Document ID: chunk:federal_register_of_legislation:F2024C01248:reg:19:p9
Version: federal_register_of_legislation:F2024C01248
Segment Type: reg
Provision Reference: reg 19 (pt 9/14)
Character Range: 76942–79681

of calculating the defined benefit member's superannuation salary:
 (a) has not been changed, in a way that would increase the salary, since 12 May 2009; or
 (b) has changed since 12 May 2009 only as a result of a change to the rules of a superannuation fund in which a relevant 2009 interest is or was held that increases a benefit as a result of a change made to satisfy the requirements of the Superannuation Guarantee (Administration) Act 1992.
 (4) A condition is that either:
 (a) the rate of the defined benefit member's superannuation salary has not increased, since 12 May 2009, by more than:
 (i) 50% in 1 year; or
 (ii) 75% over 3 years; or
 (b) the rate of superannuation salary has increased by more than the rate in subparagraph (a)(i) or (ii) and:
 (i) the employer‑sponsor of the superannuation fund in which, immediately after the rate increase, a relevant 2009 interest was held has advised the trustee of that fund that the increase in the rate is on an arm's length basis; and
 (ii) the trustee of a superannuation fund in which a relevant 2009 interest was held after the rate increase notified the Commissioner, in writing, of the increase in the rate as soon as practicable after the increase occurred.
 (5) A condition is that no trustee or employer‑sponsor of any superannuation fund in which a relevant 2009 interest is or was held has exercised a discretion to pay a benefit that is greater than the benefit that was assumed for the purpose of calculating the new entrant rate since 12 May 2009.

Division 292—Excess non‑concessional contributions

Subdivision 292‑C—Excess non‑concessional contributions tax

292‑90.01  Non‑concessional contributions for a financial year
 (1) For the purposes of paragraph 292‑90(4)(a) of the Act, this section specifies conditions for the allocation of an amount in a complying superannuation plan for you for a financial year.
Note: If the amount meets the conditions of this section it will be an amount covered by subsection 292‑90(4) of the Act. Such amounts are counted in determining your non‑concessional contributions for a financial year.

Conditions—general
 (2) Subject to subsection (2A), the conditions are that the amount is:
 (a) allocated under Division 7.2 of the SIS Regulations; and
 (b) not an assessable contribution; and
 (c) not covered by subsection (3).

Conditions for allocations from reserves
 (2A) If:
 (a) the amount is allocated from a reserve; and
 (b) the amount is not allocated in accordance with the conditions specified in subsection (2);
the conditions are that:
 (c) section 292‑90.02 does not apply in relation to the allocation; and
 (d) the amount is not covered by subsection (3) of this section; and
 (e) the amount is not allocated