VICIn ForceAct
State Superannuation Act 1988
71DRecovery of surcharge where person entitled to deferred benefit
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71D Recovery of surcharge where person entitled to deferred benefit
(1) This section applies if—
(a) a person becomes entitled to a deferred benefit under this Act; and
(b) any superannuation contributions tax is paid by the Board on contributions in respect of the person, made when the person was an officer, as a result of the operation of the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997 to discharge the liability imposed under that Act; and
(c) the notice of surcharge assessment is issued after the person ceased to be an officer.
(2) The Board must reduce the person's deferred benefit to the extent determined by an actuary appointed by the Board to be necessary to recover the amount referred to in subsection (1).
(3) The Board must advise the person in writing as to the actuary's determination.
(4) The exercise of the power under subsection (2) does not affect the exercise of any other commutation rights under this Act.
S. 71E inserted by No. 29/2000 s. 15.