Superannuation Industry (Supervision) Amendment Regulations 2007 (No. 2)

(105 of 2007)

26 April 2007

Superannuation Industry (Supervision) Act 1993

1   Name of Regulations

These Regulations are the Superannuation Industry (Supervision) Amendment Regulations 2007 (No. 2).

2   Commencement

These Regulations commence on 1 July 2007.

3   Amendment of Superannuation Industry (Supervision) Regulations 1994

Schedule 1 amends the Superannuation Industry (Supervision) Regulations 1994, as amended by the Superannuation Industry (Supervision) Amendment Regulations 2007 (No. 1).

Schedule 1   Amendments

[1]   Sub-subparagraph 1.05 (11A) (b) (i) (B)

omit

splitting order

insert

payment split

[2]   Sub-subparagraph 1.06 (9A) (b) (i) (B)

omit

splitting order

insert

payment split

[3]   Paragraph 1.07A (1) (a)

omit

1.05 (1) (d)

insert

1.05 (1A) (e)

[4]   Paragraph 1.07A (1) (b)

substitute

(b) a contract mentioned in paragraph 1.05 (1A) (g) for a benefit that is an annuity under sub-subparagraph 1.05 (1A) (g) (i) (A) (in this regulation called the annuity );

[5]   Paragraph 1.07A (1) (c)

omit

1.06 (1) (c)

insert

1.06 (1A) (c)

[6]   Subparagraph 5.04 (3) (b) (iii)

omit

earnings on them.

insert

earnings on them; and

[7]   After subparagraph 5.04 (3) (b) (iii)

insert

(iv) any amount allocated under regulation 292-170.03 of the Income Tax Assessment Regulations 1997.

[8]   Regulation 7.06

omit

accumulation fund

insert

accumulation interest

[9]   Regulation 7.07

omit

that are accumulation funds

[10]   Regulation 7.08

substitute

7.08 Contributions to be allocated to members

(1) If, on or before 31 May 2008, the trustee of a defined benefit fund receives a contribution in a month in relation to an accumulation interest, the trustee must allocate the contribution to a member of the fund by 30 June 2008.

(2) If a trustee receives a contribution in a month in relation to an accumulation interest, and subregulation (1) does not apply, the trustee must allocate the contribution to a member of the fund:

(a) within 28 days after the end of the month; or

(b) if it is not reasonably practicable to allocate the contribution to the member of the fund within 28 days after the end of the month - within such longer period as is reasonable in the circumstances.

[11]   After Division 7.2

insert in Part 7

Division 7.3 Contributions to be allocated to members - certain other regulated superannuation funds

7.09 Application of Division 7.3

This Division applies only to a regulated superannuation fund that is required to allocate contributions in accordance with regulation 292-170.03 of the Income Tax Assessment Regulations 1997.

7.10 Operating standard

For subsection 31 (1) of the Act, a requirement set out in this Division is a standard applicable to the operation of regulated superannuation funds that are required to allocate contributions in accordance with regulation 292-170.03 of the Income Tax Assessment Regulations 1997.

7.11 Contributions to be allocated to members

If a trustee is required to allocate a contribution in a month in accordance with regulation 292-170.03 of the Income Tax Assessment Regulations 1997, the trustee must allocate the contribution to a member of the fund:

(a) within 28 days after the end of the month; or

(b) if it is not reasonably practicable to allocate the contribution to the member of the fund within 28 days after the end of the month - within such longer period as is reasonable in the circumstances.

[12]   Schedule 1AA, Part 3, Commonwealth

after

Defence Force Retirement and Death Benefits Act 1973

insert

Defence Forces Retirement Benefits Act 1948

[13]   Schedule 1AA, Part 3, Commonwealth

after

Judges’ Pensions Act 1968

insert

Papua New Guinea (Staffing Assistance) Act 1973

[14]   Schedule 1AA, Part 3, Commonwealth

after

Parliamentary Contributory Superannuation Act 1948

insert

Superannuation Act 1922

[15]   Schedule 1AA, Part 3, South Australia

omit

Superannuation (Benefit Scheme) Act 1992

[16]   Schedule 1AA, Part 3, South Australia

omit

Schemes established by or under trust deeds

Lyell McEwen Health Service Incorporated Superannuation Fund

Police Occupational Superannuation Scheme