Regulated superannuation fund
19 Regulated superannuation fund
Definition
A regulated superannuation fund is a superannuation fund in respect of which subsections (2) to (4) have been complied with.
Fund must have a trustee
The superannuation fund must have a trustee.
Trustee must be a constitutional corporation or fund must be a pension fund
Either of the following must apply:
the trustee of the fund must be a constitutional corporation pursuant to a requirement contained in the governing rules;
the governing rules must provide that the sole or primary purpose of the fund is the provision of old‑age pensions.
Election by trustee
The trustee or trustees must have given to the Commissioner of Taxation a written notice that is:
in the approved form; and
signed by the trustee or each trustee;
electing that this Act is to apply in relation to the fund.
The approved form of written notice may require the trustee or the trustees to set out the tax file number of the fund. See subsection 299U(1).
Election is irrevocable
An election made as mentioned in subsection (4) is irrevocable.
Trustee has power to make election despite anything in the governing rules etc.
The trustee or trustees have the power to make an election as mentioned in subsection (4) despite anything in the governing rules of the fund.
References to repealed provisions of OSSA
A reference in this section to a provision of the Occupational Superannuation Standards Act 1987 includes a reference to the provision as it continues to apply, despite its repeal, because of the Occupational Superannuation Standards Amendment Act 1993.
This Act’s bill:Second reading speech
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