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

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

12   After section 5

Insert in Part 1:

Severable operation of Act so far as complaints concerning death benefits are concerned

"5A. Without limiting its effect apart from this section, this Act also has the effect it would have if the power of the Tribunal to review a complaint under section 14 about a decision of a trustee of a regulated superannuation fund relating to the payment of a death benefit in respect of a deceased member of the fund were confined to a power to review a complaint about:

(a) a decision of a trustee if the trustee is a constitutional corporation; or

(b) a decision of a trustee if the benefit is provided under a contract of insurance with the trustee; or

(c) a decision of a trustee if the benefit is:

(i) an invalid or old age pension within the meaning of section 51(xxiii) of the Constitution; or

(ii) a lump sum representing the commutation of an entitlement to such a pension; or

(iii) a lump sum representing the money in the fund comprising an accumulation of the contributions paid for the purpose of providing such a pension together with accumulated earnings at the time of payment of the lump sum.".