Superannuation (Unclaimed Money and Lost Members) Act 1999

PART 3A - PAYMENT OF UNCLAIMED SUPERANNUATION OF FORMER TEMPORARY RESIDENTS  

Division 5 - Various rules for special cases  

SECTION 20JA   PRESCRIBED PUBLIC SECTOR SUPERANNUATION SCHEMES  

20JA(1)    
Section 6 , subsections 16(7) , 17(2A) and 19(1) and (3) , this Part (other than subsections 20F(5) and (6) ) and subsections 24C(6) , 24E(5) and 25(2A) apply as if:

(a) a public sector superannuation scheme that:

(i) is prescribed for the purposes of this section; and

(ii) in the case of a Commonwealth public sector superannuation scheme - is not a fund, or is an unfunded public sector scheme;

were a fund; and

Note 1:

The regulations may prescribe a scheme by reference to a class of schemes: see subsection 13(3) of the Legislation Act 2003 .

Note 2:

This Part applies to a Commonwealth public sector superannuation scheme that is not an unfunded public sector scheme whether or not the scheme is prescribed: see section 20C .

(b) the trustee of the scheme were the superannuation provider; and

(c) a person who has an interest in the scheme had a superannuation interest in the fund.

20JA(2)    
Despite subsection (1), in the case of a State or Territory public sector superannuation scheme:

(a) section 20C (notices about certain former temporary residents) permits, rather than requires, the Commissioner to give a notice to the trustee; and

(b) section 20E (statement):

(i) permits, rather than requires, the trustee to give a statement to the Commissioner; and

(ii) does not permit the trustee to give a statement to the Commissioner if the governing rules of the scheme prohibit the trustee from giving the statement to the Commissioner; and

(c) section 20F (payment of unclaimed superannuation):

(i) does not apply in relation to a notice given to the trustee under section 20C if the trustee does not give a statement in relation to the notice to the Commissioner under section 20E ; and

(ii) permits, rather than requires, the trustee to pay an amount to the Commissioner; and

(iii) does not apply to an amount to the extent that the governing rules of the scheme prohibit the trustee from paying the amount to the Commissioner.