PART 6
-
PAYMENT STANDARDS
Division 6.4
-
General rules for rollover and transfer of benefits in regulated superannuation funds and approved deposit funds
Note: See
also Parts
22
and
24
of the Act.
History
Div 6.4 heading substituted by SR No 251 of 2003, reg 3 and Sch 1 item 9, effective 1 July 2004. Div 6.4 heading formerly read:
Division 6.4
-
Rollover and transfer of benefits in regulated superannuation funds and approved deposit funds
Note substituted by SR No 159 of 1995, reg 30.1, effective 1 July 1995. The Note formerly read: ``
[
NOTE: Rollovers are also permitted and required by provisions of Parts 22 and 24 of the Act.]''
REGULATION 6.28
ROLLOVER
-
REGULATED SUPERANNUATION FUNDS AND APPROVED DEPOSIT FUNDS
6.28(1)
[Conditions allowing rollover]
Except as otherwise provided by the Act, the
Corporations Act 2001
, the
Corporations Regulations 2001
or these regulations, a member's benefits in a regulated superannuation fund or an approved deposit fund must not be rolled over from the fund unless:
(a)
the member has given to the trustee the member's consent to the rollover; or
(b)
the trustee of the fund believes, on reasonable grounds, that:
(i)
the trustee of the regulated superannuation fund, the approved deposit fund or the EPSSS; or
(ii)
the RSA institution providing the RSA;
into which the benefits are to be rolled over has received, from the member, consent to the rollover.
6.28(2)
[Receiving fund]
The fund to which the money is to be rolled over must not be a registrable superannuation entity that:
(a)
is a regulated superannuation fund or an approved deposit fund; and
(b)
has not been registered under Part
2B
of the Act.
History
Reg 6.28(2) amended by SLI No 113 of 2004, reg 3 and Sch 2 items 6 and 7, by substituting para (a) and repealing the note, effective 1 July 2006. Para (a) and the note formerly read:
(a)
is a regulated superannuation fund or an approved deposit fund:
(i)
that came into existence on or after the start of the licensing transition period; and
(ii)
for which there is an RSE licensee; and
Note:
Licensing transition period
is defined in subsection
10(1)
of the Act.
History
Reg 6.28 amended by SR No 113 of 2004, reg 3 and Sch 1 items 8 and 9, by renumbering reg 6.28 as 6.28(1) and inserting reg 6.28(2), effective 1 July 2004.
Reg 6.28 amended by SR No 21 of 2002, reg 3 and Sch 1 item 38, effective 11 March 2002, by inserting
"
, the
Corporations Act 2001
, the
Corporations Regulations 2001
"
after
"
the Act
"
.
Reg 6.28 amended by SR No 14 of 1999, SR No 117 of 1997 and SR No 159 of 1995; substituted by SR No 142 of 1995.