Document ID: chunk:federal_register_of_legislation:F2004C00098:reg:111
Version: federal_register_of_legislation:F2004C00098
Segment Type: reg
Provision Reference: reg 111
Character Range: 44853–46728

111                  Insert in subsection (1) 'or Division 9 of Part XII' after 'Part VI'.

                     Omit subsection (2), substitute the following subsection:
                      '(2) If the total amount of the benefit or benefits (whether paid by way of instalments of a pension or as a lump sum or lump sums, or both) paid to or in respect of a person who has been an eligible employee (being a person who was, immediately before becoming an eligible employee, an existing invalidity pensioner) is, at a time when no further benefit is payable under this Act to or in respect of the person, less than the relevant amount in relation to the person, an amount equal to the difference is to be paid to:
                      (a) the person; or
                      (b) if the person has died:
                      (i) the person's legal personal representative; or
                      (ii) if no legal personal representative can be found — any individual or individuals that the Board determines.'.
                     Omit subsections (4), (5), (6) and (7), substitute the following subsection:

                      '(4) In subsection (2), a reference to the relevant amount in relation to a person is a reference to the amount by which the sum of:
                      (a) the total of the person's accumulated contributions, and the accumulated employer contributions (if any) in respect of the person, as at the time when the person ceased to be an eligible employee; and
                      (b) if a top-up benefit is or was calculated in respect of the person under Part VIAA but the amount of the top-up benefit is nil — the amount that would have been the top-up benefit if the person had been entitled to benefits under section 80;
                     exceeds the amount paid to the fund in respect of the person under subsection 180 (4).'.