Document ID: chunk:federal_register_of_legislation:F2024C00321:reg:16:p85
Version: federal_register_of_legislation:F2024C00321
Segment Type: reg
Provision Reference: reg 16 (pt 85/106)
Character Range: 342037–344865

or more of the governments, bodies and authorities in subparagraphs (i) and (ii) has a controlling interest; and
         (b) the scheme is a regulated superannuation fund or an exempt public sector superannuation scheme for the purposes of the SIS Act; and
         (c) the trustee of the scheme (or the person who manages the scheme if there is no trustee) has undertaken in writing that the scheme will:
             (i) accept transfers of final benefit accruals and preserved benefits paid from, and pay similar transfer amounts to, the PSS scheme or any other eligible superannuation scheme; and
             (ii) provide equitable benefits in return for a transferred amount; and
             (iii) except in respect of a former member who is retrenched before 1 July 2000, not to pay to the former member the whole or any part of:
                  (A) the employer component of an amount transferred from the PSS scheme, or
                  (B) the employer component, or the part that represents that component, of any other amount transferred from the PSS scheme to another eligible superannuation scheme and subsequently transferred to the scheme;
              unless preserved benefits under the SIS Act would be payable in the same circumstances; and
             (iv) not to pay the employer components described in paragraphs 6.8.1(c)(iii)(A) and (B) to any other scheme that is not an eligible superannuation scheme; and
             (v) not pay a former member who is retrenched before 1 July 2000 that part of the transferred amount that is or would be compulsorily preserved under the SIS Act until the conditions for payment of compulsorily preserved amounts under that Act and regulations are met; and
         (d) the trustee of the scheme (or the person who manages the scheme if there is no trustee) has confirmed that the governing rules of the scheme do not conflict with the undertaking under paragraph (c).
6.8.2 The Minister and the Board may, before 1 July 2003, agree that a superannuation scheme which does not comply with the conditions in Rule 6.8.1 is an eligible superannuation scheme if they are satisfied that there are special circumstances that make this desirable.
6.8.3 The Minister and CSC may at any time terminate an agreement related to the declaration of an eligible superannuation scheme made by the Minister and the Board.
6.8.4 The variation or termination of an agreement in relation to an eligible superannuation scheme must be notified in the annual report of CSC under section 30 of the Governance of Australian Government Superannuation Schemes Act 2011.

Savings provisions
6.8.5 A declaration in relation to an eligible superannuation scheme made under the Rules of the PSS scheme in force prior to 1 July 1994 is to be taken to be an agreement made under the Rules as