Commonwealth Consolidated Regulations

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CORPORATIONS REGULATIONS 2001 - REG 7.9.02

Sub - plans

  (1)   This regulation applies if the trustee of a regulated superannuation fund proposes to make a determination as to whether a sub - plan should be made.

  (2)   In making a determination, the trustee must have regard to all relevant matters, including each of the following:

  (a)   whether there is a common factor in a segment of the fund (for example, whether a group of members of the fund have the same employer);

  (b)   whether the governing rules of the fund provide for a particular segment to be a sub - plan.

  (3)   For subsection   1017C(9) of the Act, the sub - plan is a relevant sub - plan.

  (4)   For paragraph   761E(7)(a) of the Act, if:

  (a)   a person is a member of a superannuation fund in relation to a sub - plan; and

  (b)   either:

  (i)   the person's membership changes to membership in relation to another sub - plan; or

  (ii)   the person holds interests in 2 or more sub - plans at the same time;

the change to membership in relation to the other sub - plan is taken to be the issue of a new interest in the superannuation fund.

  (5)   For paragraph   1020G(1)(c) of the Act, Part   7.9 of the Act is modified in its application in relation to the fund (including a sub - plan) as set out in Part   1 of Schedule   10A.


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