Document ID: chunk:federal_register_of_legislation:F2024C01224:front:0:p38
Version: federal_register_of_legislation:F2024C01224
Segment Type: other
Provision Reference: 
Character Range: 95198–98007

of release mentioned in item 108B of Schedule 2, the annuitant has satisfied a condition of release in respect of which the cashing restriction for preserved benefits and restricted non‑preserved benefits is 'Nil'; and
 (c) the annuity commenced to be paid before that day.
 (3) An investment earning in relation to a benefit is an unrestricted non‑preserved benefit on a day if:
 (a) the benefit is an unrestricted non‑preserved benefit; and
 (b) the benefit was cashed, before that day, in the form of a pension; and
 (c) for a benefit that was commenced under the condition of release mentioned in item 108B of Schedule 2, the pensioner has satisfied a condition of release in respect of which the cashing restriction for preserved benefits and restricted non‑preserved benefits is 'Nil'; and
 (d) the pension commenced to be paid before that day.
 (4) An investment earning in relation to a benefit is an unrestricted non‑preserved benefit on a day if:
 (a) the benefit is an unrestricted non‑preserved benefit; and
 (b) the benefit was cashed, before that day, in the form of an annuity; and
 (c) for a benefit that was commenced under the condition of release mentioned in item 108B of Schedule 2, the annuitant has satisfied a condition of release in respect of which the cashing restriction for preserved benefits and restricted non‑preserved benefits is 'Nil'; and
 (d) the annuity commenced to be paid before that day.

4.18  Redistribution of benefits by operation of terms and conditions or action of RSA provider
 (1) For the purpose of subregulation (2), the following are categories of benefits of an RSA holder:
 (a) preserved benefits, as defined by Subdivision 4.1.2;
 (b) restricted non‑preserved benefits, as defined by Subdivision 4.1.3;
 (c) unrestricted non‑preserved benefits, as defined by Subdivision 4.1.4.
 (2) For the purposes of this Part, the terms and conditions of an RSA, or the RSA provider, may alter the category of any benefits but, subject to subregulation (3), not so as to:
 (a) decrease the amount of the RSA holder's preserved benefits in the RSA; or
 (b) increase the amount of the RSA holder's unrestricted non‑preserved benefits in the RSA.
 (3) The RSA provider may alter the category of benefits from preserved benefits or restricted non‑preserved benefits to unrestricted non‑preserved benefits if, before the commencement of regulation 4.17A:
 (a) the benefits were rolled over or transferred from:
 (i) a superannuation fund (Fund A) during its transitional period; or
 (ii) a regulated superannuation fund or an approved deposit fund to which the benefits were rolled over or transferred from a superannuation fund (Fund B) during its transitional period; and
 (b) the RSA provider is reasonably satisfied that:
 (i) during the transitional period of Fund A