Part 5—Superannuation benefits
Division 1—Pension benefits
27—Application of Part to police cadets
(2) Sections 30, 31 and 32 apply to a person who was a police cadet immediately before the commencement of this Act as though he or she were a contributor and if that person subsequently becomes a police officer all the provisions of this Part will then apply to that person.
28—Retirement
(1) A contributor who retires from employment after reaching the age of 55 years is entitled to a lump sum calculated in accordance with subsection (1a) and a pension calculated as follows:
(b) the numerical value obtained by dividing the number of the contributor's accrued contribution points by 360 or, where the contributor has not reached the age of 60 years, by the addition of 300 and the number of months (if any) by which the contributor's age, at retirement, exceeds 55 years
K is a reduction factor that varies with the contributor's age expressed in years and completed months (for the value of K see Schedule 3)
FS is the contributor's actual or attributed salary (expressed as an amount per fortnight)
X is the number of months (if any) by which the contributor's age, at retirement, exceeds 60 years.
(1a) The lump sum referred to in subsection (1) is calculated as follows:
(a) in the case of a contributor who was in full-time employment during that part of the contribution period occurring after 31 December 1987—1;
(b) in any other case—the numerical value arrived at by expressing the contributor's employment during that part of the contribution period as a proportion of full-time employment during that part of the contribution period
(2) A retirement pension will be indexed.
(3) A contributor may, subject to subsection (4), retire after reaching the age of 50 years and if the contributor retires before reaching the age of 55 years he or she is entitled to a lump sum payment calculated as follows:
(b) the numerical value obtained by dividing the number of the contributor's accrued contribution points by 360
X is the number of months (if any) by which the contributor's age, at retirement, exceeds 50 years
(a) in the case of a contributor who was in full-time employment during that part of the contribution period occurring after 31 December 1987—1;
(b) in any other case—the numerical value arrived at by expressing the contributor's employment during that part of the contribution period as a proportion of full-time employment during that part of the contribution period
(4) The number of contributors who may retire pursuant to subsection (3) is subject to restriction by regulation.
29—Retrenchment
(1) Where—
(a) a contributor's employment is terminated by retrenchment;
(b) the contributor has been a contributor for not less than 5 years;
(c) the Board is satisfied that there is no other position in South Australia Police, carrying a salary of at least 80 per cent of the salary applicable to the former employment, which the contributor could reasonably be expected to take, available to the contributor,
the contributor is entitled to a pension and a lump sum under this section.
(2) The amount of the pension is calculated as follows:
A is the numerical value obtained by dividing the number of the contributor's accrued contribution points by—
(a) in the case of a contributor whose contribution period commenced before reaching the age of 30 years—the number of months between the contributor's age as at the date of commencement of the contribution period and the age of 60 years;
FS is the contributor's actual or attributed salary (expressed as an amount per fortnight) immediately before retrenchment.
(2a) The amount of the lump sum is calculated as follows:
(a) in the case of a contributor who was in full-time employment during that part of the contribution period occurring after 31 December 1987—1;
(b) in any other case—the numerical value arrived at by expressing the contributor's employment during that part of the contribution period as a proportion of full-time employment during that part of the contribution period
(3) A retrenchment pension will be indexed.
30—Temporary disability pension
(1) Subject to this section, a contributor—
(a) who is temporarily or permanently incapacitated for work but whose employment has not been terminated on that ground; and
(b) who has not reached 60 years of age,
is entitled to a disability pension.
(2) A contributor who becomes incapacitated for work in a particular position will not be regarded as incapacitated for work for the purposes of this section if some other position, in South Australia Police carrying a salary of at least 80 per cent of the salary applicable to the former position, is available to the contributor and the contributor could reasonably be expected to take that other position.
(3) A disability pension is not payable in respect of—
(a) a period in respect of which the contributor is entitled to sick leave; or
(b) a period in respect of which the contributor is entitled to weekly payments of workers compensation; or
(c) a period for which the contributor is on recreation leave or long service leave.
(4) The Board will not pay a disability pension in respect of a period of incapacity of less than one week and may decline to pay a disability pension if it appears that the duration of the incapacity is likely to be less than six months.
(5) The amount of the pension is calculated as follows:
A is the numerical value obtained by dividing the number of the contributor's contribution points extrapolated to the age of 60 years by—
(a) in the case of a contributor whose contribution period commenced before reaching the age of 30 years—the number of months between the contributor's age as at the date of commencement of the contribution period and the age of 60 years;
FS is the contributor's actual or attributed salary (expressed as an amount per fortnight) immediately before the pension becomes payable.
(6) A disability pension cannot be paid for a continuous period of more than 12 months unless the Board thinks that there are special reasons for extending that limit, in which case it may extend the pension period by not more than a further six months.
(7) A disability pension cannot be paid, in respect of the same incapacity, for an aggregate period of more than 18 months in any one period of 36 months.
(8) A contributor is not required to make any contribution over a period for which the contributor receives a disability pension but will be credited with contribution points and contribution months in respect of any such period as if the contributor were contributing in respect of that period.
31—Invalidity
(1) A contributor whose employment terminates on the ground of invalidity before he or she reaches the age of 60 years is entitled to a benefit under this section.
(2) If the Board is satisfied that the contributor's incapacity for all kinds of work (both inside and outside South Australia Police) is 60 per cent or more and is likely to be permanent, the contributor is entitled to a lump sum calculated in accordance with subsection (4a) and a pension calculated as follows:
A is the numerical value obtained by dividing the number of the contributor's contribution points extrapolated to the age of 60 years by—
(a) in the case of a contributor whose contribution period commenced before reaching the age of 30 years—the number of months between the contributor's age as at the date of commencement of the contribution period and the age of 60 years;
FS is the contributor's actual or attributed salary (expressed as an amount per fortnight) immediately before termination of employment.
(3) The pension will be indexed.
(4) If the Board is not satisfied as to one or both of the matters referred to in subsection (2), the contributor is entitled to a lump sum calculated in accordance with subsection (4a) and a further lump sum payment that is the greater of the following:
(a)
twice the contributor's actual or attributed salary (expressed as an annual amount); or
(b)
(i) unity;
(ii) the numerical value obtained by dividing the number of the contributor's accrued contribution points by 360
X is the number of months (if any) by which the contributor's age at termination of the employment, exceeds 50 years.
(4a) The lump sum referred to in subsections (2) and (4) is calculated as follows:
(a) in the case of a contributor who was in full-time employment during that part of the contribution period occurring after 31 December 1987—1;
(b) in any other case—the numerical value arrived at by expressing the contributor's employment during that part of the contribution period as a proportion of full-time employment during that part of the contribution period
(5) Subject to subsection (6), a contributor's employment will be taken to have terminated on account of invalidity if and only if—
(a) the Governor or the Commissioner terminates the employment on the ground of the contributor's invalidity; or
(i) the contributor satisfies the Board (before termination of employment) that he or she is incapacitated for work in the contributor's present position; and
(ii) the Board is satisfied that there is no other position in South Australia Police or in the Public Service of the State, carrying a salary of at least 80 per cent of the salary applicable to the contributor's present position, which the contributor could reasonably be expected to take, available to the contributor; and
(iii) the contributor has been on sick leave, weekly payments of workers compensation or disability pension for at least 12 months or periods aggregating at least 12 months on account of the invalidity; and
(iv) the contributor, after giving notice to the Board as required by the regulations, resigns from employment.
(6) If—
(a) the contributor refuses employment in some other position in South Australia Police or the Public Service of the State that carries a salary of at least 80 per cent of the salary applicable to the contributor's present position which the contributor could reasonably be expected to have taken; and
(b) the Governor or the Commissioner subsequently terminates the contributor's employment,
the contributor will be taken to have retired or resigned from employment.
(7) For the purposes of subsection (6)(a) a contributor will be taken to have refused employment in a position in South Australia Police or the Public Service of the State if he or she refuses an offer of employment in that position or refuses to make a genuine application for appointment to the position after being requested to do so by the Commissioner or the Board.
(8) Where the Commissioner proposes to terminate a contributor's employment on the ground of invalidity, the Commissioner must, at least one month before doing so, give the Board notice of the proposal in accordance with the regulations.
32—Benefits payable on contributor's death
(1) Where a contributor dies—
(a) the contributor's spouse is entitled to—
(i) a pension equal to two-thirds of the deceased contributor's notional pension and, if the contributor's employment was terminated by his or her death, a lump sum calculated in accordance with subsection (1ab); and
(ii) where the contributor retired from employment after the commencement of the repealed Act but before the commencement of this Act—a lump sum equal to two-thirds of the lump sum paid to the contributor upon retirement; and
(b) an eligible child is entitled to a pension in accordance with subsection (2).
(1ab) The lump sum referred to in subsection (1)(a)(i) is calculated as follows:
(a) in the case of a contributor who was in full-time employment during that part of the contribution period occurring after 31 December 1987—1;
(b) in any other case—the numerical value arrived at by expressing the contributor's employment during that part of the contribution period as a proportion of full-time employment during that part of the contribution period
(1a) Where a surviving spouse would, but for an election under this subsection, be entitled to a lump sum under subsection (1)(a)(ii), the spouse may instead, by written notice given to the Board before the lump sum is paid, elect to receive a pension equal to one-third of the deceased contributor's notional pension in addition to the pension referred to in subsection (1)(a)(i).
(1b) However, a surviving spouse will not be entitled to a benefit under this section if section 38K applies to the spouse and the amount of any benefit payable to a person must take into account any reduction that has been made under section 38J.
(2) Subject to subsection (3) the amount of the pension for each eligible child is as follows:
(a) if a pension is being paid to a surviving spouse—
(i) where there are no more than two eligible children—a pension equal to one-ninth of the deceased contributor's notional pension;
(ii) where there are three or more eligible children—a pension calculated by dividing one-third of the deceased contributor's notional pension by the number of eligible children;
(b) if no pension is being paid to a surviving spouse—
(i) where there is one eligible child—a pension equal to 45 per cent of the deceased contributor's notional pension;
(ii) where there are two eligible children—a pension equal to 40 per cent of the deceased contributor's notional pension;
(iii) where there are three eligible children—a pension equal to 30 per cent of the deceased contributor's notional pension;
(iv) where there are four or more eligible children—a pension calculated by dividing the deceased contributor's notional pension by the number of eligible children.
(3) If the amount of a pension for an eligible child would, but for this subsection, be less than the prescribed amount, the pension will be increased to the prescribed amount.
(4) A reference in this section to a deceased contributor's notional pension is—
(a) where the contributor's employment had terminated before the date of death—a reference to the amount of the contributor's pension immediately before his or her death except where the contributor's employment terminated before the commencement of this Act and the contributor had made an election under section 37(2) of the repealed Act or under a corresponding provision of a previous enactment in which case the notional pension will be the pension that the contributor would have been receiving immediately before his or her death if he or she had not made that election;
(b) where the contributor's employment terminated on his or her death and the contributor reached the age of 60 years on or before the date of death—a reference to the amount of the retirement pension to which the contributor would have been entitled if he or she had retired on the date of death;
(c) where the contributor's employment terminated on his or her death and the contributor had not reached the age of 60 years on the date of death—a reference to the amount of the retirement pension to which the contributor would have been entitled if he or she had not died and—
(i) had continued in employment until reaching the age of 60 years (but without change to the contributor's actual or attributed salary as at the date of death); and
(ii) had been credited with a number of contribution points in respect of the period from the date of death to the age of 60 years equivalent to—
(A) in the case of a contributor who had been in full-time employment throughout the contribution period—the number of months between the end of the last complete month of the contribution period and the age of 60 years (an incomplete month being counted as a whole month);
(B) in the case of a contributor who had not been in full-time employment throughout the contribution period—the number that bears the same proportion to the number of months referred to in subsubparagraph (A) as the contributor's employment bears to full-time employment; and
(iii) had retired on reaching the age of 60 years.
(5) Subject to subsection (6), a deceased contributor's notional pension will be indexed as if it were (or remained) an actual pension and consequential adjustments will be made to pensions calculated by reference to the notional pension.
(6) A deceased contributor's notional pension will not be indexed for the purpose of determining the amount of a pension payable to a surviving spouse under subsection (1a).
33—Benefits payable to contributor's estate
(1) The estate of a contributor who dies and is not survived by a spouse but is survived by an eligible child or eligible children is entitled to a lump sum that is—
(a) where the contributor's employment was terminated by his or her death—made up of the following amounts:
(i) an amount that is the greater of the following amounts:
(A) an amount equivalent to the amount standing to the credit of the contributor's contribution account; or
(B) an amount equivalent to twice the amount of the contributor's actual or attributed salary (expressed as an annual amount); and
(ii) an amount calculated as follows:
A is the amount
(a) in the case of a contributor who was in full-time employment during that part of the contribution period occurring after 31 December 1987—1;
(b) in any other case—the numerical value arrived at by expressing the contributor's employment during that part of the contribution period as a proportion of full-time employment during that part of the contribution period
M is the number of months of the contributor's contribution period occurring after 31 December 1987;
(b) in any other case—an amount equivalent to the amount standing to the credit of the contributor's contribution account.
(2) The estate of a contributor whose employment was terminated by his or her death and who is not survived by a spouse or an eligible child is entitled to a lump sum calculated in accordance with subsection (3) and a further lump sum payment in accordance with the following provisions:
(a) if the contributor died in the course of duty the lump sum is the greater of the following:
(i)
(ii)
(b) if the contributor did not die in the course of duty the lump sum is calculated as follows:
In both paragraphs (a) and (b)—
LS is the lump sum payment
(b) the numerical value obtained by dividing the number of the contributor's accrued contribution points by 360;
FS is the contributor's actual or attributed salary (expressed as an annual amount).
(3) The lump sum referred to in subsection (2) is calculated as follows:
(a) in the case of a contributor who was in full-time employment during that part of the contribution period occurring after 31 December 1987—1;
(b) in any other case—the numerical value arrived at by expressing the contributor's employment during that part of the contribution period as a proportion of full-time employment during that part of the contribution period
34—Resignation and preservation of benefits
(1) A contributor who resigns from employment may elect—
(a) to take immediately an amount (to be charged against the contributor's contribution account) equivalent to the total balance of the account; or
(b) to preserve his or her accrued superannuation benefits in the Scheme.
(1aa) A contributor who fails to inform the Board in writing of his or her election under subsection (1) within three months after resignation will be taken to have elected to preserve his or her accrued superannuation benefits.
(1ab) If the Board is of the opinion that the limitation period referred to in subsection (1aa) would unfairly prejudice a contributor, the Board may extend the period as it applies to the contributor.
(1a) Where a contributor resigns and elects to take the amount referred to in subsection (1)(a) the contributor is also entitled to a superannuation payment in accordance with the following provisions:
(b) the contributor may elect to preserve the payment or to carry it over to some other superannuation fund or scheme approved by the Board;
(c) if the contributor elects to preserve the payment—
(i) the payment will be transferred to the credit of the contributor in an account in the name of the contributor in the Triple S scheme; and
(ii) the amount of the payment to be transferred under subparagraph (i) will be determined in accordance with the provisions of this section as if the payment were to be made to the contributor on the day that the transfer takes place; and
(iii) the payment will be taken to have been preserved under regulations made pursuant to section 30(2)(e) of the Southern State Superannuation Act 2009; and
(iv) the contributor will not be entitled to any other payment or benefit under this subsection;
(d) if the contributor fails to inform the Board in writing of his or her election under paragraph (b) within 3 months after resignation, he or she will be taken to have elected to preserve the payment.
(1b) The amount of the superannuation payment referred to in subsection (1a) is made up of the following components:
(a) a component being the amount of the minimum contribution required to avoid payment of the superannuation guarantee charge in respect of the contributor under the Commonwealth Act together with interest from the date of resignation to the date on which the payment is, according to the contributor's election, carried over to another fund or scheme or transferred under subsection (1a)(c)(i); and
(b) where the contributor was a police officer at any time during the period commencing on 1 January 1988 and ending on 30 June 1992—a component calculated as follows:
C is the component
(a) in the case of a contributor who was in full-time employment during that part of the contribution period occurring during the period commencing on 1 January 1988 and ending on 30 June 1992—1;
(b) in any other case—the numerical value arrived at by expressing the contributor's employment during that part of the contribution period as a proportion of full-time employment during that part of the contribution period
AFS is the contributor's actual or attributed salary as at the date of resignation (expressed as an annual amount) adjusted to reflect changes in the Consumer Price Index since the date of resignation
M is the number of months of the contributor's contribution period occurring during the period commencing on 1 January 1988 and ending on 30 June 1992.
(1c) The rate of interest referred to in subsection (1b)(a) will be determined by the Board in respect of the relevant financial year in accordance with section 13.
(2) Where a contributor resigns after a contribution period of less than 120 months and elects to preserve his or her accrued superannuation benefits, the following provisions apply:
(aa) the Board must, not less than 6 months before the contributor's 55th birthday, notify the contributor in writing of the contributor's entitlement to require the Board to make a superannuation payment under paragraph (a);
(a) the contributor may at any time after reaching 55 years of age require the Board to make a superannuation payment and, if no such requirement has been made on or before the date on which the contributor reaches 60 years of age, the Board must make such a payment;
(b) if the contributor has become incapacitated and satisfies the Board that his or her incapacity for all kinds of work is 60 per cent or more of total incapacity and is likely to be permanent, the Board must make a superannuation payment to the contributor;
(c) if the contributor dies, a payment must be made to the spouse of the deceased contributor or, if he or she left no surviving spouse, to the contributor's estate,
(and a payment under any of the above paragraphs excludes further rights so that a claim cannot be subsequently made under some other paragraph).
(3) A payment under subsection (2) will be made up of a lump sum calculated in accordance with subsection (3a) and a further lump sum made up of two components—
(a) an employee component (to be charged against the contributor's contribution account) equivalent to the total balance of the account; and
(b) an employer component which will be equal to 2⅓ times the amount of the employee component.
(3a) The lump sum referred to in subsection (3) is calculated as follows:
(a) in the case of a contributor who was in full-time employment during that part of the contribution period occurring after 31 December 1987—1;
(b) in any other case—the numerical value arrived at by expressing the contributor's employment during that part of the contribution period as a proportion of full-time employment during that part of the contribution period
AFS is the contributor's actual or attributed salary as at the date of resignation (expressed as an annual amount) adjusted to reflect changes in the Consumer Price Index since the date of resignation
(4) Where a contributor resigns after a contribution period of 120 months or more and elects to preserve his or her accrued superannuation benefits, the following provisions apply:
(aa) the Board must, not less than 6 months before the contributor's 55th birthday, notify the contributor in writing of the contributor's entitlement to require the payment of a lump sum and retirement pension under paragraph (a);
(a) the contributor may, at any time after reaching 55 years of age, require the Board to pay the lump sum and commence paying the retirement pension referred to in subsection (5) and, if no such requirement has been made on or before the date on which the contributor reaches 60 years of age, the Board must pay the lump sum and commence paying the pension on and from that date;
(b) if the contributor has become incapacitated and satisfies the Board that his or her incapacity for all kinds of work is 60 per cent or more of total incapacity and is likely to be permanent, the Board must pay a lump sum and an invalid pension to the contributor in accordance with subsection (5);
(c) if the contributor dies and is survived by a spouse, a lump sum and a pension must be paid to the spouse of the deceased contributor in accordance with subsection (6);
(d) if the contributor dies and is survived by an eligible child, or two or more eligible children, a pension must be paid to each eligible child in accordance with subsection (7);
(e) if the contributor dies and is not survived by a spouse but is survived by an eligible child or eligible children, a lump sum must be paid to the contributor's estate in accordance with subsection (8b) in addition to the pension payable under paragraph (d) to the eligible child or children;
(f) if the contributor dies and is not survived by a spouse or an eligible child, a lump sum that is the aggregate of the lump sums calculated under subsections (8a) and (8c) must be paid to the contributor's estate.
(5) The lump sum payable to the contributor under paragraph (a) or (b) of subsection (4) will be calculated in accordance with subsection (8a) and the pension payable to the contributor under either of those paragraphs will be calculated as follows:
A is the numerical value obtained by dividing the number of the contributor's accrued contribution points by—
(a) in the case of a contributor whose contribution period commenced before reaching the age of 30 years—the number of months between the contributor's age as at the commencement of the contribution period and the age of 55 years;
(b) in any other case—300
AFS is the contributor's actual or attributed salary as at the date of resignation (expressed as an amount per fortnight) adjusted to reflect changes in the Consumer Price Index since the date of resignation.
(6) The lump sum payable to the spouse of a deceased contributor under subsection (4) will be calculated in accordance with subsection (8a) and the pension payable to the spouse under that subsection will be two-thirds of the deceased contributor's notional pension.
(7) Subject to subsection (8) the amount of the pension for each eligible child is as follows:
(a) if a pension is being paid to a surviving spouse—
(i) where there are no more than two eligible children—a pension equal to one-ninth of the deceased contributor's notional pension;
(ii) where there are three or more eligible children—a pension calculated by dividing one-third of the deceased contributor's notional pension by the number of eligible children;
(b) if no pension is being paid to a surviving spouse—
(i) where there is one eligible child—a pension equal to 45 per cent of the deceased contributor's notional pension;
(ii) where there are two eligible children—a pension equal to 40 per cent of the deceased contributor's notional pension;
(iii) where there are three eligible children—a pension equal to 30 per cent of the deceased contributor's notional pension;
(iv) where there are four or more eligible children—a pension calculated by dividing the deceased contributor's notional pension by the number of eligible children.
(8) If the amount of a pension for an eligible child would, but for this subsection, be less than the prescribed amount, the pension will be increased to the prescribed amount.
(8a) The lump sum is calculated as follows:
(a) in the case of a contributor who was in full-time employment during that part of the contribution period occurring after 31 December 1987—1;
(b) in any other case—the numerical value arrived at by expressing the contributor's employment during that part of the contribution period as a proportion of full-time employment during that part of the contribution period
AFS is the contributor's actual or attributed salary as at the date of resignation (expressed as an annual amount) adjusted to reflect changes in the Consumer Price Index since the date of resignation
(8b) The amount of the lump sum payable to the estate of the deceased contributor under subsection (4)(e) is the aggregate of—
(a) the amount standing to the credit of the contributor's contribution account; and
(b) the lump sum calculated under subsection (8a).
(8c) The second of the lump sums referred to in subsection (4)(f) is calculated as follows:
(b) the numerical value obtained by dividing the number of the contributor's accrued contribution points by 360
AFS is the contributor's actual or attributed salary as at the date of resignation (expressed as an annual amount) adjusted to reflect changes in the Consumer Price Index since the date of resignation.
(9) Pensions payable under this section will be indexed.
(10) A reference in this section to a deceased contributor's notional pension is a reference to a pension calculated in accordance with subsection (5).
(11) For the purposes of this section, a contributor who has not reached the age of 55 years will be taken to resign if the contributor is not to be taken to have retired from employment pursuant to section 4(8a) and the contributor's employment terminates or is terminated for any reason except invalidity (in circumstances entitling the contributor to benefits under this Act), retrenchment or death.
(12) Where but for section 46A, benefits would be payable under the Police Occupational Superannuation Scheme to or in relation to a contributor who resigned from employment before the commencement of the Police Superannuation (Miscellaneous) Amendment Act 2001, the benefits payable to, or in relation to, the contributor under this section—
(a) will not include a lump sum calculated under subsection (3a) or (8a); but
(b) will include the amount referred to in section 46A(2)(f).
Division 2—General
35—Commutation of proportion of pension
(1) The Board will, on the application of a person who is entitled to a pension (other than a temporary disability pension or an eligible child's pension), commute a pension, or a proportion of a pension, to a lump sum payment.
(2) The right of commutation is subject to the qualifications prescribed by regulation.
(3) In the commutation of a pension, commutation factors promulgated by regulation will be applied.
35A—Commutation to pay deferred superannuation contributions surcharge
(1) The Board will, on the application of a contributor who is entitled to a pension (other than a temporary disability pension) and who is liable for a deferred superannuation contributions surcharge, commute so much of the pension as is required to provide a lump sum equivalent to the amount of the surcharge.
(2) An application under subsection (1) must be made in writing to the Board before the expiration of the period of three months immediately following the date on which the notice given to the contributor by the Commissioner of Taxation under section 15(7) of the Superannuation Contributions Tax Act was issued.
(3) Where—
(a) —
(i) a contributor who is liable for a deferred superannuation contributions surcharge dies before notice by the Commissioner of Taxation under section 15(7) of the Superannuation Contributions Tax Act is issued; or
(ii) a contributor who is liable for a deferred superannuation contributions surcharge dies within three months after the issue of such a notice without having commuted his or her pension under subsection (1); and
(b) the contributor is survived by a spouse who is entitled to a pension as the contributor's spouse under this Act,
the Board will, subject to subsection (5) on the application of the spouse, commute so much of the spouse's pension as is required to provide a lump sum equivalent to the amount of the surcharge.
(4) An application under subsection (3) must be made in writing to the Board before the expiration of the period of six months immediately following the contributor's death or the issue of the notice under section 15(7) of the Superannuation Contributions Tax Act, whichever is the later.
(5) The Board must not commute a pension under subsection (3) unless it is satisfied that the resulting lump sum will be applied in payment of the surcharge or be used to reimburse the deceased contributor's estate or the spouse or other person who has paid the surcharge on behalf of the estate.
(6) The commutation factors to be applied in the commutation of a pension under this section will be determined by the Treasurer on the recommendation of an actuary.
(7) If the Board is satisfied that—
(a) a contributor, or the spouse of a contributor, is entitled to commute the whole of his or her pension under section 35 and has done so except for a part that the contributor or spouse wishes to retain for the purpose of commutation under this section in order to pay the contributor's deferred superannuation contributions surcharge; and
(b) after commutation under this section for that purpose there will still be a part of the pension remaining uncommuted; and
(c) the part of the pension originally retained for commutation under this section was a reasonable estimate of the amount of the pension that would be required for that purpose,
the Board will, on the application of the contributor or spouse made at the same time as his or her application under subsection (1) or (3), commute the remaining uncommuted part of the pension using the factors applicable under section 35.
35B—Commutation to pay Division 293 tax
(1) The purpose of this section is to facilitate the payment of amounts by the Board to the Commissioner of Taxation as required under Schedule 1 Subdivision 135‑C of the Taxation Administration Act in connection with Division 293 tax payable by contributors.
(2) If a Division 293 release authority for a contributor who is entitled to a pension is given to the Board in accordance with Schedule 1 Subdivision 135‑B of the Taxation Administration Act, the Board must—
(a) commute so much of the contributor's pension as is necessary to provide a lump sum equal to the release amount required to be paid by the Board in respect of the contributor under Schedule 1 section 135‑75 of the Taxation Administration Act; and
(b) pay the lump sum resulting from the commutation to the Commissioner of Taxation.
(3) The commutation factors to be applied in the commutation of a pension under this section will be determined by the Treasurer on the recommendation of an actuary.
(4) If the Board is satisfied that—
(a) a contributor is entitled to commute the whole of his or her pension under section 35 and has done so except for a part that the contributor wishes to retain for the purpose of commutation under this section in order to meet the contributor's liability for Division 293 tax; and
(b) after commutation under this section for that purpose there will still be a part of the pension remaining uncommuted; and
(c) the part of the pension originally retained for commutation under this section was a reasonable estimate of the amount of the pension that would be required for that purpose,
the Board will, on the application of the contributor made after a Division 293 release authority for the contributor is given to the Board, commute the remaining uncommuted part of the pension using the factors applicable under section 35.