85Power to obtain information from administrators of superannuation schemes

85  Power to obtain information from administrators of superannuation schemes

 (a) a covered person ceases to be a member and is, or may be, entitled to a pension or a lump sum benefit, or both a pension and a lump sum benefit, under a superannuation scheme as a result of ceasing to be a member; or

 (b) a covered person:

 (i) retires from his or her employment (whether the covered person retires voluntarily or is compulsorily retired); and

 (ii) is, or may be, entitled to a pension or a lump sum benefit, or both a pension and a lump sum benefit, under a superannuation scheme as a result of the covered person’s retirement;

the following provisions of this section apply if Comcare is of the opinion that it may pay, or may have paid, to the covered person an amount or amounts of compensation under the scheme in excess of the amount or amounts that he or she was entitled to receive because of section 31, 32 or 33.

 (2) Comcare may give written notice to the administrator of the superannuation scheme:

 (a) stating that Comcare may make, or may have made, an overpayment of compensation to the covered person; and

 (b) requiring the administrator to tell Comcare whether the covered person has received any payment in respect of his or her entitlement referred to in subsection (1) or whether all the covered person’s benefits under the superannuation scheme have been deferred; and

 (c) requiring the administrator, if the covered person has not received any such payment (unless all the covered person’s benefits under the superannuation scheme have been deferred), to give Comcare, as soon as practicable, particulars of the rate of pension, or the lump sum worked out as at the date of cessation or retirement, or the rate of pension and the lump sum as so worked out, as the case may be, that is payable to the covered person under the superannuation scheme.

 (3) The administrator of the superannuation scheme must comply with the notice.

 (4) Comcare must give the covered person a written notice stating that it has given a notice to the administrator of the superannuation scheme under subsection (2) and explaining how this section works.

 (5) The following provisions apply if the covered person has not received any payment in respect of his or her entitlement referred to in subsection (1) but do not apply if all the covered person’s benefits under the superannuation scheme have been deferred.

 (6) When Comcare receives from the administrator of the superannuation scheme particulars of the rate of pension, or the lump sum, or the rate of pension and the lump sum, payable to the covered person, Comcare must, within 2 working days after receiving those particulars: