Document ID: chunk:federal_register_of_legislation:F2024C00321:reg:55:p50
Version: federal_register_of_legislation:F2024C00321
Segment Type: reg
Provision Reference: reg 55 (pt 50/83)
Character Range: 528709–531544

January 2008, whether because his/her anniversary of birth had not yet occurred or for another reason,

CSC may vary any of the components or factors applicable to the determination of the member's benefit in the interest of maintaining equity between members.  In exercising this discretion, CSC must have reference to and is limited by the benefit that would have been applicable to the member under the Rules as if the amendments to the Rules in Clause 3 of the Twenty‑ninth Amendment of the Public Sector Superannuation Scheme Trust Deed had not come into effect.

Paying benefits to legal personal representative
12.2.2 CSC may pay all or part of a person's lump sum payment, fortnightly instalment of pension (including partial invalidity pension), or pre‑assessment payments to the legal personal representative of the person in the relevant circumstances.  In this rule, the relevant circumstances are that:
         (a) in the opinion of CSC, the person is insane; or
         (b) the person is in prison; or
         (c) for any other reason, CSC considers the circumstances appropriate.

Payment of unclaimed benefits to Commissioner of Taxation or relevant authority
12.2.4 CSC must pay a benefit which must be taken in the form of either:
         (a) a lump sum; or
         (b) a preserved benefit; or
         (c) an associate preserved benefit;
to the Commissioner of Taxation or, where required by the relevant State or Territory legislation, to the relevant State or Territory authority, if:
             (i) the benefit is taken to be unclaimed money within the meaning of the Superannuation (Unclaimed Money and Lost Members) Act 1999; and
             (ii) under that Act the amount of the benefit is required to be paid to the Commissioner of Taxation, or to the relevant State or Territory authority.

Withholding benefits
12.2.5 CSC may withhold payment of all or part of a benefit from a person who does not provide, or arrange to provide, information required by CSC to determine:
         (a) that person's entitlement to a benefit under these Rules; or
         (b) the level of benefit payable to that person under these Rules.

CSC may determine break‑up of part payments
12.2.6 Subject to any requirements of the Income Tax Assessment Act 1936 and/or the Income Tax Assessment Act 1997, CSC may determine the funded and unfunded composition of any payments of lump sums that do not represent the full lump sum entitlement of a former member, an associate or any other class of persons.

Application of the Superannuation Contributions Tax
12.2.7 If:
         (a) benefits become payable to or in respect of a person who has ceased to be a member; and
         (b) the surcharge debt account kept for the person by CSC under section 16 of the Superannuation Contributions Tax (Assessment and Collection)