101Provisions relating to transferred beneficiaries

101 Provisions relating to transferred beneficiaries (1) Despite the transfer of a beneficiary under section 100 to the Fund— (a) the transferred beneficiary is entitled to receive the same benefits that he or she would have been entitled to receive had he or she not been so transferred; and (b) the transferred beneficiary is entitled to have his or her rights and obligations determined in accordance with the provisions of the governing instrument of the Port of Melbourne Authority Superannuation Fund as in force immediately before the transfer date. S. 101(1A) inserted by No. 13/1999 s. 14(1). (1A) Subsection (1) is subject to— (a) any relevant specified standards; and (b) any provisions of a relevant Commonwealth or Victorian law relating to anti-discrimination. S. 101(1B) inserted by No. 70/2003 s. 32. (1B) Subsection (1) is subject to the provisions of Part 7A. S. 101(1C) inserted by No. 70/2003 s. 32. (1C) For the purposes of subsection (1B), the provisions of Part 7A with such modifications as are necessary to make those provisions consistent with the governing instrument of the Port of Melbourne Authority Superannuation Fund are deemed to form part of the governing instrument of the Port of Melbourne Authority Superannuation Fund. (2) For the purposes of subsection (1), the Board has in respect of the transferred beneficiary the duties and powers conferred on Port of Melbourne Authority Superannuation Scheme Pty Ltd by or under the provisions of the governing instrument of the Port of Melbourne Authority Superannuation Fund as in force immediately before the transfer date. (3) For the purposes of subsection (1), the powers of the Board are not limited by regulations 7E and 9(2) of the Port of Melbourne Authority (Superannuation) Regulations 1989. S. 101(4) amended by No. 13/1999 s. 14(2). (4) Without derogating from subsections (1) and (2), sections 71A, 84 and 85 apply to and in respect of a transferred beneficiary. S. 101(5) inserted by No. 95/2000 s. 6(12). (5) Without derogating from subsections (1) and (2), a transferred beneficiary who is entitled to a deferred benefit under this section may elect in writing to the Board to— S. 101(5)(b) substituted by Nos 40/2004 s. 28(11), 37/2007 s. 42. (b) have the lump sum rolled over or transferred within the superannuation system as nominated by the beneficiary. S. 101(6) inserted by No. 95/2000 s. 6(12). (6) The method of calculating the conversion under subsection (5) is to be determined by the Minister on the advice of an actuary appointed by the Board. New s. 102 inserted by No. 40/2010 s. 96.