Document ID: chunk:federal_register_of_legislation:F2022L00564:clause:1_81b
Version: federal_register_of_legislation:F2022L00564
Segment Type: clause
Provision Reference: sch 1 cl 81B
Character Range: 2141–3731

81B  Reduction of benefits—members and DFRDB members with an ancillary benefit
 (1) This rule applies in relation to a member or DFRDB member if:
 (a) CSC receives a release authority issued under section 131‑15 in Schedule 1 to the Taxation Administration Act 1953 in relation to the member or DFRDB member; and
 (b) the release authority was issued for a reason other than a first home super saver determination that is made in relation to the member or DFRDB member; and
 (c) the member or DFRDB member has an ancillary benefit.
 (2) CSC must:
 (a) if the amount stated in the release authority is less than the amount of the ancillary benefit—reduce the amount of the ancillary benefit by the amount stated in the release authority; or
 (b) if the amount stated in the release authority is equal to, or more than, the amount of the ancillary benefit—reduce the amount of the ancillary benefit to nil.
 (3) The reduction of the ancillary benefit under subrule (2) must occur after the amount of the ancillary benefit is reduced by the following amounts:
 (a) any surcharge deduction amount to be paid by the member or DFRDB member;
 (b) any amount required to be transferred because of a payment split that applies in relation to the member or DFRDB member.
 (4) CSC must pay to the Commissioner of Taxation the amount by which the ancillary benefit is reduced under subrule (2).
 (5) The application of these Rules in relation to a member or DFRDB member, and in relation to a benefit, is taken to be modified to the extent (if any) necessary to ensure that this rule is given effect.