Document ID: chunk:federal_register_of_legislation:C2022C00264:clause:11_111:p1
Version: federal_register_of_legislation:C2022C00264
Segment Type: clause
Provision Reference: sch 11 cl 111 (pt 1/3)
Character Range: 446659–449202

111  Payment of accumulated contributions where no other benefit payable etc.
 (1) Where:
 (a) a person ceases to be an eligible employee because of death; or
 (b) payment of a pension to a person is postponed under subsection 110TA(2) and the person (including a person who made an election under subsection 64(2)) dies before the pension becomes payable;
being a person in respect of whom benefit is not payable under Part VI, a lump sum benefit of an amount worked out under subsection (1A) must be paid out of the Fund to the person's legal personal representative or, if no legal personal representative can be found, to any individual or individuals that CSC determines.
 (1A) The amount of the lump sum benefit referred to in subsection (1) is:
 (a) if paragraph (b) does not apply—an amount equal to the person's accumulated contributions; or
 (b) if the person's surcharge debt account is in debit when the benefit becomes payable in respect of the person—an amount equal to the difference between the person's accumulated contributions and the person's surcharge deduction amount.
 (2) If the total amount of the benefit or benefits (whether paid by way of instalments of 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 (other than any benefit, or a part of any benefit, that, under subsection (4), (5) or (6), is to be excluded from consideration for the purposes of this subsection) is, at a time when no further benefit is payable under this Act to or in respect of the person, less than 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 or, if the person had ceased to be an eligible employee on more than one occasion, as at the time when the person last 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; and
 (ba) if a benefit is payable in respect of the person under Part VIAB—that benefit; and
 (bb) if a benefit is payable in respect of the person under Subdivision B of Division 2 of Part IX—that benefit;
an amount equal to the difference is to be paid to:
 (c) the person; or
 (d) if the person has died:
 (i) the person's legal personal representative; or