Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if:
(a) item 7 of the table in subsection 15(1) stops a person from being entitled to compensation under section 20, 21 or 21A of the DRCA (compensation for incapacity if superannuation is paid); and
(b) apart from this section, the person would be entitled to compensation of an amount:
(i) that is worked out under Subdivision C of Division 2 of Part 4 of Chapter 4 of the MRCA (compensation for incapacity if no superannuation is paid); or
(ii) that would be worked out under that Subdivision if the person had not chosen to receive a Special Rate Disability Pension.
(2) The superannuation scheme (within the meaning of the DRCA ) is taken to be a Commonwealth superannuation scheme (within the meaning of the MRCA) for the purposes of the MRCA.
Note: This means that amounts of superannuation that are being offset under the DRCA are offset under the MRCA.
(3) For the purposes of the MRCA, the amounts mentioned in column 1 of the table are taken to be the same as the amounts under the DRCA mentioned in column 2.
Transferring superannuation amounts | ||
Item | Column 1 This MRCA amount... | Column 2 is taken to the same as this DRCA amount... |
1 | the superannuation pension amount mentioned in section 134 of the MRCA | the superannuation amount (in relation to a pension) mentioned in section 20 of the DRCA |
2 | the superannuation lump sum amount mentioned in section 135 of the MRCA | the superannuation amount (in relation to a lump sum benefit) mentioned in section 21 of the DRCA |
3 | the superannuation pension amount mentioned in section 136 of the MRCA | the weekly superannuation amount mentioned in section 21A of the DRCA |
4 | the superannuation lump sum amount mentioned in section 136 of the MRCA | the superannuation lump sum benefit mentioned in section 21A of the DRCA |