Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Part, unless the contrary intention appears:
"accumulated government body contributions" , in relation to a person's relevant period of employment, means the total of:
(a) the total amount of the productivity contributions applicable to the person in respect of the period; and
(b) notional interest on the amount worked out under paragraph (a).
"government body scheme" means a superannuation scheme:
(a) established by, or operating for the benefit of employees of:
(i) an authority of the Commonwealth; or
(ii) a State or an authority of a State; or
(iii) a Territory or an authority of a Territory; or
(iv) a body corporate in which the Commonwealth, or a person of the kind referred to in paragraph (i), (ii) or (iii), either individually or in combination with one or more other such persons, has a controlling interest; and
(b) that has eligible employees as members; and
(c) under which productivity contributions accrue in respect of those eligible employees.
"notional accumulated SG contributions" , in relation to a person's relevant period of employment, means an amount equal to the sum of:
(a) the person's SG minimum contributions in relation to that period as reduced by an amount specified in, or worked out in accordance with, a determination made by an actuary under subsection (5); and
(b) notional interest on the amount worked out under paragraph (a).
"other vested benefit" , in relation to a person, means the value that CSC, having regard to the advice of the Australian Government Actuary, determines to be the value that the benefits paid or payable in respect of the person's relevant period of employment would have if the total amount of these benefits were taken not to include:
(a) the amount equal to the total of whichever of the following amounts is, or are, applicable:
(i) the amount equal to that part of the accumulated employer contributions in respect of the person that is based on the operation of paragraphs 110Q(1)(a) and (b) in relation to productivity contributions paid or payable after 30 June 1992;
(ii) the amount equal to that part of an amount paid by or in respect of the person that is based on the operation of paragraphs 110Q(1)(e) and (f) in relation to payments made under section 110L in relation to any period commencing after 30 June 1992;
(iii) the amount equal to that part of an amount paid by or in respect of the person that is based on the operation of paragraphs 110Q(1)(e) and (f) in relation to payments made under section 110M in relation to any period commencing after 30 June 1992;
(iv) the amount equal to that part of an amount paid by or in respect of the person that is based on the operation of paragraphs 110Q(1)(e) and (f) in relation to payments made under section 110MA in relation to any period commencing after 30 June 1992;
(b) the amount equal to that part of the person's accumulated contributions based on contributions that became payable, by the person, after 30 June 1992;
(c) if a benefit is payable in respect of the person under Part VIAB--the amount equal to that benefit;
(d) if a benefit is payable in respect of the person under Subdivision B of Division 2 of Part IX--the amount equal to that benefit.
"period of actual contributory service" , in relation to a person, means the person's period of contributory service other than any part of that period added by the operation of subsection 128(5) that is not attributable to a transfer value previously paid under Division 3 of Part IX.
"productivity contribution" means:
(a) in relation to a person who is a productivity employee within the meaning of Part VIA--a productivity contribution within the meaning of that Part (other than an amount taken to be a productivity contribution by virtue of the operation of paragraph 128(2)(c)); or
(b) in relation to any other person--an amount similar in kind to such a productivity contribution, whether worked out under an industrial award or otherwise.
"rate of fund contribution tax" means 15% or such other rate as is determined by CSC under section 110SD.
"relevant period of employment" , in relation to a person, means:
(a) if the whole of the person's period of actual contributory service occurred after 30 June 1992--that period; or
(b) if part only of the person's period of actual contributory service occurred after that date--that part of the person's period of actual contributory service.
"SG minimum contribution" has the meaning given by section 110SC.
"top-up benefit" means superannuation guarantee top - up benefit payable under section 110SE.
(2) For the purposes of paragraph (a) of the definition of accumulated government body contributions in subsection (1), the amount of a productivity contribution applicable to a person in relation to a particular period ( the accrual period ) is:
(a) if the relevant government body scheme provides for productivity contributions (applicable to all eligible employees who are members of the scheme) that may be expressed as a percentage of the earnings (as described for the purposes of the scheme) of each employee--that percentage of the earnings of the person for the accrual period based on the person's fortnightly rate of salary that, for the purposes of section 46, was payable on the most recent anniversary of birth of the person; or
(b) if the relevant government body scheme provides for productivity contributions (applicable to a class of eligible employees identified by the scheme) that may be expressed as a percentage of the earnings (as described for the purposes of the scheme) of each employee in the class, and the percentage is lower than the corresponding percentage for any other class of eligible employees--that percentage of the earnings of the person for the accrual period based on the person's fortnightly rate of salary that, for the purposes of section 46, was payable on the most recent anniversary of birth of the person; or
(c) if the relevant government body scheme is a defined benefit superannuation scheme within the meaning of the Superannuation Guarantee (Administration) Act 1992 that provides for a productivity related benefit applicable to all eligible employees who are members of the scheme--the contribution percentage, in relation to that benefit, of the earnings of the person for the accrual period based on the person's fortnightly rate of salary that, for the purposes of section 46, was payable on the most recent anniversary of birth of the person.
(3) For the purposes of paragraph (2)(c), contribution percentage means the rate of contribution, expressed as a percentage of the eligible employees' earnings and certified by an actuary, required to provide the productivity related benefit.
(4) The percentage referred to in paragraph (2)(a) or (b) must be certified by the person's employer.
(5) For the purposes of the definition of notional accumulated SG contributions in subsection (1), an actuary is to determine:
(a) an amount representing the cost of death and invalidity cover relevant to the person's SG minimum contributions; or
(b) a means of working out such an amount.