Document ID: chunk:federal_register_of_legislation:F2024C00321:reg:55:p49
Version: federal_register_of_legislation:F2024C00321
Segment Type: reg
Provision Reference: reg 55 (pt 49/83)
Character Range: 526222–528960

pension benefit with a lump sum payment,  such conditions as CSC thinks fit are met for the repayment or offsetting of pension instalments paid that are no longer payable; and
         (c) if the request is to replace a transfer of benefits to an eligible superannuation scheme under Rule 6.8.6 or 6.8.7, such conditions as CSC thinks fit are met to achieve an equitable substitution of that benefit option.
12.1.5A For the purposes of Rules 12.1.4 and 12.1.5, a person who has been paid a benefit in accordance with Rule 8.2.1 is to be treated as having made a benefit choice under Rule 8.2.1.

Cancelling a commutation election
12.1.6 If:
         (a) a person makes an election under Rules 15.1.1, 15.2.1 or 15.3.1; and
         (b) no payment has been made in accordance with the election; and
         (c) CSC is satisfied that the election should be cancelled;
CSC may direct that the election is to be cancelled and, if it so directs, these Rules have effect as if the election had not been made.

Note:
 Rule 12.1.3 covers the situation where a former member or former preserved benefits member dies before choosing a benefit option and any payment resulting from a choice made on behalf of him/her is the former member's entitlement, not the entitlement of the person making the choice.
 This is different to the situation where a member or preserved benefits member dies. Payments made in this situation are the entitlement of the person receiving the payment, except where payment is made to a legal representative.
Division 2

Benefits in unusual circumstances
12.2.1 If, in a particular case, CSC is of the opinion that:
         (a) the operation of the Rules would otherwise produce a result that is not in the spirit of the Rules; and
    (b) the circumstances of the case are unusual or exceptional;

CSC may, having regard to the principles in the Rules and the need for equity between members, preserved benefit members and associates, vary any of the components or factors applicable in the determination of benefits, whether or not any benefit is immediately payable.

Transitional arrangements for benefits in relation to members who were maximum benefits members immediately before 1 January 2008
12.2.1A If a benefit becomes payable to a member and:
         (a) the member was a maximum benefits member immediately before 1 January 2008; and
         (b) the member's annual rate of salary for average salary purposes had remained at the same level it was at 1 January 2008, whether because his/her anniversary of birth had not yet occurred or for another reason,

CSC may vary any of the components or factors applicable to the determination of the member's benefit in the interest of maintaining equity between