Document ID: chunk:federal_register_of_legislation:F2015L01519:body:0:p3
Version: federal_register_of_legislation:F2015L01519
Segment Type: other
Provision Reference: 
Character Range: 5870–9231

with section 117 of the Act.

          Interpretation

           (2B) In this regulation:

           Act means the Superannuation Industry (Supervision) Act 1993.

           applicable minimum service provisions has the meaning given in subregulation (2A).

           award means an award relating to conditions of employment which is made by an employment tribunal under a law of the Commonwealth, a State or a Territory.

           certified agreement means an agreement relating to conditions of employment which is certified, approved or registered by an employment tribunal under a law of the Commonwealth, a State or a Territory.

           employment tribunal means a tribunal or body having authority under a law of the Commonwealth, a State or a Territory to make an award or to certify, approve or register an agreement relating to conditions of employment.

           forfeited member has the meaning given in subregulation (2A).

           forfeiting event, in relation to the forfeited member, means the event (involving ceasing to be an employee or member) which results in the forfeited member failing to satisfy the minimum service requirement in the applicable minimum service provisions, and consequently losing their entitlement to the amount of minimum benefits mentioned in subregulation (2A).

           forfeiting fund has the meaning given in subregulation (2A).

           minimum service provisions has the meaning given in subregulation (2C).

           minimum service requirement has the meaning given in subregulation (2C).

           non-mandated employer contributions means employer contributions other than mandated employer contributions.

           predecessor minimum service provisions has the meaning given in subregulation (2D).

           (2C) In this regulation, minimum service provisions means provisions that satisfy all the following conditions:

            (a)         The provisions are contained in one or more of the following:

                (i)  the governing rules of a regulated superannuation fund (other than a self-managed superannuation fund);

                (ii)  a written agreement between a member of the fund and the member's employer;

                (iii)  an award relating to the member's conditions of employment;

                (iv)  a certified agreement relating to the member's conditions of employment.

                      Note: Some of the minimum service provisions may be contained in one of the documents mentioned in subparagraphs (i) to (iv) while others may be contained in another of those documents.

              (b) The provisions require the member's employer to make non-mandated employer contributions to the fund for the benefit of the member.

            (c)  The provisions make the member's entitlement to the benefits that are attributable to those non-mandated employer contributions conditional or contingent on the member satisfying a stipulation (a minimum service requirement) contained in the provisions that the member be, for a specified minimum period (a minimum service period):

                (i) an employee (or a particular class or category of employee) of the employer; or

                (ii)  an employee (or a particular class or category of employee) of a person (a previous employer) who previously carried