Document ID: chunk:federal_register_of_legislation:F2015C00404:reg:8ab:p2
Version: federal_register_of_legislation:F2015C00404
Segment Type: reg
Provision Reference: reg 8AB (pt 2/3)
Character Range: 32950–35685

a member until the amount payable under this subclause is paid; and
 (b) interest had been credited under this Determination in respect of the additional credit.
 (3A) Where a member who has been credited with productivity benefit in accordance with subclause 8AA(2), not being a member to whom subclause (1) has applied, retires and becomes entitled to invalidity benefit under subsection 32(2) of the DFRDB Act, the amount of productivity benefit credited to that member is, by force of this subclause, reduced by the amount by which the sum of:
 (a) that invalidity benefit; and
 (b) that productivity benefit;
exceeds the greater of:
 (c) an amount equal to the sum of:
 (i) the member's refunded contributions; and
 (ii) the member's lump sum payment; and
 (iii) the member's notional productivity benefit; or
 (d) an amount equal to the sum of:
 (i) the member's refunded contributions; and
 (ii) the member's additional productivity benefit; and
 (iii) the member's notional productivity benefit.
 (4) Where a member who has been credited with productivity benefit in accordance with subclause 8AA(2), not being a member to whom subclause (1) has applied, dies before his or her retirement and a pension becomes payable under Part VI of the DFRDB Act in respect of the deceased member, the amount of productivity benefit credited to that person is, by force of this subclause, reduced by the amount by which that benefit exceeds the productivity benefit which would have accrued if the person had, at all relevant times, been a member to whom subclause 8AA(3) applied.
 (5) Where a member who has been credited with productivity benefit in accordance with subclause 8AA(2), not being a person to whom subclause (1) has applied, dies before his or her retirement and a lump sum becomes payable under subsection 48(1) or 48A(1) of the DFRDB Act in respect of the deceased person, the amount of productivity benefit credited to that person is, by force of this clause, reduced by the amount by which the sum of:
 (a) that lump sum; and
 (b) that productivity benefit;
exceeds the greater of:
 (c) an amount equal to the sum of:
 (i) the amount payable in respect of the deceased member under subsection 48(1) or 48A(1) of the DFRDB Act; and
 (ii) the deceased members notional productivity benefit; or
 (d) an amount equal to the sum of:
 (i) two thirds of the amount referred to in paragraph (a); and
 (ii) the deceased member's additional productivity benefit; and
 (iii) the deceased member's notional productivity benefit.
 (6) In this clause:
additional productivity benefit, in relation to a member or deceased member, means so much of the productivity benefit credited to the member under clause 8AA as exceeds the amount of