Document ID: chunk:federal_register_of_legislation:F2024C01248:reg:5:p5
Version: federal_register_of_legislation:F2024C01248
Segment Type: reg
Provision Reference: reg 5 (pt 5/13)
Character Range: 102593–105389

the superannuation income stream is provided satisfy paragraph (2)(b).
 (4) This subsection applies to a superannuation income stream if:
 (a) it is covered by item 2 of the table in subsection 294‑130(1) of the Act; and
 (b) it starts to be in the retirement phase on or after 1 July 2017; and
 (c) it arises as a direct result of the payment of an involuntary roll‑over superannuation benefit to a successor fund.
 (5) This subsection applies to a superannuation income stream if:
 (a) it is covered by any of items 3 to 7 of the table in subsection 294‑130(1) of the Act; and
 (b) it starts to be in the retirement phase on or after 1 July 2017; and
 (c) it arises as a direct result of the payment of an involuntary roll‑over superannuation benefit to a successor fund.
 (6) This subsection applies to a superannuation income stream if it is a pension for the purposes of the SIS Act that is provided:
 (a) on the grounds of invalidity under a public sector superannuation scheme; and
 (b) under rules that would meet the standards of subregulation 1.06(2) of the SIS Regulations except to the extent that those rules allow for the variation, suspension or cessation of pension payments due to any of the following:
 (i) the primary beneficiary's level of incapacity being reclassified;
 (ii) the primary beneficiary's personal earnings changing;
 (iii) the primary beneficiary being employed by a participating employer of the relevant superannuation scheme;
 (iv) the primary beneficiary failing to provide information as required by the rules;
 (v) the primary beneficiary reaching a particular age.
 (7) This subsection applies to a superannuation income stream if it is a superannuation income stream because of paragraph 307‑70.02(1)(ba).

294‑135.01  Transfer balance credit—determining special value of a superannuation interest
 (1) For the purposes of subsection 294‑135(4) of the Act, the special value, at a particular time, of a superannuation interest that supports an income stream that is, or was at any time, a superannuation income stream prescribed by section 294‑130.01 of this instrument, is the amount worked out using the formula:

  where:
annual entitlement means the amount worked out by:
 (a) dividing the amount of the first superannuation income stream benefit you are entitled to receive from the income stream just after that time by the number of whole days to which that benefit relates; and
 (b) multiplying the result by 365.
 (2) Subsection (1) does not apply to a superannuation interest covered by subsection (3) or (6).
 (3) This subsection covers a superannuation interest that supports an income stream that is, or was at any time, a superannuation income stream prescribed by section 294‑130.01 to which subsection 294‑130.01(5) applies.
 (4) For the