Superannuation Industry (Supervision) Act 1993
29VACharging rules
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29VA Charging rules
(1) The trustee, or the trustees, of a regulated superannuation fund that offers a MySuper product may only charge a fee in relation to the MySuper product during a period if it satisfies one of the charging rules set out in this section in relation to that period. All MySuper members charged same flat fee (2) This rule is satisfied if: (a) the fee is charged in relation to all members of the fund who hold the MySuper product; and (b) the amount of the fee is the same for each of those members. All MySuper members charged same percentage of account balance (3) This rule is satisfied if: (a) the fee is charged in relation to all members of the fund who hold the MySuper product; and (b) the amount of the fee charged in relation to one member is a percentage of so much of the member’s account balance with the fund that relates to the MySuper product; and (c) the amount of the fee charged in relation to each other member of the fund who holds the MySuper product is the same percentage of so much of that member’s account balance with the fund that relates to the MySuper product. All MySuper members charged combination of same flat fee and same percentage of account balance (4) This rule is satisfied if: (a) the fee is charged in relation to all members of the fund who hold the MySuper product; and (b) the amount of the fee charged in relation to one member is the sum of a fixed amount (the flat fee) and another amount that is a percentage of so much of the member’s account balance with the fund that relates to the MySuper product; and (c) the amount of the fee charged in relation to each other member of the fund who holds the MySuper product is the sum of the flat fee and the same percentage of so much of that member’s account balance with the fund that relates to the MySuper product. All MySuper members to whom action relates charged same flat fee (5) This rule is satisfied if: (a) the fee is a buy‑sell spread, a switching fee or an activity fee; and (b) the fee is only charged in relation to those members of the fund: (i) who hold the MySuper product; and (ii) in relation to whom a relevant action is taken by the trustee or trustees of the fund; and (c) the amount of the fee charged is the same for each member to whom it is charged. All MySuper members to whom action relates charged same percentage of account balance (6) This rule is satisfied if: (a) the fee is a buy‑sell spread, a switching fee or an activity fee; and (b) the fee is only charged in relation to those members of the fund: (i) who hold the MySuper product; and (ii) in relation to whom a relevant action is taken by the trustee or trustees of the fund; and (c) the amount of the fee charged in relation to one of those members is a percentage of so much of the member’s account balance with the fund: (i) that relates to the MySuper product; and (ii) in relation to which the relevant action is taken; and (d) the amount of the fee charged in relation to each of the other of those members is the same percentage of so much of that member’s account balance with the fund: (i) that relates to the MySuper product; and (ii) in relation to which the relevant action is taken. All MySuper members to whom action relates charged combination of same flat fee and same percentage of account balance (7) This rule is satisfied if: (a) the fee is a buy‑sell spread, a switching fee or an activity fee; and (b) the fee is only charged in relation to those members of the fund: (i) who hold the MySuper product; and (ii) in relation to whom a relevant action is taken by the trustee or trustees of the fund; and (c) the amount of the fee charged in relation to one of those members is the sum of a fixed amount (the flat fee) and another amount that is a percentage of so much of the member’s account balance with the fund: (i) that relates to the MySuper product; and (ii) in relation to which the relevant action is taken; and (d) the amount of the fee charged in relation to each of the other of those members is the sum of the flat fee and the same percentage of so much of that member’s account balance with the fund: (i) that relates to the MySuper product; and (ii) in relation to which the relevant action is taken. Administration fee exemption for employees of an employer‑sponsor (8) This rule is satisfied if: (a) the fee is an administration fee charged in relation to one or more members of the fund who hold the MySuper product in accordance with the administration fee exemption for employees of an employee‑sponsor (see section 29VB); and (b) in relation to those members of the fund who hold the MySuper product but in relation to whom the administration fee is not charged in accordance with the administration fee exemption for employees of an employee‑sponsor (the remaining members)—the fee would satisfy the charging rule in subsection (2), (3) or (4) if the remaining members were the only members of the fund who held the MySuper product.