Document ID: chunk:federal_register_of_legislation:C2025C00186:section:114b:p1
Version: federal_register_of_legislation:C2025C00186
Segment Type: section
Provision Reference: s 114B (pt 1/3)
Character Range: 207103–209741

114B  Recovery of overpayment to retired employee
 (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) the MRCC is of the opinion that the retired employee may have been paid, or might be paid, amounts of compensation under this Act in excess of the amounts that he or she was entitled to receive because of section 20, 21 or 21A;
the following provisions of this section apply.
 (2) The MRCC may give written notice to the administrator of the scheme:
 (a) stating that the retired employee may receive, or may have received, an overpayment of compensation; and
 (b) requiring the administrator to tell the MRCC 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 the MRCC under subsection (5); and
 (ii) to give the MRCC, 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 lump sum as so worked out, as the case may be, that is payable to the retired employee under the superannuation scheme.
 (3) The MRCC must give to the retired employee a written notice stating that it has given a notice to the administrator of the scheme under subsection (2) and explaining how this section works.
 (4) The following provisions apply if the retired employee has not received any payment in respect of his or her entitlement referred to in paragraph (1)(b) but do not apply if all the retired employee's benefits under the scheme have been deferred.
 (5) When the MRCC receives from the administrator of the superannuation scheme particulars of the rate of pension, or the lump sum, or the rate of pension and the lump sum, payable to the retired employee, then the MRCC must, within 2 working days after receiving those particulars:
 (a) determine whether an overpayment of compensation to the employee has occurred; and
 (b) give written notice to the administrator:
 (i) if it determines that no overpayment has occurred—stating that fact; or
 (ii) otherwise—stating the amount of the overpayment and requiring the administrator to pay that