Document ID: chunk:federal_register_of_legislation:C2024C00498:section:4aa:p1
Version: federal_register_of_legislation:C2024C00498
Segment Type: section
Provision Reference: s 4AA (pt 1/2)
Character Range: 15190–17861

4AA  Benefit payable where Governor‑General or surviving spouse dies on or after 1 July 2006

Scope
 (1) This section applies if:
 (a) a person who is, or has previously been, the Governor‑General dies on or after 1 July 2006 without leaving a spouse; or
 (b) a person who is, or has previously been, the Governor‑General has died leaving a spouse or spouses and:
 (i) if there was only one spouse—that spouse dies on or after 1 July 2006; or
 (ii) if there was more than one spouse—both or all of the spouses have died and the death of the last surviving spouse occurs on or after 1 July 2006;
and, on the last day on which the person held office as Governor‑General, the person was not a qualified employee (within the meaning of the Superannuation (Productivity Benefit) Act 1988).

Benefit
 (2) Subject to subsection (3), there is payable to the personal representative of the person an amount of benefit equal to the sum of the following amounts:
 (a) the total of the minimum amounts that the Commonwealth would have had to contribute to a complying superannuation fund or scheme for the benefit of the person in order to avoid having any individual superannuation guarantee shortfalls in respect of the person if it were assumed that:
 (i) the person was an employee of the Commonwealth (within the meaning of the Superannuation Guarantee (Administration) Act 1992) in his or her capacity as the Governor‑General and had never been an employee of the Commonwealth (within the meaning of that Act) in any other capacity; and
 (ii) section 4 of this Act had not been enacted; and
 (iii) those contributions were made on a monthly basis;
 (b) the interest that would have accrued on the contributions covered by paragraph (a) if it were assumed that interest on those contributions had accrued in accordance with the method set out in a determination made by the Minister under subsection (6).

Personal representatives
 (3) The amount of benefit payable to the personal representative of the person under subsection (2) is to be reduced by the sum of the amounts of the allowances (if any) that were paid to the person or any spouse of the person under section 4.
 (4) If an amount of benefit is payable under subsection (2) to the personal representative of the person and no personal representative can be found, the amount is to be paid to any individual or individuals that the Minister determines.

Appropriation
 (5) A benefit under subsection (2) is payable out of the Consolidated Revenue Fund, which is appropriated accordingly.

Interest method determination
 (6) The Minister must, by writing, determine a method for the purposes of paragraph (2)(b).
 (7)