Document ID: chunk:federal_register_of_legislation:F2024C01248:reg:19:p7
Version: federal_register_of_legislation:F2024C01248
Segment Type: reg
Provision Reference: reg 19 (pt 7/14)
Character Range: 72145–74680

apply:
 (i) the member has not moved to a new benefit category;
 (ii) the member has moved to a new benefit category but the new benefit category does not provide the member with an improved level of benefit;
 (iii) the member has moved to a new benefit category but the move was only as a result of the necessary application of the rules of a superannuation fund referred to in paragraph (a) that were, or of legislation that was, in force on 5 September 2006 and the member had no control over the application of the rules or legislation.
 (3) A condition is that the new entrant rate for the defined benefit member, as worked out:
 (a) before 1 July 2021—using Schedule 1A to the Income Tax Assessment Regulations 1997; and
 (b) on or after 1 July 2021—using Schedule 1A to this instrument;
either:
 (c) has not increased since it was first worked out; or
 (d) has increased since it was first worked out only as a result of the following:
 (i) a change to the rules of a superannuation fund in which a relevant 2006 interest is or was held that increases a benefit as a result of a change that is made to satisfy the requirements of the Superannuation Guarantee (Administration) Act 1992;
 (ii) the member moving to a new benefit category because of the necessary application of the rules of a superannuation fund referred to in subparagraph (i) that were, or of legislation that was, in force on 5 September 2006, if the member had no control over the application of the rules or legislation.
 (4) A condition is that the method of calculating the defined benefit member's superannuation salary:
 (a) has not been changed, in a way that would increase the salary, since 5 September 2006; or
 (b) has changed since 5 September 2006 only as a result of a change to the rules of a superannuation fund in which a relevant 2006 interest is or was held that increases a benefit as a result of a change that is made to satisfy the requirements of the Superannuation Guarantee (Administration) Act 1992.
 (5) A condition is that either:
 (a) the rate of the defined benefit member's superannuation salary has not increased, since 5 September 2006, by more than:
 (i) 50% in 1 year; or
 (ii) 75% over 3 years; or
 (b) the rate of superannuation salary has increased by more than the rate in subparagraph (a)(i) or (ii) and:
 (i) the employer‑sponsor of the superannuation fund in which, immediately after the rate increase, a relevant 2006 interest was held has advised the trustee of that fund that the increase in the rate is on an arm's