Document ID: chunk:federal_register_of_legislation:C2022C00264:clause:11_128:p4
Version: federal_register_of_legislation:C2022C00264
Segment Type: clause
Provision Reference: sch 11 cl 128 (pt 4/5)
Character Range: 501921–504577

(4A) in order to satisfy whichever of the following (if any) is applicable to the benefit:
 (a) the superannuation fund conditions applicable under the provisions of the Occupational Superannuation Standards Act 1987, as those provisions:
 (i) apply to a year of income of a fund earlier than the 1994‑95 year of income; or
 (ii) continue to apply, despite their repeal, because of the Occupational Superannuation Standards Amendment Act 1993;
 (b) the SIS Act.
 (5) There shall be added to the period that, but for this subsection, would be his or her period of contributory service, such period as CSC determines as being appropriate, having regard to:
 (a) the employer component of the transfer value; and
 (b) such other matters as CSC considers relevant and such matters (if any) as are prescribed.
 (6) For the purposes of this section:
 (a) the employee component of a transfer value payable to or in respect of a person is the part (if any) of that transfer value that was based upon contributions made by the person; and
 (b) the employer component of a transfer value payable to or in respect of a person is the part of that transfer value that was based upon contributions by an employer or employers of the person other than:
 (i) an amount that was a productivity related benefit within the meaning of Part VIA or, if the transfer value payable to or in respect of the person does not include such an amount, an amount equal to the notional productivity amount; or
 (ii) an amount that was the person's accumulated employer contributions included in a transfer value that was payable under Division 3 of Part IX to the person; or
 (iii) if a benefit is payable in respect of the person under Part VIAB—an amount equal to the employer component of that benefit.
 (7) If CSC gives under subsection 157(3) a direction to cancel an election made by an eligible employee under subsection (1) of this section, CSC must make such arrangements as it considers appropriate, taking into account the requirements of the SIS Act, for making payments out of the Superannuation Fund and the Consolidated Revenue Fund by way of dealing with the transferred amount (including the payment of interest on any part of that amount that was paid into the Superannuation Fund).
 (7A) If, under an arrangement made by CSC under subsection (7), an amount has to be paid out of the Consolidated Revenue Fund, the Consolidated Revenue Fund is appropriated for the purpose of the payment.
 (8) For the purposes of subparagraphs (2)(c)(i) and (6)(b)(i), the notional productivity amount, in relation to a transferred amount or a transfer value, is the amount equal to 3%