Document ID: chunk:federal_register_of_legislation:C2022C00095:section:32c:p2
Version: federal_register_of_legislation:C2022C00095
Segment Type: section
Provision Reference: s 32C (pt 2/5)
Character Range: 89201–91782

the first employer fund; and
 (c) a class of beneficial interest in the fund is a MySuper product within the meaning of the Superannuation Industry (Supervision) Act 1993; and
 (d) the fund complies with the requirements (if any) set out in the regulations in relation to the provision of a benefit in respect of MySuper members of the fund that is payable only in the event of the death of the member; and
 (e) the fund complies with the requirements (if any) set out in the regulations in relation to offering a benefit in respect of members of the fund (other than MySuper members) that is payable only in the event of the death of the member.
 (2A) Subsection (2) does not apply if the employer is required under section 32N to give the employee a standard choice form and the employer does not do this by the time specified in the subsection concerned. However, this subsection ceases to apply from the time that the employer gives the standard choice form to the employee.
 (2AA) Paragraph (2)(ba) does not apply if the employee is, within the meaning of the Migration Act 1958, the holder of a temporary visa.

Contributions to certain successor funds
 (2AB) A contribution to a fund (the new fund) by an employer for the benefit of an employee is made in compliance with the choice of fund requirements if:
 (a) the employee's interest in the new fund was transferred to the new fund from another fund (the original fund) without the employee's consent; and
 (b) at the time of the most recent contribution before the transfer to the original fund by the employer for the benefit of the employee, the original fund was a fund:
 (i) to which subparagraph (2)(ba)(i) applies; or
 (ii) to which subparagraph (2)(ba)(ii) applies, or would have applied if the transfer had not occurred; or
 (iii) to which subsection (1A) applies; and
 (c) the new fund is a successor fund (within the meaning of the Income Tax Assessment Act 1997) in relation to the transfer.

Contributions through an approved clearing house
 (2B) A contribution to a fund by an employer for the benefit of an employee is made in compliance with the choice of fund requirements if:
 (a) section 79A (which is about a contribution through an approved clearing house) applies to the contribution; and
 (b) the employee or the Commissioner gives the employer notice to the effect that the employee wants a fund to be a chosen fund for the employee in accordance with Division 4 of Part 3A (Choosing a fund); and
Note: Under section 32G (Limit on funds that may be chosen), the fund chosen by the employee must be