Superannuation Legislation Amendment (MySuper Measures) Regulation 2013 (155 of 2013)
Schedule 1 Amendments relating to MySuper
Superannuation Industry (Supervision) Regulations 1994
90 Subregulation 1.04(2)
Repeal the subregulation, including the subheading, substitute:
Defined benefit member
(2) For paragraph 10(1A)(b) of the Act, subregulations (3) and (3A) set out circumstances in which a member of a superannuation fund is to be taken to be a defined benefit member for section 20B or Part 2C of the Act.
(3) A circumstance is that the member:
(a) is a member of the scheme established under the Military Superannuation and Benefits Act 1991 (the military superannuation scheme ); or
(b) holds an interest, as a non-member spouse within the meaning of section 90MD of the Family Law Act 1975, in the military superannuation scheme; or
(c) has a preserved benefit in the military superannuation scheme; or
(d) has an ancillary account in the military superannuation scheme; or
(e) both:
(i) is a member of the scheme established under the Defence Force Retirement and Death Benefits Act 1973; and
(ii) has an ancillary account in the military superannuation scheme.
(3A) A circumstance is that the member:
(a) holds an interest, as a non-member spouse within the meaning of section 90MD of the Family Law Act 1975, in a superannuation scheme established under the Superannuation Act 1976 or the Superannuation Act 1990; or
(b) has made an election under section 137 of the Superannuation Act 1976; or
(c) is a preserved benefit member within the meaning of the Public Sector Superannuation Scheme Trust Deed, as in force from time to time; or
(d) has either of the following in the scheme established under the Superannuation (State Public Sector) Act 1990 (Qld):
(i) a capital guaranteed interest in a voluntary preservation plan;
(ii) a deferred retirement benefit amount; or
(e) both:
(i) is covered by the Crown Employees (Fire and Rescue NSW Firefighting Staff Death and Disability) Award 2012 (the 2012 award ) or by an award that replaces the 2012 award (a successor award ); and
(ii) would be entitled, on the occurrence of an event mentioned in any of the following clauses, to a pension or lump sum mentioned in that clause:
(A) clause 7 of the 2012 award, or an equivalent clause of a successor award;
(B) clause 8 of the 2012 award, or an equivalent clause of a successor award;
(C) clause 10 of the 2012 award, or an equivalent clause of a successor award;
(D) clause 11 of the 2012 award, or an equivalent clause of a successor award.
Copyright notice
© Australian Taxation Office for the Commonwealth of Australia
You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).