Document ID: chunk:federal_register_of_legislation:F2025C00069:front:0:p21
Version: federal_register_of_legislation:F2025C00069
Segment Type: other
Provision Reference: 
Character Range: 56898–59402

member of the fund for longer than 2 years; and
 (ia) he or she was, at the time he or she joined the fund, a person in respect of whom there was in effect a contribution arrangement of the kind referred to in subsection 16(5) of the Act (which deals with the definition of standard employer‑sponsored member); and
 (ii) the fund has not received a contribution or rollover in respect of him or her within the last 5 years of his or her membership of the fund; or
 (c) the member joined the fund from another fund or an EPSSS as a lost member; or
 (ca) the member joined the fund from an RSA provider as a lost RSA holder;
unless:
 (d) within the last 2 years of the member's membership, the trustee of the fund has verified that the member's address is correct and has no reason to believe that that address is now incorrect; or
 (e) the member is permanently excluded from being a lost member.
 (1A) To avoid doubt, for the purposes of this regulation, a written communication includes a written communication by non‑electronic means or by electronic means.
 (2) For the purposes of subregulation (1), and subject to subregulation (3), a member of a fund is permanently excluded from being a lost member if:
 (a) the member is an inactive member who has indicated by a positive act (for example, deferring a benefit in the fund) that he or she wishes to continue to be a member of the fund; or
 (b) the member has contacted the fund at any time after the time at which he or she joined the fund and indicated that he or she wishes to continue being a member of the fund; or
 (c) the member is a member of a self managed superannuation fund.
 (3) The trustee of a fund may decide that:
 (a) a member, a class of members, or all members of the fund cannot be permanently excluded from becoming lost members; or
 (b) a member who is, a class of members who are, or all members of the fund who are permanently excluded from being lost is or are not to continue being permanently excluded from being lost.
Note: If a lost member is transferred to another fund or an EPSSS (the transferee fund), the trustee of the transferring fund must supply certain information about the member to the trustee of the transferee fund (see regulation 7.9.81 of the Corporations Regulations 2001).
 Becoming a lost member may also have consequences regarding the information to be supplied to the member (see regulation 7.9.60A of, and Part 14 of Schedule 10A to, the Corporations Regulations 2001).

1.03AA  Defined benefit