Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p37
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 37/71)
Character Range: 485454–488327

assets and separately identifiable beneficiaries;
 (b) the interest of each beneficiary of the sub‑fund is determined by reference only to the conditions governing that sub‑fund.

9.04H  Operating standard
  For subsection 31(1) of the Act, a requirement set out in this Division is a standard applicable to the operation of regulated superannuation funds.

9.04I  Provision of defined benefit pensions
 (1) Subject to subregulation (3), a regulated superannuation fund that has less than 50 members must not provide a defined benefit pension.
 (2) Subregulation (1) has effect despite anything in the governing rules of the fund.
 (3) A regulated superannuation fund that has less than 50 members may provide a defined benefit pension only:
 (a) to a person:
 (i) who, on 11 May 2004, was a member of the fund; and
 (ii) who, before 1 January 2006:
 (A) retires (within the meaning of subregulation 6.01(7)) on or after attaining age 55; or
 (B) attains age 65; and
 (iii) who, after 11 May 2004 and before 1 January 2006, becomes entitled to be paid a defined benefit pension; and
 (b) if the first pension payment is made within 12 months after the day when the person became entitled to the pension.

Division 9.3—Funding and solvency of defined benefit funds

9.05  Application
  This Division applies only to defined benefit funds other than:
 (a) funds that are part of one of the following schemes:
 (i) the scheme established by the Superannuation Act 1976;
 (ii) the scheme established under the provisions of the Superannuation Act 1990;
 (iii) the Military Superannuation and Benefits Scheme;
 (iv) the scheme established under the Superannuation (State Public Sector) Act 1990 (Qld); and
 (b) funds that are part of an exempt public sector superannuation scheme; and
 (c) funds that have never been used to reduce or remove the superannuation guarantee charge imposed by section 5 of the Superannuation Guarantee Charge Act 1992.

9.06  Interpretation
 (1) In this Division:
certified minimum contributions, in relation to a fund, means the minimum contributions certified, in accordance with subregulation 9.10(1) or 9.18(9), in a funding and solvency certificate.
declared date, in relation to a defined benefit fund that is technically insolvent, means the date on which a superannuation actuary declares in writing in accordance with paragraph 9.16(1)(a) that the fund is technically insolvent.
effective date, in relation to a funding and solvency certificate, means the date specified in the certificate as the date on which the certificate takes effect.
expiry date, in relation to a funding and solvency certificate, means the date specified in the certificate as the date on which the certificate expires.
minimum benefit index, in relation to a defined benefit fund, means the index calculated in accordance with regulation 9.15.
notifiable event, in