Advice to Superannuation Fund of amount of overpayment and recovery process

<Superannuation Scheme Fund>

Attention:  <Contact name>

RECOVERY OF WORKERS' COMPENSATION FROM SUPERANNUATION BENEFIT

Employee<Full name of employee>

Superannuation No<AGS/other superannuation number>

Employer<Full name of former employer>

Thank you for your recent advice about the abovenamed employee's retirement date and superannuation details.

The purpose of this letter is to further advise that the employee's workers' compensation entitlement has now been recalculated having regard to the superannuation details you provided.

EITHER

In this instance, no overpayment of compensation has occurred.  Therefore, my earlier request not to pay any benefit to the employee now ceases to apply.

OR

This has resulted in an overpayment of occurring between the date of retirement and .

The Safety, Rehabilitation and Compensation Act (the Act) provides that the administrator of a superannuation scheme is to pay the amount of the overpayment of compensation direct to Comcare from payments of the pension and/or lump sum otherwise payable to the employee as follows:

• if the amount of any payment of pension/lump sum that would have been made is less than or equal to the adjusted overpayment, that amount is to be paid to Comcare instead of to the employee; or

• if the amount of any payment of pension/lump sum that would have been made is greater than the adjusted overpayment, so much of that amount as is equal to that of the overpayment is to be paid to Comcare instead of to the employee.  Any residual amount is then paid to the employee.

The Act further provides that the administrator of a superannuation scheme must comply with the requirements of section 114B, despite the provisions of relevant superannuation legislation.

Please note that your payment of the above amount under this notice discharges:

• your liability to pay that amount to the employee; and

• the employee's liability to pay that amount to Comcare.

It would be appreciated if you could arrange to have payment made by cheque at your earliest convenience, payable to 'Comcare Australia' and marked to my attention.

ALL

For further enquiries in regard to this matter, I can be contacted on <phone number>.

Yours sincerely

<Claims Manager>

Comcare

<Date>