Document ID: chunk:federal_register_of_legislation:C2022C00264:clause:11_110se:p2
Version: federal_register_of_legislation:C2022C00264
Segment Type: clause
Provision Reference: sch 11 cl 110SE (pt 2/3)
Character Range: 423052–425630

applying subsection (3) of this section.
 (4) If the person's employer was liable to pay productivity contributions to a government body scheme in respect of the person for his or her relevant period of employment, the amount mentioned in subsection (1) is whichever of the following amounts is determined by CSC after having regard to the views of the government body:
 (a) an amount of nil;
 (b) an amount worked out using the formula:

  ;

 (c) an amount worked out using the formula:

  ;

 (d) an amount worked out using the formula:

  ;

where:
NASGC is the notional accumulated SG contributions in respect of the person for the person's relevant period of employment.
AGBC is the accumulated government body contributions in respect of the person for the relevant period of employment.
OVB is the person's other vested benefit in respect of that period.
GBB is the benefit paid or payable from the government body scheme in respect of the person for the person's relevant period of employment plus, 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 or CSC 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, CSC 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 an 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, for the person for a quarter, have an individual superannuation guarantee