Defence Force Retirement and Death Benefits Act 1973

If:

benefits become payable to or in respect of a member of the scheme; and

the member’s surcharge debt account is in debit when those benefits become so payable;

In making the determination, CSC must have regard to the following:

the amount by which the member’s surcharge debt account is in debit when those benefits become payable;

the value of the employer‑financed component of those benefits;

the value of the benefits that, for the purpose of working out (under the Superannuation Contributions Tax (Assessment and Collection) Act 1997) the notional surchargeable contributions factors applicable to the member, were assumed to be likely to be payable to the member on his or her retirement;

whether the member has or had qualified for his or her maximum benefit entitlement under this Act;

any other matter that CSC considers relevant.

The amount determined by CSC may not be more than the total of the following amounts:

15% of the employer‑financed component of any part of the benefits payable to the member that accrued between 20 August 1996 and 1 July 2003;

14.5% of the employer‑financed component of any part of the benefits payable to the member that accrued in the 2003‑2004 financial year;

12.5% of the employer‑financed component of any part of the benefits payable to the member that accrued in the 2004‑2005 financial year.

Reductions under Division 3 of Part VIA are to be disregarded in applying subsection (3) of this section.