28BPayment or release of benefit on compassionate grounds

#### 28B Payment or release of benefit on compassionate grounds 28B Payment or release of benefit on compassionate grounds > > (1) The trustees may, on the written election of a former member who has preserved a benefit in the Fund, and who is not otherwise entitled to be paid a benefit under this Act, pay the former member a benefit on compassionate grounds. > > > (2) The trustees may only pay the benefit if they are satisfied that the circumstances are such that the Australian Prudential Regulation Authority would be entitled to determine that the amount could be released on compassionate grounds if the former member were a member of a regulated superannuation fund within the meaning of the [Superannuation Industry (Supervision) Act 1993](http://www.legislation.gov.au/) of the Commonwealth. > > > (3) The amount of the benefit— > > > > > (a) is to be the amount payable for the purpose of complying with the requirements of the [Superannuation Industry (Supervision) Act 1993](http://www.legislation.gov.au/) of the Commonwealth for payment of such a benefit from a regulated superannuation fund, and > > > > > (b) is not to exceed the amount of any benefit preserved by the former member. > > > (4) A former member may, at any time, lodge with the trustees an election to vary or revoke an election under this section. > > > (5) An election under this section is to be in a form approved by the trustees for the purposes of this section. > > **s 28B:** Ins 1997 No 149, Sch 1.2 \[16\]. Am 1999 No 89, Sch 1 \[19\].