Document ID: chunk:federal_register_of_legislation:C2022C00264:clause:11_134:p2
Version: federal_register_of_legislation:C2022C00264
Segment Type: clause
Provision Reference: sch 11 cl 134 (pt 2/3)
Character Range: 526293–528835

with.
 (6) In subsection (5):
public sector superannuation scheme means a scheme for the payment of superannuation, retirement or death benefits that is established:
 (a) by or under a law of the Commonwealth, of a State or of a Territory; or
 (b) under the authority of:
 (i) the Commonwealth, a State or a Territory; or
 (ii) a municipal corporation, another local governing body, or a public authority constituted by or under a law of the Commonwealth, of a State or of a Territory; or
 (iii) a company or other body corporate in which the Commonwealth, a State, a Territory, a municipal corporation, another local governing body or a public authority referred to in subparagraph (ii) has, or any 2 or more of them together have, a controlling interest.
trustee, in relation to a superannuation scheme of which there is no trustee (within the ordinary meaning of that expression), means the person who manages the scheme.
 (7) The whole or a part of an employer component, or the part of a transfer value that represents the whole or a part of an employer component, referred to in subparagraph (5)(c)(i) or (ii), as the case may be, may only be paid out as follows:
 (a) except where the amount proposed to be paid is the whole or a part of a lump sum retrenchment benefit to which paragraph (b) applies, payment may be made:
 (i) to an eligible superannuation scheme; or
 (ii) in the same circumstances, and to the same extent, as benefits that are required to be compulsorily preserved under the SIS Act may be paid;
 (b) if the amount proposed to be paid is the whole or a part of a lump sum retrenchment benefit that has become payable before 1 July 2000:
 (i) payment may be made of any part of the amount other than the amount (the preserved part of the amount) required to be compulsorily preserved under the SIS Act; and
 (ii) payment may be made of the preserved part of the amount in the circumstances provided for under that Act and those regulations.
 (8) A superannuation scheme to which an agreement made under subsection (1) relates is not an eligible superannuation scheme in relation to a person if Part XIII or XIIIA applies in respect of the person because of his or her having become a member of the superannuation scheme.
 (9) A person is taken, for the purposes of this Division, to have been a member of an eligible superannuation scheme at a particular time if, and only if, the person was at that time a member of a superannuation scheme in respect of which:
 (a) if that time was before 1 July 1994—a declaration