10Meaning of eligibility age

#### 10 Meaning of eligibility age (1) In this Act, eligibility age means: (a) in the case of a man—65 years or, if another age is prescribed by the regulations, the age so prescribed; or (b) in the case of a woman—60 years or, if another age is prescribed by the regulations, the age so prescribed. (2) In determining whether a member of a fund has reached eligibility age: (a) if the superannuation provider does not know whether the member is a man or a woman—the member is taken to be a man; and (b) if the superannuation provider does not know the member’s date of birth—the superannuation provider may determine that the member: (i) attained a particular age on a particular date (if the superannuation provider reasonably believes that to be the case); or (ii) turned 18 on the day on which he or she first became a member of the fund; or (iii) turned 18 on the day on which the superannuation provider first received an amount in respect of him or her; or (iv) turned 18 at the start of his or her eligible service period. Duty to obtain date of birth and sex of member of fund (3) If a superannuation provider does not know the date of birth or sex of a member of a fund, the provider should make reasonable attempts to obtain that information. Duty to keep records of date of birth and sex of member of fund (4) If a superannuation provider knows the date of birth or sex of a member of a fund, the provider should keep records of that information.