Document ID: chunk:federal_register_of_legislation:F2024C00321:reg:55:p53
Version: federal_register_of_legislation:F2024C00321
Segment Type: reg
Provision Reference: reg 55 (pt 53/83)
Character Range: 536342–539078

is paid to or for the benefit of a member, any preserved benefit that later becomes applicable in respect of that member is taken to include all of his/her accumulated member contributions and accumulated productivity contributions for the purpose of determining the available benefit options.

Final benefits must be reduced to take account of early release
12.4.5 Subject to Rule 12.4.6, if:

        (a) an early release lump sum has been paid to or for the benefit of a member; and

        (b) a benefit becomes payable to a person under the Rules at a particular time;

  the amount of the benefit to which the person is entitled to be paid at that time must be reduced to reflect the member's early release deduction amount at that time. However, the method of working out the amount of the reduction is to be determined by CSC.
12.4.6 Rule 12.4.5 does not apply if, after a payment, part or all of the member's accumulated member contributions and accumulated productivity contributions will remain in the PSS Fund.

              Note: This Rule provides that the reduction of benefits described in Rule 12.4.5 does not occur until the final benefit is paid.  For example, where a member resigns and takes part of their accumulated member contributions there would be no reduction to that benefit.  The person's benefit would be reduced at the time they take their final benefit.
12.4.7 Where a benefit becomes payable to a person and part or all of the member's accumulated member contributions and accumulated productivity contribution will remain in the PSS Fund after the payment then the amount payable to the person is to take into account the early release deduction amount.

              Note: This Rule is necessary to ensure that, where a member has had an early release amount, any funded amounts paid before the member's final benefit is paid cannot exceed the amount the member has in the PSS Fund.

Amounts payable to Commonwealth to take into account amounts paid on early release
12.4.8 To avoid doubt, if an early release lump sum has been paid to or for the benefit of a member, then the amount payable out of the PSS Fund to the Commonwealth in respect of that person's benefit, in accordance with section 16 of the Superannuation Act 1990, is reduced to take into account the early release deduction amount.

part 13 — review of decisions
Division 1

Establishing Reconsideration Advisory Committees
13.1.1 CSC will establish one or more Reconsideration Advisory Committees comprising people with such qualifications as CSC determines and may refer a decision of CSC, or of a delegate of CSC, to be considered by a Reconsideration Advisory Committee.  A member of a Reconsideration Advisory Committee may