Document ID: chunk:federal_register_of_legislation:C2004A03971:section:365:p8
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 365 (pt 8/34)
Character Range: 147985–150685

employee.

"(3) Where the Commissioner is satisfied that:

    (a) a productivity employee is to be, or was, a member of a superannuation scheme during a period; and

    (b) the scheme provides for a productivity related benefit in respect of the employee;

the Commissioner may, by notice in writing given to the employee's designated employer, waive the obligation of the employer under subsection (1) in respect of the employee during that period.

Source of productivity contributions

"110j. A designated employer of a productivity employee may pay productivity contributions in respect of the employee out of any money under the employer's control that is available for the purpose.

Repayments of interim benefits

"110k. (1) Subject to subsection (2), where, before 1 July 1990, a productivity employee received, or became entitled to receive, an interim benefit within the meaning of the Superannuation (Productivity Benefit) Act 1988 without ceasing to be an eligible employee:

    (a) where the benefit has neither been preserved in a fund nor used to buy a deferred annuity—the employee may pay to the Commissioner all or part of the amount of that benefit; or

    (b) where the benefit has been preserved in a fund—all or part of the amount of that benefit may be transferred , or paid, to the Commissioner; or

    (c) where the benefit has been used to buy a deferred annuity that has not become payable and an amount has been received by the employee because of the annuity—the employee may pay to the Commissioner the amount received.

"(2) A payment to the Commissioner may only be made within the period of 3 months commencing on 1 July 1990 or such longer period as the Commissioner allows for the particular payment.

Payments of certain benefits to Fund by new productivity employees

"110l. (1) Subject to subsection (2), where a person who becomes a productivity employee became entitled to receive from a superannuation scheme an amount by way of a productivity related benefit:

    (a) where the benefit has neither been preserved in a fund nor used to buy a deferred annuity—the person may pay to the Commissioner all or part of the amount of that benefit; or

    (b) where the benefit has been preserved in a fund—all or part of the amount of that benefit may be transferred, or paid, to the Commissioner; or

    (c) where the benefit has been used to buy a deferred annuity that has not become payable and an amount has been received by the person because of the annuity—the employee may pay to the Commissioner the amount received.

"(2) A payment to the Commissioner may only be made within the period of 3 months commencing on the day on which the person became