Preservation of portion of benefit
62B Preservation of portion of benefit
If a benefit is payable to a person under subsection 62(2), the portion of that benefit worked out under whichever of subsections (3) and (4) of this section applies is to be treated as a preserved benefit under the SIS Act and dealt with accordingly.
If a person’s employer was liable to pay productivity contributions under section 110H in respect of the person for the person’s relevant period of employment, the portion of the benefit referred to in subsection (1) is the amount worked out using the formula:
Start formula NASGC minus start fraction AEC times 100 over open bracket 100 minus TR close bracket end fraction end formula where:
NASGC is the notional accumulated SG contributions in respect of the person for the person’s relevant period of employment.
AEC is that part of the accumulated employer contributions in respect of the person that is based on the operation of paragraphs 110Q(1)(a) and (b) in relation to productivity contributions paid or payable after 30 June 1994.
TR is the percentage figure representing the rate of fund contribution tax applicable to the relevant period of employment.
If a person’s employer was liable to pay productivity contributions to a government body scheme in respect of the person for the person’s relevant period of employment, the portion of the benefit referred to in subsection (1) is whichever of the following amounts is determined by CSC after having regard to the views of the government body:
an amount worked out using the formula:
Start formula NASGC minus AGBC end formula;
an amount worked out using the formula:
;
an amount worked out using the formula:
;
where:
NASGC is the notional accumulated SG contributions in respect of the person for the person’s relevant period of employment.
AGBC is the accumulated government body contributions in respect of the person for the person’s relevant period of employment.
GBB is the benefit paid or payable from the government body scheme in respect of the person for the person’s relevant period of employment plus, except where the person ceases to be both a member of the government body scheme and an eligible employee, notional interest on that benefit.
TR is the percentage figure representing the rate of fund contribution tax applicable to the relevant period of employment.
GBPROD is the total of:
that part of the amount that has been paid to the Commissioner or CSC under section 110MA in respect of the person for the person’s relevant period of employment less the amount in the nature of income tax (if any) that is relevant to that amount; and
interest on the paid amount referred to in paragraph (a).
In determining the benefit paid or payable from a government body scheme in respect of a person, CSC may accept a statement from the trustees, the administrator on behalf of the trustees or, if there are no trustees, the administrator of the government body scheme as to:
the amount of benefit paid or payable; or
the date on which it was paid or is payable; or
the period in respect of which the benefit was paid or is payable; or
rates of interest applicable to amounts of money paid to the scheme; or
any other matter in connection with the payment of the benefit.
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