Document ID: chunk:federal_register_of_legislation:C2025C00175:section:114b:p1
Version: federal_register_of_legislation:C2025C00175
Segment Type: section
Provision Reference: s 114B (pt 1/3)
Character Range: 368940–371535

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) 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 lump sum as so worked out, as the case may be, that is payable to the retired employee under the superannuation scheme.
 (3) Comcare or the authority, as the case may be, 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 Comcare or a licensed authority 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 Comcare or the authority, as the case may be, must, within 2 working days after receiving those particulars:
 (a) determine whether