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.