Document ID: chunk:federal_register_of_legislation:C2004A03971:section:365:p10
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 365 (pt 10/34)
Character Range: 152880–155635

referred to in paragraph (c); and

    (e) where an amount has been paid or transferred to the Commissioner under section 110k, 110l or 110m in respect of the employee, other than an amount to which subsection 110n (2) applies—the amount paid or transferred; and

    (f) interest on the paid or transferred amount referred to in paragraph (e).

"(2) For the purposes of paragraph (1) (c), where deferred benefits became applicable in respect of a person on the person ceasing to be an eligible employee, the person is taken not to have so ceased.

Payment of productivity benefit

"110r. (1) Subject to subsection (2), where a productivity benefit becomes payable in respect of a person:

(a) because the person:

(i) retired on or after attaining his or her maximum retirement age; or

       (ii) retired or resigned on or after attaining the age of 60 years but before attaining his or her maximum retirement age; or

       (iii) where the person has attained the age of 55 years—is deemed, under subsection 58 (2), to have retired voluntarily; or

       (iv) where the person has attained the age of 55 years and has not made an election under section 137—is deemed, under subsection 58 (3), to have retired involuntarily; or

(b) because of the person's retirement on the ground of invalidity; the benefit is payable to the person.

"(2) Where:

    (a) subparagraph (1) (a) applies; and

    (b) the person is entitled to receive an additional age retirement pension or an additional early retirement pension; and

    (c) the person has not made an election under section 64 to commute his or her pension into a lump sum benefit;

the person may elect to have applied, for the provision of additional age retirement pension or additional early retirement pension, so much of the productivity benefit as will not result in the base amount within the meaning of section 57 or 61 (whichever is applicable) being greater than the maximum amount within the meaning of section 57 or 61 (whichever is applicable).

"(3) Where a person has, under subsection (2), elected to have the benefit applied for the provision of additional age retirement pension or additional early retirement pension and, after it has been so applied, that pension is commuted under section 64, any part of the productivity

benefit applied for the provision of the additional pension is taken to be accumulated contributions.

"(4) Subject to subsections (5), (6), (7) and (9), where:

    (a) productivity benefit becomes payable in respect of a person because the person, before attaining the age of 55 years, has retired involuntarily; and

    (b) the person has not elected to preserve his or her superannuation rights under section 137;

the benefit:

    (c) where the