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Superannuation (Public Employees Portability) Act 1985
sec.8Determination of transfer value and contributor’s component
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### sec.8 Determination of transfer value and contributor’s component
The actuary shall determine the amount of the transfer value to be paid from the fund of the approved superannuation scheme on account of the elector and, having regard to subsection (3) , shall make in respect thereof appropriate allowance for any transfer value received by the administrators of the approved superannuation scheme on account of the elector in respect of the elector becoming a contributor to the scheme and shall, having regard to subsection (2) , determine and declare in writing to the administrators of the approved superannuation scheme the amount of the transfer value that is the contributor’s component.
In no case shall the contributor’s component of a transfer value payable from fund of an approved superannuation scheme exceed the amount that the elector would have been entitled to receive under the scheme had the elector not made an election referred to in section 6 (1) .
Where the administrators of an approved superannuation scheme have received a transfer value that includes a subsidy component that has at any time, wholly or in part, been determined by or on behalf of the administrators of the superannuation scheme established under any of the following Acts of the Commonwealth—
the Superannuation Act 1922 ;
the Superannuation Act 1976 ;
the Defence Forces Retirement Benefits Act 1948 ;
the Defence Force Retirement and Death Benefits Act 1973 ;
the subsidy component (to the extent so determined) of that transfer value shall not be paid from the fund of the approved superannuation scheme pursuant to section 7 unless the superannuation scheme to which the elector has become a contributor is—
an eligible superannuation scheme under the Superannuation Act 1922 (Cwlth) , section 119R for the purposes of that Act, part 10A , division 3 or under the Superannuation Act 1976 (Cwlth) , section 134 for the purposes of that Act, part 10A , division 3 ; or
an approved superannuation scheme under the Superannuation Act 1922 (Cwlth) , section 119ZC (11) for the purposes of that Act, section 119ZC or under the Superannuation Act 1976 (Cwlth) , section 145 (11) for the purposes of that Act, section 145 ; or
the superannuation scheme established under the Superannuation Act 1976 (Cwlth) .
(sec.8-ssec.1) The actuary shall determine the amount of the transfer value to be paid from the fund of the approved superannuation scheme on account of the elector and, having regard to subsection (3) , shall make in respect thereof appropriate allowance for any transfer value received by the administrators of the approved superannuation scheme on account of the elector in respect of the elector becoming a contributor to the scheme and shall, having regard to subsection (2) , determine and declare in writing to the administrators of the approved superannuation scheme the amount of the transfer value that is the contributor’s component.
(sec.8-ssec.2) In no case shall the contributor’s component of a transfer value payable from fund of an approved superannuation scheme exceed the amount that the elector would have been entitled to receive under the scheme had the elector not made an election referred to in section 6 (1) .
(sec.8-ssec.3) Where the administrators of an approved superannuation scheme have received a transfer value that includes a subsidy component that has at any time, wholly or in part, been determined by or on behalf of the administrators of the superannuation scheme established under any of the following Acts of the Commonwealth— the Superannuation Act 1922 ; the Superannuation Act 1976 ; the Defence Forces Retirement Benefits Act 1948 ; the Defence Force Retirement and Death Benefits Act 1973 ; the subsidy component (to the extent so determined) of that transfer value shall not be paid from the fund of the approved superannuation scheme pursuant to section 7 unless the superannuation scheme to which the elector has become a contributor is— an eligible superannuation scheme under the Superannuation Act 1922 (Cwlth) , section 119R for the purposes of that Act, part 10A , division 3 or under the Superannuation Act 1976 (Cwlth) , section 134 for the purposes of that Act, part 10A , division 3 ; or an approved superannuation scheme under the Superannuation Act 1922 (Cwlth) , section 119ZC (11) for the purposes of that Act, section 119ZC or under the Superannuation Act 1976 (Cwlth) , section 145 (11) for the purposes of that Act, section 145 ; or the superannuation scheme established under the Superannuation Act 1976 (Cwlth) .
- (a) the Superannuation Act 1922 ;
- (b) the Superannuation Act 1976 ;
- (c) the Defence Forces Retirement Benefits Act 1948 ;
- (d) the Defence Force Retirement and Death Benefits Act 1973 ;
- (e) an eligible superannuation scheme under the Superannuation Act 1922 (Cwlth) , section 119R for the purposes of that Act, part 10A , division 3 or under the Superannuation Act 1976 (Cwlth) , section 134 for the purposes of that Act, part 10A , division 3 ; or
- (f) an approved superannuation scheme under the Superannuation Act 1922 (Cwlth) , section 119ZC (11) for the purposes of that Act, section 119ZC or under the Superannuation Act 1976 (Cwlth) , section 145 (11) for the purposes of that Act, section 145 ; or
- (g) the superannuation scheme established under the Superannuation Act 1976 (Cwlth) .