Document ID: chunk:federal_register_of_legislation:C2004A04664:schedule:4:p6
Version: federal_register_of_legislation:C2004A04664
Segment Type: schedule
Provision Reference: sch 4 (pt 6/13)
Character Range: 29311–32030

is receiving, or is entitled to receive, compensation under this Act; and

     (b) the appropriate officer in relation to the employee becomes aware that the employee has retired from his or her employment;

then, as soon as practicable after becoming so aware, the officer must give written notice to Comcare stating that the employee has retired and the date of the retirement and identifying the superannuation scheme of which the employee was a member at the time of his or her retirement.

  "(2) In this section:

'appropriate officer', in relation to an employee, means:

     (a) if the employee is employed in a Department—the Secretary of that Department; or

     (b) if the employee is employed by the Commonwealth otherwise than in a Department—a person prescribed by the regulations; or

     (c) if the employee is employed by a Commonwealth authority—the principal officer of that authority;

'Department' has the same meaning as in the Public Service Act 1922;

'Secretary' has the same meaning as in the Public Service Act 1922.

Recovery of overpayment to retired employee

  "114B.(1) If:

  (a) an employee retires from his or her employment; and

    (b) the retired employee is or may be entitled to a pension or a lump sum, or both a pension and a lump sum, under a superannuation scheme; and

    (c) Comcare or a licensed authority is of the opinion that it may pay, or may have paid, to the retired employee an amount or amounts of compensation under this Act in excess of the amount or amounts that he or she was entitled to receive because of section 20, 21 or 21A;

the following provisions of this section apply.

"(2) Comcare or the authority, as the case may be, may give written notice to the administrator of the scheme:

    (a) stating that Comcare or the authority may make, or may have made, an overpayment of compensation to the retired employee; and

     (b) requiring the administrator to tell Comcare or the authority whether the retired employee has received any payment in respect of his or her entitlement referred to in paragraph (1)(b) or whether all the retired employee's benefits under the scheme have been deferred; and

     (c) requiring the administrator, if the retired employee has not received any such payment (unless all the retired employee's benefits under the scheme have been deferred):

        (i) not to pay any pension or lump sum to the retired employee until the administrator receives a notice from Comcare or the authority under subsection (5); and

        (ii) to give Comcare or the authority, as soon as practicable, particulars of the rate of pension, or the lump sum worked out as at the date of retirement, or the rate of pension and the