An amount withheld under regulation 60 or 61—
(a) must
be retained in the Fund; and
(b) will
be adjusted from time to time by the Board, in accordance with section 13
of the Act, to reflect investment earnings on the amount; and
(c) may
be paid to the member (or the member's spouse or legal representative)—
(i)
in accordance with regulation 60 or 61; or
(ii)
at the direction of the Board if the Board—
(A) has not, within 2 years of
withholding the amount, received advice that a surcharge notice has been
issued in respect of the member; or
(B) considers, at any time, there is other
good reason for doing so.