Superannuation Industry (Supervision) Regulations 1994

PART 3 - MATTERS PRESCRIBED OR SPECIFIED IN RELATION TO PUBLIC OFFER ENTITIES  

REGULATION 3.01  

3.01   PUBLIC OFFER SUPERANNUATION FUND - MEMBER OF A PRESCRIBED CLASS  

For the purposes of sub-subparagraph 18(1)(a)(ii)(B) of the Act, a prescribed class is a class of persons, each of whom is:

(a) a former standard employer-sponsored member of the fund concerned who, since ceasing to be a standard employer-sponsored member of the fund, has remained a member of the fund at all times; or

(b) a spouse, or former spouse, of a standard employer-sponsored member of the fund concerned in relation to whom the fund has accepted eligible spouse contributions from the standard employer-sponsored member; or

(c) both:

(i) a spouse, or former spouse, of a person who is a former standard employer-sponsored member ( the other person ) of the fund concerned; and

(ii) a person in relation to whom the fund concerned accepted eligible spouse contributions from the other person while the other person was a member of the fund; or

(d) both:

(i) a spouse, or former spouse, of a standard employer-sponsored member ( the other person ) of a fund that has the same standard employer-sponsor as the fund concerned; and

(ii) a person in relation to whom the fund concerned has accepted eligible spouse contributions from the other person; or

(e) both:

(i) a spouse, or former spouse, of a person who is a former standard employer-sponsored member ( the other person ) of a fund ( the other fund ) that, at all times relevant to subparagraph (ii), had the same standard employer-sponsor as the fund concerned; and

(ii) a person in relation to whom the fund concerned accepted eligible spouse contributions from the other person while the other person was a member of the other fund; or

(f) a non-member spouse for whom an interest has been created in the fund, if the original interest of the member spouse was an interest in that fund; or

(g) a person in relation to whom the fund concerned has accepted child contributions:

(i) made by a standard employer-sponsored member; or

(ii) made by a person who is a former standard-employer sponsored member while the person was a member; or

(h) a person in relation to whom the fund concerned has accepted child contributions:

(i) made by a standard employer-sponsored member of a fund that has the same standard employer-sponsor as the fund concerned; or

(ii) made by a person who is a former standard-employer sponsored member of a fund that has the same standard employer-sponsor as the fund concerned:

(A) while the person was a member of the fund; and

(B) while the fund had the same standard employer-sponsor as the fund concerned; or

(i) a spouse or former spouse of a current or former standard employer-sponsored member for whom an interest has been created in the fund under Division 6.7 .