Superannuation Legislation Amendment (MySuper Measures) Regulation 2013 (155 of 2013)

Schedule 1   Amendments relating to MySuper

Superannuation Guarantee (Administration) Regulations 1993

89   After regulation 6

Insert:

6A Circumstances in which member taken to be defined benefit member

(1) For paragraph 6AA(b) of the Act, subregulations (2) and (3) set out circumstances in which a member of a superannuation fund is to be taken to be a defined benefit member for subsection 19(2CA) of the Act.

(2) A circumstance is that the member:

(a) is a member of the scheme established under the Military Superannuation and Benefits Act 1991 (the military superannuation scheme ); or

(b) holds an interest, as a non-member spouse within the meaning of section 90MD of the Family Law Act 1975, in the military superannuation scheme; or

(c) has a preserved benefit in the military superannuation scheme; or

(d) has an ancillary account in the military superannuation scheme; or

(e) both:

(i) is a member of the scheme established under the Defence Force Retirement and Death Benefits Act 1973; and

(ii) has an ancillary account in the military superannuation scheme.

(3) A circumstance is that the member:

(a) holds an interest, as a non-member spouse within the meaning of section 90MD of the Family Law Act 1975, in a superannuation scheme established under the Superannuation Act 1976 or the Superannuation Act 1990; or

(b) has made an election under section 137 of the Superannuation Act 1976; or

(c) is a preserved benefit member within the meaning of the Public Sector Superannuation Scheme Trust Deed, as in force from time to time.