Document ID: chunk:federal_register_of_legislation:C2025C00186:section:114b:p2
Version: federal_register_of_legislation:C2025C00186
Segment Type: section
Provision Reference: s 114B (pt 2/3)
Character Range: 209473–212041

compensation to the employee has occurred; and
 (b) give written notice to the administrator:
 (i) if it determines that no overpayment has occurred—stating that fact; or
 (ii) otherwise—stating the amount of the overpayment and requiring the administrator to pay that amount to the MRCC in accordance with this section.
 (6) The MRCC must not reduce the rate or amount of compensation payable to the retired employee under this Act until it has given to the administrator of the superannuation scheme the notice referred to in subsection (5).
 (7) The amount to be stated in the notice under subparagraph (5)(b)(ii) is the amount by which the sum of the amounts of any compensation paid after the retirement of the employee exceeds the sum of the amounts of compensation that should have been paid because of section 20, 21 or 21A, as the case requires.
 (8) The administrator of the superannuation scheme is to pay the amount of the overpayment of compensation to the MRCC in accordance with subsections (9) and (10) out of the payments of pension or of a lump sum that would otherwise have been made by the administrator to the retired employee.
 (9) If the amount of any payment of pension or of a lump sum that would otherwise have been made by the administrator to the relevant employee on any day is less than or equal to the adjusted overpayment worked out as at that day, that amount is to be paid by the administrator to the MRCC instead of to the retired employee.
 (10) If the amount of any payment of pension or of a lump sum that would otherwise have been made by the administrator to the relevant employee on any day is greater than the adjusted overpayment worked out as at that day, so much of that amount as is equal to that adjusted overpayment is to be paid by the administrator to the MRCC instead of to the retired employee.
 (11) For the purposes of subsections (9) and (10), the adjusted overpayment as at a particular day is the amount of the original overpayment less any amounts that have been paid by the administrator to the MRCC before that day in reduction of the original overpayment.
 (12) The payment by the administrator of an amount to the MRCC under a notice given under subsection (5) discharges, to the extent of that amount:
 (a) the liability of the administrator to pay that amount to the retired employee; and
 (b) the liability of the employee to pay that amount to the MRCC.
 (13) The administrator of a superannuation scheme must comply with a requirement made of the administrator under this section by the MRCC. However,