Recovery of money payable to STC
91A Recovery of money payable to STC
If an employee or pensioner, spouse or de facto partner of a deceased employee or pensioner, or an employer or any other person owes money to the Fund, STC may recover that money, together with interest as provided by subsection (2), by deducting it—
in the case of money owed by an employee or pensioner—from amounts payable from the Fund—
to the employee or pensioner, or
to the spouse or de facto partner of the employee or pensioner, or
to the personal representatives of the employee or pensioner, or
in respect of the children of the employee or pensioner or of the spouse or de facto partner of the employee or pensioner, or
in the case of money owed by the spouse or de facto partner of a deceased employee or pensioner—from amounts payable from the Fund—
to that spouse or de facto partner, or
to the personal representatives of that spouse or de facto partner, or
in respect of the children of that spouse or de facto partner or the children of the deceased employee or pensioner, or
in the case of money owed by an employer—from any amounts in the Fund credited to that employer, or
in the case of money owed by any other person—from any amounts payable from the Fund to or in respect of that other person or to the personal representatives of that other person.
Interest at the rate for the time being fixed by STC under section 86A for the purposes of this section is payable—
in respect of any amount that is owed to the Fund—
by an employee or pensioner, or
by the spouse or de facto partner of a deceased employee or pensioner, or
in respect of any amount owed to the Fund by an employer in respect of a contributor or former contributor,
calculated from the date on which the amount owing became due for payment to the date on which STC receives the amount.
STC may, in such special circumstances as it may determine and in a particular case, waive payment of interest or any part of any interest that is payable under subsection (2).
The reference in subsection (2) (a) to an amount that is owed to the Fund includes a reference to a contribution, whether STC has allowed payment of the contribution to be deferred or not.
STC may recover in a court of competent jurisdiction as a debt owing to STC any money owing to the Fund, together with any interest that is payable on that money.
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