Document ID: chunk:federal_register_of_legislation:C2024C00825:section:119d:p1
Version: federal_register_of_legislation:C2024C00825
Segment Type: section
Provision Reference: s 119D (pt 1/2)
Character Range: 320087–322690

119D  Transfer value payable in respect of previous employment
 (1) In this Division:
 (a) a reference, in relation to an employee, to a transfer value payable to or in respect of the employee under a superannuation scheme applicable in relation to any employment in which he was employed at any time before the date on which he became an employee is a reference:
 (i) in the case of the superannuation scheme constituted by the provisions of this Act relating to the Fund or by the provisions of this Act relating to the Provident Account—to a lump sum payable to the employee under section 50, a lump sum payable to the employee under section 82 where his services are terminated owing to retrenchment or a transfer value payable in respect of the employee under Division 3;
 (ii) in the case of the superannuation scheme constituted by the provisions of the Defence Forces Retirement Benefits Act 1948‑1971 and the other Acts relating to retirement benefits for members of the Defence Force—to a transfer value payable in respect of the employee under Division 3 of Part VIC of the Defence Forces Retirement Benefits Act 1948‑1971 or to a refund of contributions and a gratuity payable to the employee;
 (iia) in the case of the superannuation scheme constituted by the provisions of the Defence Force Retirement and Death Benefits Act 1973—to a transfer value payable in respect of the employee under Division 3 of Part IX of that Act or to a refund of contributions and a lump sum payable under subsection (2) of section 32 of that Act; and
 (iii) in the case of any other superannuation scheme—to a benefit by way of a lump sum payable to or in respect of the employee under that scheme upon the termination of the employment otherwise than on the ground of invalidity or of physical or mental incapacity to perform the duties of the employment, being a benefit that was based wholly upon contributions under the scheme by the employer or was based partly upon such contributions and partly upon contributions under the scheme by the employee; and
 (b) a reference to the amount of a transfer value to which subparagraph (iii) of paragraph (a) applies does not include a reference to any part of the lump sum that was based upon contributions by the employee that were of a similar nature to contributions under this Act for reserve units of pension.
 (2) If, after a transfer value became payable to or in respect of a person under a superannuation scheme, an amount equal to the whole or any part of that transfer value was paid to a person administering another superannuation scheme (not being