Document ID: chunk:federal_register_of_legislation:C2025C00134:section:68aac:p1
Version: federal_register_of_legislation:C2025C00134
Segment Type: section
Provision Reference: s 68AAC (pt 1/2)
Character Range: 475538–478127

68AAC  Benefits provided by taking out insurance—members under 25 years old
 (1) Each trustee of a regulated superannuation fund must ensure that a benefit is not provided by the fund to, or in respect of, a member of the fund under a choice product or MySuper product held by the member by taking out or maintaining insurance if:
 (a) the member is under the age of 25 years; and
 (b) the member has not elected under subsection (2) that the benefit will be provided to, or in respect of, the member under the product by taking out or maintaining insurance, even if the member is under the age of 25 years.
Note: This section does not apply in relation to regulated superannuation funds with no more than 6 members (see section 68AAD).
 (2) Each trustee of the regulated superannuation fund must ensure that each member of the fund who holds a choice product or MySuper product offered by the fund and who is under the age of 25 years may elect, in writing, that a benefit specified in the election is to be provided to, or in respect of, the member under the product by taking out or maintaining insurance, even if the member is under the age of 25 years.
 (3) The member is taken to have made an election under subsection (2) if the member makes an election under subsection 68AAB(2).
 (3A) A member's election:
 (a) that:
 (i) is given under subsection (2); or
 (ii) because of a previous application of this subsection, is taken to have been given under subsection (2);
  to the trustee of a regulated superannuation fund (the original fund); and
 (b) that is in force immediately before the transfer of the benefits of the member from the original fund to another regulated superannuation fund (the successor fund);
continues in force (and may be dealt with) as if it had been given under subsection (2) to the trustee of the successor fund, if:
 (c) the successor fund confers on the member equivalent rights to the rights the member had under the original fund in respect of the benefits; and
 (d) before the transfer, the trustee of the successor fund had agreed with the trustee of the original fund that the successor fund will confer such equivalent rights on the member.
 (3B) Subsection (3C) applies if:
 (a) the benefits of a member of a regulated superannuation fund (the original fund) are transferred from the original fund to another regulated superannuation fund (the successor fund); and
 (b) the successor fund confers on the member equivalent rights to the rights the member had under the original fund in respect of the benefits.
 (3C) Subsection (1) does not apply