Section 200A — Corporations Act 2001: When benefit given in connection with retirement from an office or position

General rules (1) For the purposes of this Division: (a) a benefit is given in connection with a person’s retirement from an office or position if the benefit is given: (i) by way of compensation for, or otherwise in connection with, the loss by the person of the office or position; or (ii) in connection with the person’s retirement from the office or position; and (b) giving a benefit includes: (i) if the benefit is a payment—making the payment; and (ii) if the benefit is an interest in property—transferring the interest; and (c) a person gives a benefit even if the person is obliged to give the benefit under a contract; and (d) a pension or lump sum is paid or payable in connection with the person’s retirement from an office or position if the pension or lump sum is paid or payable: (i) by way of compensation for, or otherwise in connection with, the loss by the person of the office or position; or (ii) in connection with the person’s retirement from the office or position; and (e) retirement from an office or position includes: (i) loss of the office or position; and (ii) resignation from the office or position; and (iii) death of a person at a time when they hold the office or position; and (f) when working out whether a person has retired from an office or position, disregard whether or not the person’s details are included in a directors’ report in accordance with paragraph 300A(1)(c). Rules in regulations (1A) Without limiting subsection (1), a benefit is given in connection with a person’s retirement from an office or position if the benefit is given in circumstances specified in regulations made for the purposes of this subsection. Note: For specification by class, see subsection 13(3) of the Legislation Act 2003. Related benefits (2) For the purposes of this Division, if: (a) a person (person A) gives another person a benefit (benefit A); and (b) person A gives benefit A for the purpose, or for purposes including the purpose, of enabling or assisting someone to give a person a benefit in connection with the retirement of a person (person B) from an office or position; person A is taken to give benefit A in connection with the person B’s retirement from that office or position.