Document ID: chunk:federal_register_of_legislation:C2004A03971:section:365:p9
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 365 (pt 9/34)
Character Range: 150458–153118

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 a productivity employee or such longer period as the Commissioner allows for the particular payment.

Payments of certain benefits to Fund by productivity employees

"110m. (1) Where a productivity employee:

    (a) has, while such an employee, been a member of a superannuation scheme that provided for a productivity related benefit in respect of the employee; and

    (b) is paid an amount by way of that benefit;

he or she may pay to the Commissioner all or part of the amount.

"(2) A payment to the Commissioner may only be made within the period of 3 months commencing on the day on which the amount was paid to the employee or such longer period as the Commissioner allows for the particular payment.

Commissioner to pay Fund

"110n. (1) The Commissioner must pay to the Fund all amounts received by him or her under section 110h, 110k, 110l or 110m.

"(2) Where a productivity employee pays an amount to the Commissioner under section 110k, 110l or 110m, being an amount that:

    (a) before the payment, has neither been preserved in a fund nor used to buy a deferred annuity; and

    (b) is not required by a law or industrial award to be preserved in a fund or used to buy a deferred annuity;

the amount is, for the purposes of this Act, taken to be an amount of supplementary contributions paid by the employee under this Act.

Productivity benefit

"110p. Where a person:

    (a) ceases to be an eligible employee; and

    (b) was a productivity employee immediately before so ceasing or earlier;

a productivity benefit, equal to the accumulated employer contributions in respect of the person, becomes payable in respect of the person.

Accumulated employer contributions

"110q. (1) For the purposes of this Act, the accumulated employer contributions in respect of a person who ceases to be an eligible employee are the sum of:

    (a) an amount equal to the sum of the productivity contributions paid or payable in respect of the person; and

    (b) interest on that amount; and

    (c) where the person was an eligible employee on, and at all times after, 30 June 1990—an amount equal to his or her notional interim benefit; and

    (d) interest on the amount 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