6When benefit is payable in respect of a member

6 When benefit is payable in respect of a member

(1) If, on or after 1 January 1988: (a) a member retires; or (b) a member dies; or (c) the CSC is satisfied that the member is in severe financial hardship; or (d) the Chief Executive Medicare determines that the member satisfies a condition of release on a compassionate ground under regulation 6.19A of the SIS Regulations; a productivity superannuation benefit, or part of a productivity superannuation benefit, becomes payable in respect of the member. (2) If: (a) a member retires; and (b) a productivity benefit is payable in respect of the member; and (c) the member: (i) has reached preservation age, or a later age, and has retired from the workforce; or (ii) has not reached preservation age and is retired on the ground of invalidity or of physical or mental incapacity to perform his or her duties; and (d) the amount of the benefit is an amount to which the preservation standards set out in the SIS Regulations do not apply; the productivity benefit is payable in respect of the member when the member retires. (3) A member does not meet the requirement in subparagraph (2)(c)(ii) unless the CSC: (a) has considered at least 2 certificates, each signed by a registered medical practitioner, giving the practitioner’s opinion of whether the member is likely to work again in gainful employment for which the member is reasonably qualified by education, training or experience; and (b) is satisfied that the member is unlikely to work again in gainful employment for which the member is reasonably qualified by education, training or experience. (4) If a member dies, and a productivity benefit is payable in respect of the member, the benefit must be paid to the member’s legal personal representative. (5) The CSC may, before paying a productivity benefit in respect of a member, seek evidence as to the circumstances in which that benefit becomes payable to the member under this Determination. Part payments (6) An amount that becomes payable for a reason mentioned in paragraph (1)(c) or (d) is limited to so much of the benefit as is necessary to alleviate the financial hardship or to meet the expenses that give rise to the compassionate grounds. (7) If only part of a benefit is payable, that part may be reduced by part of the surcharge deduction amount before it is paid as a lump sum if the CSC considers that there may be insufficient benefit remaining unpaid to pay the surcharge deduction amount.