Document ID: chunk:federal_register_of_legislation:C2004A04769:body:0:p4
Version: federal_register_of_legislation:C2004A04769
Segment Type: other
Provision Reference: 
Character Range: 8594–11652

(a) by omitting paragraph (2)(b) and substituting the following paragraph:

      "(b) in any other case—the greater of the following:

           (i) a refund of his or her contributions together with a payment of the Commonwealth supplement;

           (ii) the superannuation guarantee safety-net amount.";

  (b) by inserting after subsection (2) the following subsection:

    "(2AA) If the amount referred to in subparagraph (2)(b)(i) is equal to the amount referred to in subparagraph (2)(b)(ii), paragraph (2)(b) has effect as if the amount referred to in subparagraph (2)(b)(i) were greater than the amount referred to in subparagraph (2)(b)(ii).";

    (c) by omitting from subsection (4) all the words after "shall be" and substituting the following words and paragraphs:

     "the greater of the following:

        (a) a refund of his or her contributions together with a payment of 50% of the Commonwealth supplement;

      (b) the superannuation guarantee safety-net amount.";

  (d) by inserting after subsection (4) the following subsection:

    "(5) If the amount referred to in paragraph (4)(a) is equal to the amount referred to in paragraph (4)(b), subsection (4) has effect as if the amount referred to in paragraph (4)(a) were greater than the amount referred to in paragraph (4)(b).".

Benefits payable to personal representative

  8. Section 19AB of the Principal Act is amended:

    (a) by omitting from subsection (1) all the words after "by which" and substituting the following words and paragraphs:

     "the greater of the following:

      (c) the sum of:

           (i) the contributions paid by the deceased person; and

           (ii) the Commonwealth supplement in relation to the deceased person;

        (d) the superannuation guarantee safety-net amount in relation to the deceased person;

     exceeds the sum of any benefits under this Act paid to, or accrued due to, the deceased person before the death of that person.";

  (b) by inserting after subsection (1) the following subsection:

     "(1A) If the amount referred to in paragraph (1)(c) is equal to the amount referred to in paragraph (1)(d), subsection (1) has effect as if the amount referred to in paragraph (1)(c) were greater than the amount referred to in paragraph (1)(d).";

  (c) by omitting paragraph (2)(b) and substituting the following paragraph:

      "(b) the greater of the following:

        (i) the sum of:

          (A) the contributions paid by the deceased person; and

             (B) the Commonwealth supplement in relation to the deceased person;

          (ii) the superannuation guarantee safety-net amount in relation to the deceased person;

     exceeds the sum of any benefits under this Act:

          (iii) paid to, or accrued due to, the deceased person before the death of that person; or

       (iv) paid or payable to:

             (A) a spouse of the deceased person; or

             (B) a child or children of the deceased person or of a spouse, or former spouse, of the deceased person;";

  (d)