Document ID: chunk:federal_register_of_legislation:F2004C00092:reg:111
Version: federal_register_of_legislation:F2004C00092
Segment Type: reg
Provision Reference: reg 111
Character Range: 38362–41312

111                  Insert in subsection (1) 'or Division 8 of Part XII' after 'Part VI'.
                     Omit subsection (2), substitute the following subsection:
                         '(2) If the total amount of the benefit or benefits (whether paid by way of instalments of a pension or as a lump sum or lump sums, or both) paid to or in respect of a person who has been an eligible employee is, at a time when no further benefit is payable under this Act to or in respect of the person, less than the relevant amount in relation to the person, an amount equal to the difference is to be paid to:
                           (a) the person; or
                           (b) if the person has died:
                              (i) the person's legal personal representative; or
                              (ii) if no legal personal representative can be found — any individual or individuals that the Board determines.'.
                     Omit subsections (4), (5), (6) and (7), substitute the following subsection:
                         '(4) In subsection (2), a reference to the relevant amount in relation to a person is a reference to:
                           (a) except if paragraph (b) applies — the sum of:
                              (i) the total of the person's accumulated contributions, and the accumulated employer contributions (if any) in respect of the person, as at the time when the person ceased to be an eligible employee; and
                              (ii) if a top-up benefit is or was calculated in respect of the person under Part VIAA but the amount of the top-up benefit is nil — the amount that would have been the top-up benefit if the person had been entitled to benefits under section 80; or
                           (b) if:
                              (i) the person, at any time before the commencing day, ceased to be an employee for the purposes of the superseded Act by reason of retirement on the ground of invalidity or physical or mental incapacity to perform his duties and, upon his so ceasing to be such a employee, became entitled to a pension under section 45 of the superseded Act or by virtue of subsection 8 (1) of the Superannuation Act 1948; and
                              (ii) the pension referred to in subparagraph (i) was cancelled under subsection 65 (3) of the superseded Act upon the person again becoming an employee for the purposes of that Act; and
                              (iii) the person did not, at any time after that pension was so cancelled and before the commencing day, cease to be such an employee;
                           the amount by which the sum of the amounts in subparagraphs (a) (i) and (ii) exceeds the amount of contributions paid by the person to the existing Fund before the person became entitled to the pension referred to in subparagraph (i).'.
                     Omit from subsection 111 (8) '(2),', substitute '(4),'.