Document ID: chunk:federal_register_of_legislation:C2022C00264:clause:11_4:p1
Version: federal_register_of_legislation:C2022C00264
Segment Type: clause
Provision Reference: sch 11 cl 4 (pt 1/2)
Character Range: 562286–564912

4                      If, at that time, more than 3 children of the person are eligible children  100%                                                108%

 (3) Where a deferred benefit becomes applicable in accordance with this Division in respect of a person who has ceased to be an eligible employee and to whom section 54 applied, and:
 (a) at the time when he or she ceased to be an eligible employee he or she had not ceased to be an eligible member of the Defence Force as defined by subsection 3(1) of the Defence Force Retirement and Death Benefits Act; or
 (b) at the time when the deferred benefit became applicable, a deferred benefit or retirement pay also became applicable in respect of him or her under that Act;
then, any period during which his or her liability to make contributions under this Act was deferred under section 54 of this Act shall be disregarded in determining the amount of the first‑mentioned deferred benefit and he or she is not required or permitted to pay the amount of those deferred contributions.
 (3A) A person:
 (a) who is entitled to a deferred benefit referred to in paragraph (2)(b); and
 (b) whose surcharge debt account is in debit when the benefit becomes payable to him or her;
may, not later than 3 months after, but not earlier than 3 months before, the benefit becomes payable, by notice in writing given to CSC, elect that the benefit be adjusted to take the person's surcharge deduction amount into account.
 (3B) A person:
 (a) who, by virtue of an election (first election) under this Act, is entitled to a deferred benefit referred to in paragraph (2)(c) or (g); and
 (b) whose surcharge debt account is in debit when the benefit becomes payable to him or her;
may, within the period during which the first election may be made, elect in writing that the surcharge deduction amount in relation to him or her not be deducted from any deferred benefit payable by way of pension to the person.
 (4) Where:
 (a) a person ceases to be an eligible employee and, upon his or her so ceasing, deferred benefits become applicable in relation to him or her under this Division;
 (b) those deferred benefits cease to be applicable in relation to the person upon a deferred benefit by way of invalidity benefit becoming payable to him or her in accordance with section 67, 68, 70 or 71; and
 (c) his or her entitlement to the deferred benefit is cancelled under subsection 143(2) and deferred benefits again become applicable in relation to him or her;
this subsection applies to the person.
 (5) The regulations may make provision for modifying this Act, or a provision of this