Document ID: chunk:federal_register_of_legislation:C2004A04907:body:0:p17
Version: federal_register_of_legislation:C2004A04907
Segment Type: other
Provision Reference: 
Character Range: 41170–43816

under that Part.

"(4) If the benefit would have been payable under Division 3 of Part IX, deferred benefits continue to be applicable in respect of the person until:

    (a) the 65th anniversary of the person's birth; or

    (b) if, before that anniversary, the person reaches the 55th anniversary of his or her birth and provides the Board with a statement to the effect that he or she has retired from the workforce—the day on which the statement is provided.".

101. Subsection 111(1):

Omit "his or her personal representatives or to such person or persons (if any) as the Board determines", substitute "the person's legal personal representative or, if no legal personal representative can be found, to any individual or individuals that the Board determines".

SCHEDULE 2—continued

102. Subsection 111(2):

Omit, substitute:

"(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;

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

        (ii) if no legal personal representative can be found—any individual or individuals that the Board determines.".

103. Subsection 111(8):

Omit.

104. Subsection 115(2):

Omit "he" (wherever occurring), substitute "it".

105. Section 116:

Omit "be made to a person other than the person who would be so entitled to the payment, the Board may authorise the payment to be made to another person, and payment shall be made to the other person accordingly", substitute "not be made to the person, the Board may authorise the payment