Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p36
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 36/71)
Character Range: 482872–485724

governing that sub‑fund.

9.04C  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 that are defined benefit funds.

9.04D  Size of defined benefit funds
 (1) A defined benefit fund established after the commencement of this Division must have at least 50 defined benefit members.
 (2) A fund that is converted to a defined benefit fund after the commencement of this Division must have at least 50 defined benefit members.
 (3) A defined benefit fund may accept a new defined benefit member after the commencement of this Division only if the fund will have at least 50 defined benefit members after accepting the new defined benefit member.
 (4) A defined benefit fund may convert a member of the fund to a defined benefit member after the commencement of this Division only if the fund will have at least 50 defined benefit members after converting the member to a defined benefit member.

Division 9.2B—Provision of defined benefit pensions

9.04E  Definition for Division 9.2B
  In this Division:
defined benefit pension means a pension under section 10 of the Act, other than:
 (a) a pension wholly determined by reference to policies of life assurance purchased or obtained by the trustee of a regulated superannuation fund solely for the purposes of providing benefits to members of that fund; or
 (b) an allocated pension; or
 (c) a market linked pension; or
 (d) an account‑based pension.

9.04F  Application of Division 9.2B
 (1) This Division applies to:
 (a) a regulated superannuation fund established after the commencement of this Division, the governing rules of which provide for the payment of a defined benefit pension; and
 (b) a regulated superannuation fund established before the commencement of this Division, the governing rules of which are amended after the commencement of this Division to provide for the payment of a defined benefit pension.
 (2) This Division does not apply to a fund that is part of:
 (a) the scheme established by the Superannuation Act 1976; or
 (b) the scheme established under the provisions of the Superannuation Act 1990; or
 (c) the Military Superannuation and Benefits Scheme; or
 (d) an exempt public sector superannuation scheme.

9.04G  Sub‑funds to be treated as funds
  A sub‑fund within a regulated superannuation fund is taken, for the purposes of this Division, to be a regulated superannuation fund if the sub‑fund satisfies the following conditions:
 (a) the sub‑fund has separately identifiable 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