Commonwealth Consolidated Regulations

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SUPERANNUATION INDUSTRY (SUPERVISION) REGULATIONS 1994 - REG 3.01

Public offer superannuation fund -- member of a prescribed class

                For the purposes of sub‑subparagraph 18 (1) (a) (ii) (B) of the Act, a prescribed class is a class of persons, each of whom is:

                (a)    a former standard employer‑sponsored member of the fund concerned who, since ceasing to be a standard employer‑sponsored member of the fund, has remained a member of the fund at all times; or

               (b)    a spouse, or former spouse, of a standard employer‑sponsored member of the fund concerned in relation to whom the fund has accepted eligible spouse contributions from the standard employer‑sponsored member; or

                (c)    both:

                          (i)    a spouse, or former spouse, of a person who is a former standard employer‑sponsored member ( the other person ) of the fund concerned; and

                         (ii)    a person in relation to whom the fund concerned accepted eligible spouse contributions from the other person while the other person was a member of the fund; or

               (d)    both:

                          (i)    a spouse, or former spouse, of a standard employer‑sponsored member ( the other person ) of a fund that has the same standard employer‑sponsor as the fund concerned; and

                         (ii)    a person in relation to whom the fund concerned has accepted eligible spouse contributions from the other person; or

                (e)    both:

                          (i)    a spouse, or former spouse, of a person who is a former standard employer‑sponsored member ( the other person ) of a fund ( the other fund ) that, at all times relevant to subparagraph (ii), had the same standard employer‑sponsor as the fund concerned; and

                         (ii)    a person in relation to whom the fund concerned accepted eligible spouse contributions from the other person while the other person was a member of the other fund; or

                (f)    a non‑member spouse for whom an interest has been created in the fund, if the original interest of the member spouse was an interest in that fund; or

                (g)    a person in relation to whom the fund concerned has accepted child contributions:

                          (i)    made by a standard employer‑sponsored member; or

                         (ii)    made by a person who is a former standard‑employer sponsored member while the person was a member; or

                (h)    a person in relation to whom the fund concerned has accepted child contributions:

                          (i)    made by a standard employer‑sponsored member of a fund that has the same standard employer‑sponsor as the fund concerned; or

                         (ii)    made by a person who is a former standard‑employer sponsored member of a fund that has the same standard employer‑sponsor as the fund concerned:

                                   (A)     while the person was a member of the fund; and

                                   (B)     while the fund had the same standard employer‑sponsor as the fund concerned; or

                 (i)    a spouse or former spouse of a current or former standard employer‑sponsored member for whom an interest has been created in the fund under Division 6.7.



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