Document ID: chunk:federal_register_of_legislation:C2004A04478:body:0:p11
Version: federal_register_of_legislation:C2004A04478
Segment Type: other
Provision Reference: 
Character Range: 25974–28771

this Act exceeds the reasonable benefit limits within the meaning of the OSS Act; or

         (ii) an interim determination under section 15L of the OSS Act in relation to such a pension that has effect as if it were such a determination; and

    (b) makes a request under subsection 15S(4) of the OSS Act in relation to that pension.

  "(2) The Commissioner for Superannuation must:

     (a)     convert to a lump sum so much of the pension as exceeds those reasonable benefit limits, being a lump sum that is equal to the excess amount specified in the notice under subsection 15S(4) of the OSS Act, and pay the lump sum to the person; and

     (b)     work out the rate of pension (if any) payable to the person that would not be in excess of those limits and pay pension (if any) at that rate to the person.

"(3) The rate of pension mentioned in paragraph (2)(b) is to be worked out in accordance with rules determined by the Minister for the purposes of this section.

"(4) A determination so made by the Minister is a disallowable instrument.".

Interpretation

  20. Section 110A of the Principal Act is amended:

     (a) by omitting the definition of "designated employer" and substituting the following definitions:

     " 'designated employer', in relation to a productivity employee, means:

       (a) if the employee is a permanent employee or temporary

         employee but is not an LWOP employee or employed by an approved authority:

             (i) if the remuneration in respect of his or her employment is paid wholly or principally out of money appropriated by an annual Appropriation Act—the Department in respect of which the money is appropriated; or

              (ii) if the remuneration in respect of his or her employment is paid wholly or principally out of money appropriated by an Act other than an annual Appropriation Act—such Department as is determined by the Minister; or

         (b) if the employee is the holder of a statutory office but is not an LWOP employee:

             (i) if the remuneration in respect of that office is paid by an approved authority—that authority; or

              (ii) if subparagraph (i) does not apply—such Department or person as is determined by the Minister; or

         (c)     if the employee is employed by an approved authority but is not an LWOP employee—that authority; or

         (d)     in any other case—such person as is determined by the Minister;

     'LWOP employee' means a productivity employee who:

         (a)     is on leave of absence without pay for a period in respect of which the Board has directed, for the purposes of subsection 51(1), that that subsection does not apply; or

         (b)    is a person to whom section 51A applies and is making contributions in accordance with