Document ID: chunk:federal_register_of_legislation:C2022C00095:section:32na:p2
Version: federal_register_of_legislation:C2022C00095
Segment Type: section
Provision Reference: s 32NA (pt 2/2)
Character Range: 109975–111419

employee is a defined benefit member of a defined benefit superannuation scheme; and
 (b) subsection 20(3) is satisfied in relation to the defined benefit that has accrued to that member.
 (9) An employer is not required under section 32N to give an employee a standard choice form if:
 (a) the employee is a defined benefit member of a defined benefit superannuation scheme; and
 (b) the employee would be entitled, on the employee's retirement, resignation or retrenchment, to the same amount of benefit from the defined benefit superannuation scheme, whether or not the employee had contributions made by the employer for his or her benefit to a fund other than the defined benefit superannuation scheme.
 (10) An employer is not required under section 32N to give an employee a standard choice form if:
 (a) the employee is covered by a notional agreement preserving State awards or a preserved State agreement; and
 (b) before the commencement of Schedule 1 to the Workplace Relations Amendment (Work Choices) Act 2005, the employer was required, under a State law, to give the employee a notification that the employee can choose a superannuation fund; and
 (c) the employer has given the notification mentioned in paragraph (b) to the employee.
 (11) An employer is not required under section 32N to give an employee a standard choice form if the employee is, within the meaning of the Migration Act 1958, the holder of a temporary visa.