Document ID: chunk:federal_register_of_legislation:F2025C00069:front:0:p23
Version: federal_register_of_legislation:F2025C00069
Segment Type: other
Provision Reference: 
Character Range: 61593–64221

a pension) has been paid to or for the benefit of the member or, if the member has died, to his or her legal personal representative, but no action has been taken by or for the member, or his or her legal personal representative, under the governing rules of the fund to receive any other benefit that the member, or his or her estate, is entitled to be paid as a result of satisfying the condition of release.
 (2) In this regulation:
relevant condition of release means a condition of release mentioned in item 101, 102, 103, 106, 108, 201, 202, 203 or 206 of Schedule 1.

1.03C  Meaning of permanent incapacity
  For subsection 10(1) of the Act, a member of a superannuation fund or an approved deposit fund is taken to be suffering permanent incapacity if a trustee of the fund is reasonably satisfied that the member's ill‑health (whether physical or mental) makes it unlikely that the member will engage in gainful employment for which the member is reasonably qualified by education, training or experience.

1.04  Prescribed matters (Act, s 10)
 (1) The purpose of this regulation is to prescribe matters for the purposes of various definitions in section 10 of the Act.

Defined benefit member
 (2) For paragraph 10(1A)(b) of the Act, subregulations (3) and (3A) set out circumstances in which a member of a superannuation fund is to be taken to be a defined benefit member for section 20B, Part 2C or Part 6A of the Act.
 (3) A circumstance is that the member:
 (a) is a member of the scheme established under the Military Superannuation and Benefits Act 1991 (the military superannuation scheme); or
 (b) holds an interest, as a non‑member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975, in the military superannuation scheme; or
 (c) has a preserved benefit in the military superannuation scheme; or
 (d) has an ancillary account in the military superannuation scheme; or
 (e) both:
 (i) is a member of the scheme established under the Defence Force Retirement and Death Benefits Act 1973; and
 (ii) has an ancillary account in the military superannuation scheme.
 (3A) A circumstance is that the member:
 (a) holds an interest, as a non‑member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975, in a superannuation scheme established under the Superannuation Act 1976 or the Superannuation Act 1990; or
 (b) has made an election under section 137 of the Superannuation Act 1976; or
 (c) is a preserved benefit member within the meaning of the Public Sector Superannuation Scheme Trust Deed, as in force from time to time; or
 (d) has either of the following in