Document ID: chunk:federal_register_of_legislation:C2004A04205:body:0:p23
Version: federal_register_of_legislation:C2004A04205
Segment Type: other
Provision Reference: 
Character Range: 57902–60592

contributions of the deceased person and the accumulated employer contributions in respect of the deceased person is payable in respect of that child or those children.

Effect of election on benefits already paid

  "110tg. (1) Where a person has been paid:

    (a)     an amount or amounts by way of pension or by way of pension and lump sum benefit to which the person has become entitled under section 55 or 59 or Part VIa or an amount by way of lump sum benefit to which the person has become entitled under section 62 or Part VIa; and

    (b)     after that amount was, or those amounts were, paid, the person makes an election under section 110t;

the election does not have effect unless an amount equal to that amount or to the aggregate of those amounts, as the case requires, is paid to the Commissioner within 7 days after the date of the election or within such further period as the Commissioner, in special circumstances, allows.

"(2) Where an amount is paid to the Commissioner by a person under subsection (1), the Commissioner must pay that amount into the Consolidated Revenue Fund and there must be paid out of the Consolidated Revenue Fund (which is appropriated accordingly) into the Superannuation Fund an amount equal to so much of the amount paid to the Commissioner as is equal to the amount that was paid to the Consolidated Revenue Fund under section 112 at the time that the person ceased to be an eligible employee.".

Payment of accumulated contributions where no other benefit payable etc.

37. Section 111 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:

  "(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 equal to the person's accumulated contributions must be paid out of the Fund to his or her personal representatives or to such person or persons (if any) as the Commissioner determines.".

Payments into and out of Consolidated Revenue Fund

  38. Section 112 of the Principal Act is amended:

    (a)     by omitting from subsection (1) "sub-section (3) and (4a)" and substituting "subsections (3), (4a) and (10a)";

  (b)    by inserting after subsection (10) the following subsections:

     "(10a) Where payment of a pension to a person is postponed under subsection 110ta (2), subsection (1) does not apply in relation to the person.

     "(10b)