Superannuation Industry (Supervision) Legislation Amendment Act 1995 (144 of 1995)

Schedule 5   AMENDMENTS OF THE SUPERANNUATION (RESOLUTION OF COMPLAINTS) ACT 1993

5   Subsection 3(2) (before the definition of excluded complaint)

Insert:

"conduct includes acts, omissions and representations.

death benefit means:

(a) a benefit:

(i) that is payable by the trustee of a regulated superannuation fund in respect of a member of the fund on or after the death of the member; and

(ii) that is provided in accordance with subparagraph 62(1)(a)(iv) or (v) or (b)(iii) or (iv) of the Supervision Act or in accordance with an approval of the Commissioner under subparagraph 62(1)(b)(v) of that Act; or

(b) a benefit:

(i) that is payable by the trustee of an approved deposit fund in respect of a beneficiary of the fund on or after the death of the beneficiary; and

(ii) that is provided in accordance with the requirements of the Supervision Act; or

(c) a benefit that is payable by a life company within the meaning of the Life Insurance Act 1995 under an annuity policy in respect of the policy owner within the meaning of that Act on or after the death of the policy owner.

decision-maker, in relation to a complaint relating to a disability benefit (whether under a contract of insurance or otherwise), means a person who the Tribunal has decided under paragraph 18(1)(d) is responsible for determining either or both of the existence and the extent of the disability (whether total and permanent or otherwise).

disability benefit means a benefit that is:

(a) payable by the trustee of a regulated superannuation fund in the event of temporary or permanent cessation of employment because of a partially or totally disabling physical or mental condition; and

(b) provided in accordance with subparagraph 62(1)(b)(ii) of the Supervision Act.".