Document ID: chunk:federal_register_of_legislation:F2008L02863:body:0:p12
Version: federal_register_of_legislation:F2008L02863
Segment Type: other
Provision Reference: 
Character Range: 29628–32776

a lump sum is payable of the amount, if any, by which the sum of the:

            (a)              accumulated member contributions; and

            (b)              accumulated productivity contributions; and

            (c)              any superannuation guarantee additional amount

    applicable to the deceased member, deceased preserved benefit member or deceased pensioner exceeds the total amount of benefits in the form of pension or lump sum paid to or respect of him/her, since his/her last day of membership; the Board may pay the lump sum:

                (i) to any child or children of the deceased member, deceased preserved benefit member or deceased pensioner who would otherwise be ineligible for benefits in such proportions as is determined by the Board; or

                (ii) to the legal personal representative of the deceased member, deceased preserved benefit member or deceased pensioner.

    If, after making reasonable enquiries, the Board is unable to find the legal personal representative of a deceased member, deceased preserved benefit member or deceased pensioner the Board may pay the lump sum to an individual or apportion it between two or more individuals."

    4.46 Rule 11.3.26 is amended by deleting subparagraph (iii) in paragraph (a) and substituting it with the following new subparagraph (iii):

              "(iii) any superannuation guarantee additional amount that is applicable in respect of the deceased pensioner;"

4.47 Rule 11.3.26 is further amended by deleting paragraph (b) and substituting it with the following new paragraph (b):

         "(b) if the deceased pensioner retired on invalidity grounds and was not a preserved benefit member immediately before becoming a pensioner, his/her final benefit accrual plus the superannuation guarantee additional amount (if any) that is applicable in respect of the deceased pensioner;"

    4.48 Rule 11.3.27 is amended by deleting paragraph (c) and substituting it with the following new paragraph (c):

         "(c) any superannuation guarantee additional amount that is applicable in respect of the deceased pensioner;"

IN WITNESS WHEREOF this Deed has been executed the day and year first hereinbefore written.

SIGNED, SEALED AND DELIVERED  )

       )

by the Honourable NICK SHERRY   ) Nick Sherry

       )

Minister for Superannuation and Corporate Law  )

acting for and on behalf of     )

the Minister for Finance and Deregulation  )

       )

       )

for and on behalf of     )

       )

THE COMMONWEALTH OF   )

       )

AUSTRALIA, in the presence of:   )

       )

  Adam Wand    ) A Wand

  (name)     )

       )

       )

  (address)    )

       )

       )

  (description)    ) Chief of Staff

       )

Note to the Deed:  TABLE LISTING TRUST DEED AND AMENDING DEEDS

Before 1 January 2005, section 45 of the Superannuation Act 1990 provided, in part, that instruments under subsection 5(1) of that Act amending the Trust Deed were disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901. The effect of these provisions