Treasury Laws Amendment (Payday Superannuation) Regulations 2026 (F2026L00133)

Schedule 1   Superannuation guarantee reforms to address unpaid superannuation

Part 1   Main amendments

Superannuation Guarantee (Administration) Regulations 2018

3   Before section 6

Insert:

5A Circumstances in which member taken to be defined benefit member for the purposes of the Act

(1) For the purposes of paragraph 6AA(b) of the Act, subsection (2) sets out a circumstance in which a member of a superannuation fund is to be taken to be a defined benefit member for the purposes of the Act.

(2) The circumstance is that:

(a) the superannuation fund is a defined benefit superannuation scheme and a superannuation entity (within the meaning of the Superannuation Industry (Supervision) Act 1993); and

(b) the person's minimum benefits in the scheme are met, or will be met, wholly or partly, from a reserve of the scheme; and

(c) a benefit certificate is currently in effect for the scheme.

(3) For the purposes of paragraph (2)(b), reserve has the same meaning as in section 115 of the Superannuation Industry (Supervision) Act 1993.