Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p10
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 10/66)
Character Range: 248186–251110

in a regulated superannuation fund are as set out in this regulation.
 (2) If the fund is an accumulation fund, the member's minimum benefits are all of the member's benefits in the fund.
 (3) If the fund is a defined benefit fund, the member's minimum benefits are as follows:
 (a) if the member belongs to a class of employees in relation to which a relevant benefit certificate applies, the amount of the member's minimum requisite benefit; or
 (b) in any other case:
 (i) the member's member‑financed benefits; and
 (ii) the member's mandated employer‑financed benefits; and
 (iii) Government co‑contribution benefits and any investment earnings on them; and
 (iv) any amount allocated under regulation 7.11.

5.05  Mandated employer contributions—regulated superannuation funds
 (1) Subject to this regulation, contributions to a regulated superannuation fund are taken to be mandated employer contributions.
 (2) If:
 (a) at least 1 year has elapsed since the fund received the contributions; and
 (b) the trustee:
 (i) is satisfied that the contributions are not in fact mandated employer contributions; and
 (ii) decides not to continue to treat the contributions as mandated employer contributions;
subregulation (1) ceases to apply to the contributions.
 (3) If:
 (a) less than 1 year has elapsed since the fund received the contributions; and
 (b) the trustee is satisfied that the contributions are not in fact mandated employer contributions;
subregulation (1) ceases to apply to the contributions.
 (4) The trustee has power to make a decision of the kind mentioned in subparagraph 2(b)(ii) despite anything in the governing rules of the fund.
Example of the application of this regulation: A trustee of a fund may receive a non‑mandated employer contribution from an employer‑sponsor of the fund that the trustee does not know is a non‑mandated employer contribution (i.e. a contribution not made in satisfaction of the employer‑sponsor's superannuation guarantee or award obligation).
 Upon acceptance, the contribution will be taken to be a mandated employer contribution and therefore subject to the minimum benefits standards.
 From this point, one of three circumstances may apply:
(a) the trustee may become aware in the first year after the contribution was received that the contribution is a non‑mandated employer contribution, and, if this is the case, the trustee must treat the contribution as a non‑mandated employer contribution; or
(b) the trustee may become aware more than a year after the contribution was received that the contribution is a non‑mandated employer contribution, and, if this is the case, the trustee may continue to treat the contribution as a mandated employer contribution instead of making corrections to reflect the change; or
(c) the trustee may never become aware that the contribution is a non‑mandated employer contribution, and, if this is the case, the contribution