SUPERANNUATION GUARANTEE (ADMINISTRATION) ACT 1992 - SECT 6B Interpretation: conversion notice

SUPERANNUATION GUARANTEE (ADMINISTRATION) ACT 1992 - SECT 6B

  (1)   A conversion notice is a written notice by the trustee of a superannuation fund given to the Commissioner stating that the fund, or a particular superannuation scheme embodied in the governing rules of the fund, is to be treated as a defined benefit superannuation scheme for the purposes of this Act.

  (2)   Subject to subsection   ( 4), a conversion notice takes effect in relation to the fund or scheme on the day specified in the notice. Subject to subsection   ( 4), the trustee may, by written notice ( revocation notice ) given to the Commissioner, revoke the conversion notice.

  (3)   A conversion notice may be expressed to take effect on a day that is not earlier than:

  (a)   if the notice is given before 15   May in a quarter starting on 1   April-- 1   January in the previous quarter; or

  (b)   if the notice is given before 15   August in a quarter starting on 1   July--1   April in the previous quarter; or

  (c)   if the notice is given before 15   November in a quarter starting on 1   October--1   July in the previous quarter; or

  (d)   if the notice is given before 15   February in a quarter starting on 1   January --1   October in the previous quarter; or

  (e)   in any other case--the first day of the quarter in which the notice is given.

  (4)   A conversion notice or a revocation notice will not be effective unless, before it is given, the trustee gives each employer contributing to the fund or scheme for the benefit of employees written notice of:

  (a)   the trustee's intention to give the notice; and

  (b)   the proposed date of effect of the notice.

  (5)   If an employer begins contributing to a superannuation fund or a superannuation scheme for the benefit of employees at a time when a conversion notice has effect in relation to the fund or scheme , the trustee must give the employer written notice of:

  (a)   the giving of the conversion notice; and

  (b)   the date of effect of the notice;

within 30 days of the receipt by the trustee of the employer's first contribution.

  (6)   A notice under this section may be given by post.