Document ID: chunk:federal_register_of_legislation:C2004A04478:body:0:p18
Version: federal_register_of_legislation:C2004A04478
Segment Type: other
Provision Reference: 
Character Range: 44254–46970

employment together with, except where the person ceases to be both a member of the government body scheme and an eligible employee, notional interest on that benefit;

'TR' is the percentage figure representing the rate of fund contribution tax applicable to that period;

'GBPROD' is the total of:

     (a)     that part of the amount that has been paid to the Commissioner under section 110MA in respect of the person for the person's relevant period of employment less the amount in the nature of income tax (if any) that is relevant to that amount; and

   (b)     interest on the paid amount referred to in paragraph (a).

"(5) In determining the benefit paid or payable from a government body scheme in respect of a person, the Commissioner may accept a statement from the trustees, the administrator on behalf of the trustees or, if there are no trustees, the administrator of the government body scheme as to:

  (a)     the amount of benefit paid or payable; or

  (b)     the date on which it was paid or is payable; or

    (c)     the period in respect of which the benefit was paid or is payable; or

    (d)     rates of interest applicable to amounts of money paid to the scheme; or

  (e)     any other matter in connection with the payment of the benefit.

"(6) Despite anything else in this section, top-up benefit does not become payable to or in respect of a person if the Australian Government Actuary has certified that, in his or her opinion, because of the value of other benefits payable to or in respect of the person, an employer of the person while an eligible employee will not, in respect of the person for a financial year, have an individual superannuation guarantee shortfall within the meaning of the Superannuation Guarantee (Administration) Act 1992.

Application of formulae

"110SF. If a single application of a formula set out in section 110SE cannot properly be made for the whole of a person's relevant period of employment because of a change in the person's employment, the rate of fund contribution tax or any other thing:

    (a)     that period is to be broken up into such separate periods as is appropriate for the proper application of such a formula in respect of each such period; and

    (b)     the resulting amounts (including negative amounts) are to be aggregated in respect of the whole of the person's relevant period of employment.

Payment of top-up benefit—preservation

"110SG.(1) Subject to section 110SH, if top-up benefit becomes payable in respect of a person, the Commissioner must, in accordance with a nomination made by the person:

    (a)     pay the benefit, for the benefit of the person, to a preservation fund; or

    (b)     apply the