Document ID: chunk:federal_register_of_legislation:F2025C00069:front:0:p24
Version: federal_register_of_legislation:F2025C00069
Segment Type: other
Provision Reference: 
Character Range: 63996–66584

section 137 of the Superannuation Act 1976; or
 (c) is a preserved benefit member within the meaning of the Public Sector Superannuation Scheme Trust Deed, as in force from time to time; or
 (d) has either of the following in the scheme established under the Superannuation (State Public Sector) Act 1990 (Qld):
 (i) a capital guaranteed interest in a voluntary preservation plan;
 (ii) a deferred retirement benefit amount; or
 (e) both:
 (i) is covered by the Crown Employees (Fire and Rescue NSW Firefighting Staff Death and Disability) Award 2012 (the 2012 award) or by an award that replaces the 2012 award (a successor award); and
 (ii) would be entitled, on the occurrence of an event mentioned in any of the following clauses, to a pension or lump sum mentioned in that clause:
 (A) clause 7 of the 2012 award, or an equivalent clause of a successor award;
 (B) clause 8 of the 2012 award, or an equivalent clause of a successor award;
 (C) clause 10 of the 2012 award, or an equivalent clause of a successor award;
 (D) clause 11 of the 2012 award, or an equivalent clause of a successor award.

Excluded approved deposit fund
 (4) For the purposes of paragraph (b) of the definition of excluded approved deposit fund in section 10 of the Act, the following condition is specified, namely, that the fund must be:
 (a) a fund established before 1 July 1994; or
 (b) a fund that was established on or after 1 July 1994 using eligible termination payments (within the meaning of the Tax Act as in force when the fund was established) of the fund's beneficiary that had an initial value of at least $400 000; or
 (c) a fund that is established after 1 July 2007 using a superannuation lump sum or an employment termination payment (within the meaning of the 1997 Tax Act) of the fund's beneficiary that had an initial value of at least $400 000.

Exempt public sector superannuation scheme
 (4A) For the purposes of the definition of exempt public sector superannuation scheme in section 10 of the Act the schemes listed in Schedule 1AA are specified.
 (4AA) A scheme that is listed, or established by or operated under legislation that is listed, in Schedule 1AA ceases to be an exempt public sector superannuation scheme at the time it is registered as a registrable superannuation entity under Division 2 of Part 2B of the Act.
 (4B) If a scheme listed in Schedule 1AA is re‑named, the reference to that scheme includes the scheme as so re‑named.
 (4C) Subregulation (4A) has effect in relation to a scheme specified in Part 1 of Schedule 1AA in respect of the 1994–95 and 1995–96