Document ID: chunk:federal_register_of_legislation:C2022C00264:clause:11_136:p4
Version: federal_register_of_legislation:C2022C00264
Segment Type: clause
Provision Reference: sch 11 cl 136 (pt 4/12)
Character Range: 539554–542107

regard to:
 (a) the amount of any pension or lump sum benefit that would be payable to the person under subsection (2) if the person was not a former eligible employee with benefits from previous employment; and
 (b) the amount of any transfer value paid by, or in respect of, the person to the Superannuation Board or the Commissioner for Superannuation under the superseded Act; and
 (c) the number of non‑contributory units (if any) that were, under the superseded Act, applicable in relation to the person on 30 June 1976 or immediately before the person became entitled to invalidity pension (as the case may be) and the contributions that would have been paid by the person in respect of those units if they had been contributory units of pension in respect of which the person had contributed at rates based on a retiring age of 65; and
 (d) the amount of any transfer value paid by, or in respect of, the person to CSC under this Act.
 (2B) Where a deferred benefit by way of spouse's benefit or orphan benefit is payable in respect of a person other than a former eligible employee with benefits from previous employment and no child of the person is a partially dependent child, the amount of the benefit is calculated in accordance with the following provisions:
 (a) if a deferred benefit by way of spouse's pension is payable in respect of the person in accordance with section 82 or 85, the annual rate of that pension is the applicable percentage of the annual rate of the pension to which the person would have been entitled under paragraph (2)(d) if he or she had not died but had, on the day immediately following his or her death, become entitled to the deferred benefit referred to in that paragraph;
 (b) if a deferred benefit by way of a lump sum benefit is payable in respect of the person in accordance with section 82 or 85, the lump sum benefit is an amount equal to the sum of the person's accumulated employer contributions (if any) and the person's accumulated supplementary contributions;
 (ba) if:
 (i) a deferred benefit by way of spouse's pension is payable in respect of the person under section 82 or 85 but a deferred benefit by way of a lump sum benefit is not so payable; and
 (ii) productivity benefit became payable in respect of the person when he or she ceased to be an eligible employee;
  the deferred benefit is to include a lump sum benefit equal to the person's accumulated employer contributions;
 (c) if a deferred benefit by way of spouse's pension is payable in respect of the person in accordance with