Superannuation Industry (Supervision) Act 1993

PART 7 - PROVISIONS APPLYING ONLY TO REGULATED SUPERANNUATION FUNDS  

SECTION 62   SOLE PURPOSE TEST  

62(1)   [Purposes for which fund is maintained]  

Each trustee of a regulated superannuation fund must ensure that the fund is maintained solely:

(a) for one or more of the following purposes (the core purposes ):

(i) the provision of benefits for each member of the fund on or after the member ' s retirement from any business, trade, profession, vocation, calling, occupation or employment in which the member was engaged (whether the member ' s retirement occurred before, or occurred after, the member joined the fund);

(ii) the provision of benefits for each member of the fund on or after the member ' s attainment of an age not less than the age specified in the regulations;

(iii) the provision of benefits for each member of the fund on or after whichever is the earlier of:

(A) the member ' s retirement from any business, trade, profession, vocation, calling, occupation or employment in which the member was engaged; or

(B) the member ' s attainment of an age not less than the age prescribed for the purposes of subparagraph (ii);

(iv) the provision of benefits in respect of each member of the fund on or after the member ' s death, if:

(A) the death occurred before the member ' s retirement from any business, trade, profession, vocation, calling, occupation or employment in which the member was engaged; and

(B) the benefits are provided to the member ' s legal personal representative, to any or all of the member ' s dependants, or to both;

(v) the provision of benefits in respect of each member of the fund on or after the member ' s death, if:

(A) the death occurred before the member attained the age prescribed for the purposes of subparagraph (ii); and

(B) the benefits are provided to the member ' s legal personal representative, to any or all of the member ' s dependants, or to both; or

(b) for one or more of the core purposes and for one or more of the following purposes (the ancillary purposes ):

(i) the provision of benefits for each member of the fund on or after the termination of the member ' s employment with an employer who had, or any of whose associates had, at any time, contributed to the fund in relation to the member;

(ii) the provision of benefits for each member of the fund on or after the member ' s cessation of work, if the work was for gain or reward in any business, trade, profession, vocation, calling, occupation or employment in which the member was engaged and the cessation is on account of ill-health (whether physical or mental);

(iii) the provision of benefits in respect of each member of the fund on or after the member ' s death, if:

(A) the death occurred after the member ' s retirement from any business, trade, profession, vocation, calling, occupation or employment in which the member was engaged (whether the member ' s retirement occurred before, or occurred after, the member joined the fund); and

(B) the benefits are provided to the member ' s legal personal representative, to any or all of the member ' s dependants, or to both;

(iv) the provision of benefits in respect of each member of the fund on or after the member ' s death, if:

(A) the death occurred after the member attained the age prescribed for the purposes of subparagraph (a)(ii); and

(B) the benefits are provided to the member ' s legal personal representative, to any or all of the member ' s dependants, or to both;

(v) the provision of such other benefits as the Regulator approves in writing.

62(1A)   [Same kind of benefits for members not required]  

Subsection (1) does not imply that a trustee of a regulated superannuation fund is required to maintain the fund so that the same kind of benefits will be provided:

(a) to each member of the fund; or

(b) in respect of each member of the fund.

62(2)   [Civil penalty]  

Subsection (1) is a civil penalty provision as defined by section 193 , and Part 21 therefore provides for civil and criminal consequences of contravening, or of being involved in a contravention of, that subsection.

62(3)   [The Regulator ' s approval]  

An approval given by the Regulator for the purposes of subsection (1) may be expressed to relate to:

(a) a specified fund; or

(b) a specified class of funds.