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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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