
Character Range: 572295–574616

140  Person who is entitled to rights under Division not entitled to rights under other provisions of Act
 (1) If section 138 or 139 applies in relation to a person, any benefit that, but for this Division, would be payable to or in respect of the person under this Act upon his or her ceasing to be an eligible employee is not payable except where that benefit is payable by virtue of the operation of this Division.
 (2) If:
 (a) a person referred to in subsection 137(1) is:
 (i) if paragraph 137(1)(a) applies—a person who has been paid an amount by way of lump sum benefit to which the person became entitled under section 80, Part VIA, VIAA, VIAB or VID or Subdivision B of Division 2 of Part IX; or
 (ii) if paragraph 137(1)(b) applies—a person who has been paid:
 (A) an amount or amounts by way of pension or by way of pension and lump sum benefit to which the person became entitled under section 55 or 59, Part VIA or VIAB or Subdivision B of Division 2 of Part IX; or
 (B) an amount by way of lump sum benefit to which the person became entitled under section 62, Part VIA, VIAB or VID or Subdivision B of Division 2 of Part IX; and
 (b) after the payment, preservation or application, as the case may be, of the amount, or those amounts, the person makes an election under section 137;
the election does not have effect unless an amount equal to that amount or the aggregate of those amounts, as the case requires, is paid to CSC within 7 days after the date of the election or within such further period as CSC, in special circumstances, allows.
 (3) Where an amount is paid to CSC by a person under subsection (2), CSC shall pay that amount to the Commonwealth and there shall thereupon be paid out of the Consolidated Revenue Fund (which is appropriated accordingly) into the Superannuation Fund:
 (a) if the person is a person to whom paragraph 137(1)(a) applies—an amount equal to the amount paid to CSC less any part of that amount that is:
 (i) an amount of a kind referred to in paragraph 110Q(1)(c) or (d); or
 (ii) an amount of superannuation guarantee top‑up benefit; or
 (b) if the person is a person to whom paragraph 137(1)(b) applies—the portion of the amount paid to CSC that was paid to the Commonwealth under section 112 at the time that the person last ceased to be an eligible employee.