Deed of a Superannuation Fund

Julie Simpson made this Freedom of Information request to Australian Prudential Regulation Authority

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Dear Australian Prudential Regulation Authority,

The document I seek is a copy of a consolidation Deed of Variation dated 6 May 1958 for a superannuation fund where the sponsoring employer is Elder Smith & Co Limited.

The original Trust Deed dated 23 December 1913 is recited in the Recitals.

This document includes Regulation 50 - the Power of Amendment Clause. Regulation 50 is referenced by the Elder Smith & Co Limited Provident Funds Act 1963 (SA).

Regulation 50 requires a majority of the natural person Directors of the sponsoring Employer to execute any Deed of Variation. This document complies with that requirement.

This document also includes Regulation 29 that provides a pension benefit to qualifying male officers where the pension benefit formula is [Years of Service]/[Age when Leaving Service] times [Final Average Salary].

The document also includes Regulation 52 which is the Power of Termination to terminate the trust.

No provision is made to allow the Trust Estate to be transferred to the Trust Estate of another superannuation fund.

Yours faithfully,

Julie Simpson

Freedom of Information, Australian Prudential Regulation Authority

2 Attachments

Dear Ms Simpson,
Please see attached, APRA’s acknowledgment letter dated 30 September 2015.
Kind regards,
APRA FOI Officer

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Freedom of Information, Australian Prudential Regulation Authority

1 Attachment

Dear Ms Simpson

Please see the attached letter.

Kind regards


show quoted sections