91Apportionment of employer liability

91 Apportionment of employer liability

(1)  In this regulation –

apportionment transfer means a transfer where a contributor is appointed, transferred or promoted from –

(a) a State-owned company or Government Business Enterprise to another State-owned company or Government Business Enterprise; or

(b) a State-owned company or Government Business Enterprise to a non-funding Agency; or

(c) a non-funding Agency to a State-owned company or Government Business Enterprise;

current Agency means the State-owned company, Government Business Enterprise, or non-funding Agency, in which the contributor is currently employed;

former Agency means the State-owned company, Government Business Enterprise, or non-funding Agency, in which the contributor was formerly employed immediately before he or she was subject to an apportionment transfer;

non-funding Agency means an Agency where the employer component of the superannuation benefits payable to a contributor is paid by the Minister.

(2)  If a contributor is subject to an apportionment transfer on or after the commencement day, the current Agency may request the Commission, within 60 days after the date of the apportionment transfer, to apportion the employer liability in accordance with this regulation.

(3)  On a request being made by the current Agency under subregulation (2) , the former Agency must pay to the current Agency an amount determined by the Commission in accordance with the following formula:

where –

P is the amount to be paid by the former Agency to the current Agency;

ABMF is the contributor's adjusted benefit multiple factor, calculated by taking the rate or rates of contribution made by the contributor and multiplying the benefit multiple factor prescribed for that rate or those rates of contribution under by the contributor's length of service expressed in years at that rate or for each of those rates of contribution and accumulating each result obtained from those multiplications;