Military Superannuation and Benefits Trust Deed
80Deduction of surcharge deduction amount
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80 Deduction of surcharge deduction amount
(1) If a member’s surcharge debt account is in debit when a benefit under these Rules becomes payable to or in respect of the member, the member may, by notice in writing to CSC, elect to discharge the debt in one or more of the following ways: (a) by deduction from the member’s employer benefit before it is paid to the member as a lump sum, or before it is converted into a pension; (b) by deduction from the member’s member benefit before it is paid to the member as a lump sum; (c) by deduction from the pension payable to the member after conversion of the member’s employer benefit; (d) by deduction from the member’s ancillary benefit, associate A benefit or associate B benefit before the benefit is paid. (2) If the member does not make an election in accordance with subrule (1), the debt must be discharged in the following ways: (a) if these Rules provide that the member is to receive the employer benefit in the form of a pension—by deduction from the member’s employer benefit after it is converted into a pension; (b) if these Rules provide that the member may elect to receive their employer benefit either as a lump sum payment or converted into a pension and the member elects to convert the whole or any part of the benefit to a pension—by deduction from the member’s employer benefit after it is converted to a pension; (c) in any other case—by deduction from the member’s employer benefit before it is paid as a lump sum.