Commonwealth Consolidated Acts

MILITARY SUPERANNUATION AND BENEFITS ACT 1991 - SECT 14

  (1)   Where:

  (a)   a preserved benefit, or part of a preserved benefit, applicable to a person who has ceased to be a member becomes payable; and

  (b)   the preserved benefit, or the part of the preserved benefit, consists only of an amount of member benefit;

then:

  (c)   if the preserved benefit consists only of an amount of member benefit that is totally funded--the preserved benefit, or the part of the preserved benefit, is payable to, or in respect of, the person by CSC; or

  (d)   if paragraph   (c) does not apply:

  (i)   an amount equal to:

  (A)   if the total amount of preserved benefit is payable--the part of the member benefit that is totally funded; or

  (B)   if a part of a preserved benefit is payable--a corresponding part of the part of the member benefit that is totally funded;

    is payable by CSC to the Commonwealth; and

  (ii)   the preserved benefit, or the part of the preserved benefit, is payable to, or in respect of, the person by the Commonwealth.

  (2)   Where:

  (a)   a preserved benefit applicable to a person who has ceased to be a member becomes payable; and

  (b)   the preserved benefit includes both an amount of member benefit and an amount of employer benefit;

then:

  (c)   an amount equal to the sum of:

  (i)   the part of the member benefit included in the preserved benefit that is totally funded; and

  (ii)   so much of the funded employer benefit in relation to the person as is included in the preserved benefit;

    is payable by CSC to the Commonwealth; and

  (d)   the preserved benefit is payable to, or in respect of, the person by the Commonwealth.