Superannuation (Unclaimed Money and Lost Members) Act 1999

PART 2 - INTERPRETATION  

SECTION 10   MEANING OF ELIGIBILITY AGE  

10(1)    
In this Act, eligibility age means:

(a) in the case of a man - 65 years or, if another age is prescribed by the regulations, the age so prescribed; or

(b) in the case of a woman - 60 years or, if another age is prescribed by the regulations, the age so prescribed.

10(2)    
In determining whether a member of a fund has reached eligibility age:

(a) if the superannuation provider does not know whether the member is a man or a woman - the member is taken to be a man; and

(b) if the superannuation provider does not know the member's date of birth - the superannuation provider may determine that the member:

(i) attained a particular age on a particular date (if the superannuation provider reasonably believes that to be the case); or

(ii) turned 18 on the day on which he or she first became a member of the fund; or

(iii) turned 18 on the day on which the superannuation provider first received an amount in respect of him or her; or

(iv) turned 18 at the start of his or her eligible service period.

10(3)   Duty to obtain date of birth and sex of member of fund.  

If a superannuation provider does not know the date of birth or sex of a member of a fund, the provider should make reasonable attempts to obtain that information.

10(4)   Duty to keep records of date of birth and sex of member of fund.  

If a superannuation provider knows the date of birth or sex of a member of a fund, the provider should keep records of that information.