Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p11
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 11/66)
Character Range: 250851–253626

treat the contribution as a mandated employer contribution instead of making corrections to reflect the change; or
(c) the trustee may never become aware that the contribution is a non‑mandated employer contribution, and, if this is the case, the contribution will always be taken to be a mandated employer contribution.

5.06  Certain benefits rolled over or transferred to regulated superannuation funds taken to be minimum benefits
 (1) Subject to this regulation, the following benefits are taken to be minimum benefits in a regulated superannuation fund:
 (a) benefits rolled over or transferred to the regulated superannuation fund;
 (b) benefits allotted under Division 6.7 to an interest in the regulated superannuation fund held by, or created for, a receiving spouse.
 (2) If:
 (a) at least 1 year has elapsed since the fund received the benefits; and
 (b) the trustee:
 (i) is satisfied that the benefits are not in fact minimum benefits; and
 (ii) decides not to continue to treat the benefits as minimum benefits;
subregulation (1) ceases to apply to the benefits.
 (3) If:
 (a) less than 1 year has elapsed since the fund received the benefits; and
 (b) the trustee is satisfied that the benefits are not in fact minimum benefits;
subregulation (1) ceases to apply to the benefits.
 (4) If benefits that have been rolled over or transferred to a regulated superannuation fund are taken under this regulation to be minimum benefits, the amount of the minimum benefits as at any time is the sum of:
 (a) the benefits rolled over or transferred to the fund; and
 (b) the investment earnings on those benefits down to that time;
less the costs applicable to those benefits down to that time.
 (5) The trustee has power to make a decision of the kind mentioned in subparagraph (2)(b)(ii) despite anything in the governing rules of the fund.
 (6) In this regulation:
benefits means benefits other than benefits rolled over or transferred to a regulated superannuation fund from an RSA.

5.06A  Benefits rolled over or transferred from an RSA to regulated superannuation funds taken to be minimum benefits
  Benefits rolled over or transferred to a regulated superannuation fund from an RSA are taken to be minimum benefits in the regulated superannuation fund.

5.06B  Minimum benefits if new interest created, or benefits rolled over or transferred, under Division 7A.2
 (1) This regulation applies if:
 (a) an interest (the original interest) in an accumulation fund is subject to a payment split; and
 (b) under Division 7A.2:
 (i) a new interest is created in the fund for the non‑member spouse; or
 (ii) the transferable benefits of the non‑member spouse are rolled over or transferred to another fund, an EPSSS or an RSA.
 (2) If subparagraph (1)(b)(i) applies,