Superannuation Industry (Supervision) Regulations 1994

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.

REGULATION 6.29   TRANSFER - FUNDS  

6.29(1)    

Except as otherwise provided by the Act, the Corporations Act 2001 , the Corporations Regulations 2001 or these regulations, a member ' s benefits in a fund must not be transferred from the fund unless:

(a)    the member has given to the trustee the member ' s consent to the transfer; or

(b)    the trustee of the fund believes, on reasonable grounds, that:

(i) the trustee of the fund or the EPSSS; or

(ii) the RSA institution providing the RSA;

into which the benefits are to be transferred, has received, from the member, consent to the transfer; or

(ba)    

in the case of an eligible rollover fund - the trustee of the fund believes, on reasonable grounds, that:

(i) the member has a superannuation interest in the fund, an interest in the EPSSS, or an RSA interest in the RSA, into which the benefits are to be transferred; and

(ii) the trustee of the fund or EPSSS, or the RSA institution providing the RSA, has received at least one contribution or rollover in respect of the member within the 12 month period ending when the transfer is to be made; or

(c)    the transfer is to a successor fund; or

(d)    

for section 29SAA , 29SAB , 387 , 388 or 394 of the Act the trustee of the fund is required by a prudential standard made under section 34C of the Act to transfer the benefits.

6.29(1A)    

Paragraph (1)(c) does not apply to a transfer to a successor fund that is an eligible rollover fund if the transfer takes place on or after the later of:

(a)    1 May 2021; and

(b)    the seventh day after Schedule 1 to the Treasury Laws Amendment (Reuniting More Superannuation) Act 2021 commences.

6.29(2)    

The fund to which the money is to be transferred 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.