Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If:
(a) benefits under this Act become payable to or in respect of a person who has held office as a member; and
(b) the person's surcharge debt account is in debit when those benefits become so payable;
the Trust must determine in writing the surcharge deduction amount that, in its opinion, it would be fair and reasonable to take into account in working out the amount of those benefits.
(2) In making the determination, the Trust must have regard to the following:
(a) the amount by which the person's surcharge debt account is in debit when those benefits become payable;
(b) the value of the employer - financed component of those benefits;
(c) 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 person, were assumed to be likely to be payable to the person under this Act on his or her ceasing to hold office as a member;
(d) whether the person has or had qualified for his or her maximum benefit entitlement under this Act;
(e) any other matter that the Trust considers relevant.
(3) The amount determined by the Trust may not be more than the total of the following amounts:
(a) 15% of the employer - financed component of any part of the benefits payable to the person that accrued between 20 August 1996 and 1 July 2003;
(b) 14.5% of the employer - financed component of any part of the benefits payable to the person that accrued in the 2003 - 2004 financial year;
(c) 12.5% of the employer - financed component of any part of the benefits payable to the person that accrued in the 2004 - 2005 financial year.
(4) Reductions under Division 3 of Part VAA are to be disregarded in applying subsection (3).