Military Superannuation and Benefits Amendment Trust Deed 1999 (No. 2)
I, BRUCE SCOTT, Minister for Veterans' Affairs and Minister Assisting the Minister for Defence, make this instrument under section 5 of the Military Superannuation and Benefits Act 1991.
Dated 28 June 1999.
BRUCE SCOTT
Minister for Veterans' Affairs
and Minister Assisting the Minister for Defence
Military Superannuation and Benefits Amendment Trust Deed 1999 (No. 2)
made under the
Military Superannuation and Benefits Act 1991
Contents
Page
1 Name of instrument
2 Commencement
3 Amendment of Trust Deed made under the Military Superannuation and Benefits Act 1991
Schedule 1 Amendments
This instrument is the Military Superannuation and Benefits Amendment Trust Deed 1999 (No. 2).
This instrument commences on 1 July 1999.
3 Amendment of Trust Deed made under the Military Superannuation and Benefits Act 1991
Schedule 1 amends the Trust Deed made under the Military Superannuation and Benefits Act 1991.
(section 3)
[1] Rules, subrule 2 (1)
after
prescribed year
insert
preservation age
[2] Rules, subrule 2 (1)
after
previous legislation
insert
regulated superannuation fund
[3] Rules, subrule 10 (4), definition of prescribed arrangement, paragraph (b)
omit
Superannuation Industry (Supervision) Regulations
insert
Superannuation Industry (Supervision) Regulations 1994
[4] Rules, paragraph 12 (2) (a)
after
lump sum
insert
, in accordance with Part 11
[5] Rules, paragraphs 13 (1) (a) and (2) (d)
after
lump sum
insert
, in accordance with Part 11
[6] Rules, subrule 14 (1)
after
lump sum
insert
, in accordance with Part 11
[7] Rules, paragraph 23 (8A) (c)
omit
or (e)
insert
, (e) or (f)
[8] Rules, paragraphs 27 (1) (a) and 28 (1) (a)
after
lump sum
insert
, in accordance with Part 11
[9] Rules, subrule 29 (3)
after
paragraph 51 (1) (e)
insert
or (f)
[10] Rules, subrule 49 (1)
after
lump sum
insert
, in accordance with Part 11
[11] Rules, rule 51, heading
substitute
51 Certain benefits included in preserved benefits
[12] Rules, subrule 51 (1)
after
the employer benefit
insert
and member benefit
[13] Rules, paragraph 51 (1) (e)
substitute
(e) the Australian Prudential Regulation Authority determines that the person satisfies a condition of release on a compassionate ground under subregulation 6.19A (2) of the Superannuation Industry (Supervision) Regulations 1994 — the date of approval;
[14] Rules, paragraph 51 (1) (f)
omit
the Superannuation Industry (Supervision) Regulations
insert
the Superannuation Industry (Supervision) Regulations 1994
[15] Rules, paragraph 52 (1) (a)
after
lump sum
insert
in accordance with Part 11
[16] Rules, subparagraphs 52 (1) (c) (ii) and (d) (iv)
after
lump sum
insert
in accordance with Part 11
[17] Rules, after rule 81
insert
Part 11 Preserved benefits
82 Member benefits accruing before 1 July 1999
If a person becomes entitled to be paid a member benefit:
(a) the amount of the member benefit accruing to the person before 1 July 1999 is payable to him or her as a lump sum; or
(b) the person may elect to preserve that amount in a regulated superannuation fund.
83 Member benefits accruing on or after 1 July 1999
If a person becomes entitled to be paid a member benefit, the amount of the benefit accruing to the person on or after 1 July 1999 must be preserved in a regulated superannuation fund until he or she attains his or her preservation age.
84 Employer benefits
If a person turns 55 before attaining his or her preservation age, the amount of the employer benefit accruing to the person must be preserved in a regulated superannuation fund until he or she attains his or her preservation age.
[18] Rules, Schedule 1, clause 1, definition of interim benefit
omit
Defence Force (Superannuation Interim Arrangement) Determination
insert
Defence Force (Superannuation) (Productivity Benefit) Determination
[19] Rules, Schedule 1, clause 1, after definition of prescribed year
insert
preservation age has the same meaning as in subregulation 6.01 (2) of the Superannuation Industry (Supervision) Regulations 1994.
[20] Rules, Schedule 1, clause 1, after definition of previous legislation
insert
regulated superannuation fund has the same meaning as in section 19 of the Superannuation Industry (Supervision) Act 1993.