PART 3
-
PAYMENT OF UNCLAIMED MONEY TO THE COMMISSIONER
Division 1
-
Preliminary
History
Div 1 heading inserted by
No 27 of 2009
, s 3 and Sch 2 item 9, effective 27 March 2009.
SECTION 12
MEANING OF
UNCLAIMED MONEY
-
GENERAL MEANING
12(1)
An amount payable to a member of a fund is taken to be
unclaimed money
if:
(a)
the member has reached the eligibility age; and
(b)
(Repealed by No 9 of 2007)
(c)
the superannuation provider has not received an amount in respect of the member (and, in the case of a defined benefits superannuation scheme, no benefit has accrued in respect of the member) within the last 2 years; and
(d)
after the end of a period of 5 years since the superannuation provider last had contact with the member, the provider has been unable to contact the member again after making reasonable efforts.
History
S 12(1) amended by No 133 of 2009, s 3 and Sch 3 item 12, by substituting
"
within the last 2 years
"
for
"
for at least 2 years
"
in para (c), applicable in relation to:
(a) the last unclaimed money day (within the meaning of the
Superannuation (Unclaimed Money and Lost Members) Act 1999
) occurring before 1 July 2010; and
(b) later unclaimed money days.
S 12(1) amended by No 9 of 2007, s 3 and Sch 7 items 3 to 5, by repealing para (b), substituting para (d) and repealing the note, applicable on and after 1 July 2007. Paras (b) and (d) and the note formerly read:
(b)
the superannuation provider determines that, under the governing rules of the fund or by operation of law, a benefit (other than a pension or annuity) is immediately payable in respect of the member; and
(d)
after making reasonable efforts and after a reasonable period has passed, the superannuation provider is unable to ensure that the member receives the benefit.
Note:
A superannuation provider will be unable to ensure that the member receives the benefit if, for example, the provider cannot find the member after making reasonable efforts to do so and after a reasonable period has passed.
12(2)
If:
(a)
a payment split applies to a splittable payment in respect of an interest that a person has as a member of a fund; and
(b)
as a result, the non-member spouse (or his or her legal personal representative if he or she has died) is entitled to be paid an amount; and
(c)
after making reasonable efforts and after a reasonable period has passed, the superannuation provider concerned is unable to ensure that the non-member spouse or his or her legal personal representative, as the case may be, receives the amount;
then the amount payable is taken to be
unclaimed money
.
History
S 12(2) inserted by No 114 of 2001.
12(3)
(Repealed by No 133 of 2009)
History
S 12(3) repealed by No 133 of 2009, s 3 and Sch 3 item 13, applicable in relation to:
(a) the last unclaimed money day (within the meaning of the
Superannuation (Unclaimed Money and Lost Members) Act 1999
) occurring before 1 July 2010; and
(b) later unclaimed money days.
S 12(3) formerly read:
12(3)
In this section:
non-member spouse
has the same meaning as in Part VIIIB of the
Family Law Act 1975
.
payment split
means a payment split under Part VIIIB of the
Family Law Act 1975
.
splittable payment
has the same meaning as in Part VIIIB of the
Family Law Act 1975
.
S 12(3) inserted by No 114 of 2001.