Military Superannuation and Benefits Amendment Trust Deed 2007 (No. )

Schedule 1 Amendments

(section 3)

[1] Rules, after subrule 10 (1)

insert

(1AA) To avoid doubt, the Department’s obligation to pay an employer contribution in relation to a member continues even if:

(a) the member has not provided his or her tax file number to the Board; or

(b) the Board returns a contribution of the member under rule 11QA.

[2] Rules, subrule 11Q (3)

omit

The Board

insert

Subject to rule 11QA, the Board

[3] Rules, after rule 11Q

insert

11QA Treatment of contributions where no tax file number has been provided

(1) Subject to subrule (2), if the Board receives a contribution from, or on behalf of, a member in a manner that is inconsistent with subregulation 7.04 (2) of the Superannuation Industry (Supervision) Regulations 1994, the Board:

(a) must allocate the contribution to the Investment Division or Investment Divisions nominated by the member; but

(b) must not allocate the contribution to the member’s account.

(2) If, within 30 days after the Board receives the contribution, the member’s tax file number is provided to the Board, the Board must allocate the contribution to the member’s account with effect from the day the tax file number is provided to the Board.

(3) If, at the end of 30 days after the Board receives the contribution, the member’s tax file number has not been provided to the Board, the Board must return the contribution to the member or, if the contribution was paid to the Board by another person on behalf of the member, to that person for the benefit of the member.

[4] Rules, subrule 105 (2)

omit

The Board

insert

Subject to rules 105A and 105B, the Board

[5] Rules, after rule 105

insert

105A Treatment of additional personal contributions where no tax file number has been provided

(1) Subject to subrule (2), if the Board receives an additional personal contribution from, or on behalf of, a member under rule 109 in a manner that is inconsistent with subregulation 7.04 (2) of the Superannuation Industry (Supervision) Regulations 1994, the Board:

(a) must allocate the contribution to the Investment Division or Investment Divisions nominated by the member; but

(b) must not allocate the contribution to the member’s account.

(4) In this rule, member includes a DFRDB member.

105B Treatment of contributions for the benefit of member’s spouse where spouse’s tax file number has not been provided

(1) Subject to subrule (2), if the Board receives a contribution from, or on behalf of, a member for the benefit of the spouse of the member under rule 110 in a manner that is inconsistent with subregulation 7.04 (2) of the Superannuation Industry (Supervision) Regulations 1994, the Board:

(a) must allocate the contribution to the Investment Division or Investment Divisions nominated by the member’s spouse; but

(b) must not allocate the contribution to the member’s spouse’s account.

(2) If, within 30 days after the Board receives the contribution, the member’s spouse’s tax file number is provided to the Board, the Board must allocate the contribution to the member’s spouse’s account with effect from the day the tax file number is provided to the Board.

(3) If, at the end of 30 days after the Board receives the contribution, the member’s spouse’s tax file number has not been provided to the Board, the Board must return the contribution:

(a) to the member for the benefit of the member’s spouse; or

(b) if the contribution was paid to the Board by another person on behalf of the member, to that person for the benefit of the member’s spouse.

(4) In this rule, member includes a DFRDB member.

[6] Rules, Schedule 1, Part 1, after definition of surcharge deduction amount

insert

tax file number has the same meaning as in Part VA of the Income Tax Assessment Act 1936.