Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsections (3), (4A) and (10A), the accumulated contributions of an eligible employee shall, upon his or her ceasing to be an eligible employee, be paid out of the Superannuation Fund to the Commonwealth.
(1A) Where a productivity benefit within the meaning of Part VIA becomes payable under section 110P in respect of a person, the amount of the Fund accumulated employer contributions in respect of the employee must be paid out of the Superannuation Fund to the Commonwealth.
(2) Except where otherwise provided by this Act, any payment of benefit shall be made out of the Consolidated Revenue Fund, which is appropriated accordingly.
Note: An early release lump sum is paid to or for the benefit of the person out of the Superannuation Fund (instead of the Consolidated Revenue Fund) (see subsection 79C(2)).
(3) Where a person ceases to be an eligible employee and, upon his or her so ceasing, a lump sum benefit of an amount equal to his or her accumulated contributions is payable to or in respect of him or her out of the Superannuation Fund, subsection (1) does not apply in relation to him or her.
(4A) Where a person ceases to be an eligible employee and, upon his or her so ceasing, deferred benefits become applicable in relation to him or her by virtue of Division 3 of Part IX, subsections (1) and (1A) do not apply in relation to him or her.
(5) Where a person to whom invalidity pension is payable in accordance with section 67 or 70 again becomes an eligible employee, an amount equal to the amount that was paid in respect of the person out of the Superannuation Fund to the Commonwealth upon his or her last ceasing to be an eligible employee, less an amount equal to the sum of:
(a) the amount of the person's accumulated supplementary contributions upon the person last ceasing to be an eligible employee; and
(b) the amount of the person's Fund accumulated employer contributions upon the person last ceasing to be an eligible employee;
must be paid to the Superannuation Fund out of the Consolidated Revenue Fund, which is appropriated accordingly.
(6) Subject to subsection (7), where deferred benefits applicable in relation to a person by virtue of Division 3 of Part IX cease to be so applicable upon a deferred benefit becoming payable to or in respect of the person, the accumulated contributions and Fund accumulated employer contributions of the person shall be paid out of the Superannuation Fund to the Commonwealth.
(7) Where deferred benefits applicable in relation to a person by virtue of Division 3 of Part IX cease to be so applicable upon a deferred benefit by way of a lump sum benefit equal to his or her accumulated contributions becoming payable to or in respect of him or her out of the Superannuation Fund, subsection (6) does not apply in relation to the person's accumulated contributions.
(a) a deferred benefit by way of invalidity pension is payable to a person in accordance with section 67 or 70; and
(b) the deferred benefit is cancelled under subsection 76(1) or 143(2);
an amount equal to the amount that was paid in respect of the person out of the Superannuation Fund to the Commonwealth upon that deferred benefit becoming payable to the person, less an amount equal to the sum of:
(c) the amount of the person's accumulated supplementary contributions upon that deferred benefit becoming payable to the person; and
(d) the amount of the person's Fund accumulated employer contributions upon that deferred benefit becoming payable to the person;
must be paid to the Superannuation Fund out of the Consolidated Revenue Fund, which is appropriated accordingly.
(10) Where a person makes an election under section 139A, the accumulated contributions and Fund accumulated employer contributions of the person shall be paid out of the Superannuation Fund to the Commonwealth.
(10AA) If payment of a pension and benefit (if any) to a person is postponed under subsection 110TA(1), subsection (1A) does not apply in relation to the person.
(10A) Where payment of a pension to a person is postponed under subsection 110TA(2), subsections (1) and (1A) do not apply in relation to the person.
(10AAA) If a pension the payment of which has been postponed under subsection 110TA(1) becomes payable to or in respect of a person, the person's Fund accumulated employer contributions (if any) must be paid out of the Superannuation Fund to the Commonwealth.
(10B) If a pension, being a pension the payment of which has been postponed under subsection 110TA(2), becomes payable to or in respect of a person, the accumulated contributions and Fund accumulated employer contributions of the person must be paid out of the Superannuation Fund to the Commonwealth.
(10BA) If a person who has postponed payment of a pension and benefit (if any) under subsection 110TA(1) dies and there is no beneficiary to whom a pension and benefit (if any) are payable in respect of the person, an amount equal to the person's Fund accumulated employer contributions (if any) must be paid out of the Superannuation Fund to the Commonwealth.
(10C) Where a person who has postponed payment of a pension under subsection 110TA(2) dies and a benefit by way of a lump sum benefit equal to the person's accumulated contributions becomes payable in respect of the person out of the Superannuation Fund, the person's Fund accumulated employer contributions (if any) must be paid out of the Superannuation Fund to the Commonwealth.
(10D) To avoid doubt, if an early release lump sum (within the
meaning of section 79A) has been paid to or for the benefit of a
person, then the amount payable out of the Superannuation Fund to the
Commonwealth under this section is reduced by the person's early release
deduction amount (within the meaning of that section) at that time.