Document ID: chunk:federal_register_of_legislation:C2025C00134:section:62:p2
Version: federal_register_of_legislation:C2025C00134
Segment Type: section
Provision Reference: s 62 (pt 2/2)
Character Range: 431534–433142

(whether physical or mental);
 (iii) the provision of benefits in respect of each member of the fund on or after the member's death, if:
 (A) the death occurred after the member's retirement from any business, trade, profession, vocation, calling, occupation or employment in which the member was engaged (whether the member's retirement occurred before, or occurred after, the member joined the fund); and
 (B) the benefits are provided to the member's legal personal representative, to any or all of the member's dependants, or to both;
 (iv) the provision of benefits in respect of each member of the fund on or after the member's death, if:
 (A) the death occurred after the member attained the age prescribed for the purposes of subparagraph (a)(ii); and
 (B) the benefits are provided to the member's legal personal representative, to any or all of the member's dependants, or to both;
 (v) the provision of such other benefits as the Regulator approves in writing.
 (1A) Subsection (1) does not imply that a trustee of a regulated superannuation fund is required to maintain the fund so that the same kind of benefits will be provided:
 (a) to each member of the fund; or
 (b) in respect of each member of the fund.
 (2) Subsection (1) is a civil penalty provision as defined by section 193, and Part 21 therefore provides for civil and criminal consequences of contravening, or of being involved in a contravention of, that subsection.
 (3) An approval given by the Regulator for the purposes of subsection (1) may be expressed to relate to:
 (a) a specified fund; or
 (b) a specified class of funds.