Tasmanian Numbered Regulations
[Index]
[Table]
[Search]
[Search this Regulation]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
RETIREMENT BENEFITS REGULATIONS 2005 (S.R. 2005, NO. 77) - REG 107
Payments to Fund by Minister and prescribed authorities
(1) Where a benefit is payable under these regulations, the Minister or
a prescribed authority is to pay such proportion of that benefit as is
provided by this regulation.
(2) The payment in the case of a person who receives (a) a
lump sum benefit from the Fund under regulation 47 , 50 , 51 , 53 or 101
or, if such a benefit is converted to a pension under regulation 79 ,
that pension; or
(b) an interim invalidity pension payable under
regulation 57 ; or
(c) an interim pension payable under
regulation 58
is to be an amount in respect of each pension
or lump sum payment equal to the proportion determined under
regulation 106(2) of the lump sum or pension that would have been payable
if the person had always contributed at the basic contribution rate.
(3) The payment in the case of a person who is paid a lump sum benefit
from the Fund under regulation 54 is to be an amount equal to
(a) if the person is a contributor to whom regulation 48 refers
who (i) becomes entitled to an amount under regulation 45 ;
and
(ii) ceases to be a contributor otherwise than by reason of a prescribed
arrangement
the whole of the amount, less the sum payable from the
Fund under regulation 54(4)(a) ; or
(b) if the person ceases to be a
contributor as a result of a prescribed arrangement and is entitled to both a
benefit under regulation 48 and an amount under regulation 54(9)(a)
, the total benefit payable under regulation 48 less the amount payable
from the Fund under regulation 54(4)(a) ; or
(c) if the person ceases to
be a contributor as a result of a prescribed arrangement and is entitled to a
benefit under regulation 49 and an amount under regulation 54(13) ,
the total benefit payable under regulation 49 that exceeds the balance of
his or her account under regulation 42 ; or
(d) if the person ceases to
be a contributor in accordance with regulation 52 and becomes entitled to
a benefit payable under regulation 54(11) , the whole of the benefit that
is in excess of the balance standing to the credit of the contributor's
account under regulation 42 .
(4) The payment in the case of a person entitled to a lump sum benefit
which becomes payable under regulation 67 is to be an amount equal to the
whole of that lump sum benefit.
(5) The payment in the case of a person entitled to a pension continued
or payable under Schedule 5 is to be an amount calculated as a percentage of
the pension, which is to be the same percentage that the Minister or
prescribed authority was contributing towards that pension or benefit
immediately before the commencement day.
(6) The payment in the case of a person who receives a pension payable
under regulation 81 is to be an amount calculated as a percentage which
is to be the same percentage that the Minister or prescribed authority was
contributing immediately before the date of death of the relevant pensioner.
(7) The payment in the case of a person who receives a lump sum payment
from the Fund under regulation 86 is to be an amount calculated as a
percentage of the lump sum which is the same percentage that the Minister or
prescribed authority was contributing towards the pension payable immediately
before the election to commute all or part of that pension to a lump sum
payment.
(8) The payment in the case of a person who receives a lump sum or
pension payment from the Fund under regulation 124 is to be an amount
determined by the Board on the advice of the Actuary.
(9) References in this regulation to pensions are taken to be references
to pensions as increased each half-year under regulation 82 .
(10) The amount payable by the University of Tasmania in respect of a
former employee of the Tasmanian College of Advanced Education who was
transferred in employment to the University of Tasmania is to be calculated in
accordance with Schedule 4.
(11) An amount that, but for this subregulation, would have been payable
by the Minister under this regulation in respect of a person for whom money is
deposited in the Fund under regulation 109 is to be paid from the money
so deposited and any accretions to that money.
(12) If the total of the money deposited in the Fund under
regulation 109 and all accretions to that money is insufficient to meet
an amount payable under this regulation, the Minister must pay to the Fund or
the separate accounts referred to in regulation 109 an amount sufficient
to enable the first-mentioned amount to be so paid.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback