Exemptions and exceptions - Superannuation

Superannuation funds may keep in place discriminatory policy conditions applying to members who belonged to the fund before 1 January 1996 or became members before 1 January 1997.

It is also lawful to discriminate on the basis of age when setting superannuation fund conditions if the discrimination:

happens because of standards set out in the commonwealth Superannuation Entities (Taxation) Act 1987 or the Superannuation Industry (Supervision) Act 1993; or
it is necessary to follow, obtain benefits or avoid penalties under any other Commonwealth legislation; or
it is based on actuarial (calculations of risks and payment rates) or statistical data or any other data which it is reasonable to rely on and which is reasonable taking into account any relevant factors; or
it is reasonable for any other reason, taking into account any relevant factors.

Superannuation fund conditions may also lawfully discriminate:

on the basis of sex or marital status if the discrimination is allowed under the Commonwealth Sex Discrimination Act 1984
on the basis of disability/impairment if the discrimination is allowed under the Commonwealth Disability Discrimination Act 1992
age, if the decision is based on sound information drawn from data which calculates risks and rates. A person's age, expected number of years in employment and in retirement, are relevant to a person's income, level of contribution and financial needs.