Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies to a person if:
(a) the person is an eligible employee; or
(b) deferred benefits are applicable in respect of the person under Division 3 of Part IX; or
(c) either:
(i) the person has elected under subsection 110T(1) that Part VIB apply to him or her; or
(ii) regulation 15, 15A or 15B of the Superannuation (CSS) Former Eligible Employees Regulations applies to the person;
and no benefits under this Act have been paid or begun to be paid to the person;
and the person made an election under clause 6 of the Superannuation (Productivity Benefit) Alternative Arrangements Declaration No. 6 (Statutory Rules 1993, No. 34) to have performance pay taken into account in his or her superannuation arrangements under the Superannuation (Productivity Benefit) Act 1988 .
(2) A person to whom this section applies may, at any time, by notice in writing, ask the trustee of the declared fund (within the meaning of the Superannuation (Productivity Benefit) Act 1988 ) holding the person's accumulated performance pay employee contributions and accumulated performance pay employer contributions to pay those contributions to CSC.
(3) If continuing contributions (within the meaning of the Superannuation (Productivity Benefit) Act 1988 ) have been paid, but are no longer being paid, into the declared fund in respect of a continuous period of employment of the person, the person may, by the same notice, ask the trustee of the declared fund to pay also to CSC the person's transferable productivity amount.
(4) If:
(a) a person's accumulated performance pay employee contributions and accumulated performance pay employer contributions; or
(b) a person's accumulated performance pay employee contributions, accumulated performance pay employer contributions and transferable productivity amount;
have, at the person's request, been paid by the trustee of the declared fund to the trustee of a superannuation entity other than the Fund, the person may, by notice in writing, ask the trustee of that superannuation entity to pay to CSC the sum of:
(c) an amount equal to the difference between:
(i) the total amount paid to the superannuation entity; and
(ii) the sum of any amounts in the nature of income tax relevant to that amount and any amounts deducted by way of charges or fees from that amount by the trustee of the superannuation entity; and
(d) interest on the amount mentioned in paragraph (c).
(5) The person must, as soon as possible, give to CSC notice in writing of any request made to the trustee of a fund or superannuation entity under subsection (2), (3) or (4).