Part II Prohibition of discrimination etc.
Division 4 Exemptions
Section 41A
(B) is reasonable having regard to those data and
any other relevant factors;
(ii) in the case of a member who has no spouse
or de facto partner or has no child—the superannuation
fund conditions:
(A) do not provide for superannuation benefits in
the event of the member’s death; or
(B) provide for less generous superannuation
benefits in the event of the member’s death; or
(C) do not provide for superannuation benefits to
someone other than the member in the event of
the member’s physical or mental incapacity; or
(D) provide for less generous superannuation
benefits to someone other than the member in
the event of the member’s physical or mental
incapacity;
(iii) the superannuation fund conditions include a provision
that relates to:
(A) the vesting in members or other persons of
benefits arising directly or indirectly from
amounts contributed to the fund; or
(B) the preservation of benefits arising directly or
indirectly from amounts contributed to the
fund; or
(C) the portability of benefits arising directly or
indirectly from amounts contributed to another
superannuation fund;
if the inclusion of that provision results in only indirect
discrimination against the aggrieved person on the
ground of that person’s sex, marital or relationship
status or family responsibilities;
(iv) the superannuation fund conditions include a provision
that confers particular benefits, or more generous
benefits, only on a person to whom subsection 41B(3)
or (4) applies.
(2) For the purposes of this section:
58
Compilation No. 42
Sex Discrimination Act 1984
Compilation date: 11/09/2021
Authorised Version C2021C00420 registered 08/10/2021
Registered: 08/10/2021
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