Document ID: chunk:federal_register_of_legislation:C2004A04478:body:0:p12
Version: federal_register_of_legislation:C2004A04478
Segment Type: other
Provision Reference: 
Character Range: 28533–31397

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 an election made under subsection (3) of that section;";

    (b) by omitting "or includes" from the definition of "productivity related benefit" and substituting "or is worked out by reference to".

Rate of salary

21.     Section HOB of the Principal Act is amended by inserting "the rate of salary that, for the purposes of section 46, was" after "is taken to be".

22.     After section 110M of the Principal Act the following section is inserted:

Payments of productivity related benefits to Fund by certain eligible employees

  "110MA.(1) If:

   (a) an eligible employee, while an eligible employee but not a

     productivity employee, has been a member of a government body scheme within the meaning of Part VIAA that provided for a productivity related benefit in respect of the eligible employee; and

    (b) an amount is paid to or in respect of the eligible employee by way of that benefit;

the eligible employee may pay that amount to the Commissioner.

"(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 or in respect of the employee or such longer period as the Commissioner allows for the particular payment.".

Commissioner to pay Fund

  23.(1) Section HON of the Principal Act is amended:

    (a)     by omitting from subsection (1) "110L or 110M" and substituting "110L, 110M or 110MA";

  (b)    by omitting subsection (2).

(2) An amount that was a supplementary contribution because of the operation of subsection 110N(2) of the Principal Act, as in force before the commencement of this section, continues to be a supplementary contribution despite the amendments made by paragraph (1)(b).

Accumulated employer contributions

24. Section 110Q of the Principal Act is amended by omitting paragraph (1)(e) and substituting the following paragraph:

     "(e) if an amount has been paid or transferred to the Commissioner under section 110K, 110L, 110M or 110MA in respect of the employee—the amount paid or transferred less such amount (if any) in the nature of income tax that is relevant to that amount; and".

Payment of productivity benefit

  25. Section 110R of the Principal Act is amended:

     (a)     by inserting in paragraph (4)(c) "aggregate" after "amount of the";

     (b)    by inserting in paragraph (4)(d) "aggregate" after "amount of the";

     (c)     by inserting in paragraph (4A)(c) "aggregate" after "amount of the";

     (d)    by inserting in paragraph (4A)(d) "aggregate" after "amount of the";

     (e)     by omitting paragraph (7)(b) and substituting the following paragraph: