Document ID: chunk:federal_register_of_legislation:F2024C01224:front:0:p31
Version: federal_register_of_legislation:F2024C01224
Segment Type: other
Provision Reference: 
Character Range: 77541–80211

meaning as in the Migration Act 1958.
temporary incapacity, in relation to an RSA holder who has ceased to be gainfully employed (including an RSA holder who has ceased temporarily to receive any gain or reward under a continuing arrangement for the RSA holder to be gainfully employed), means ill‑health (whether physical or mental) that caused the RSA holder to cease to be gainfully employed but does not constitute permanent incapacity.
temporary resident means a holder of a temporary visa under the Migration Act 1958.
terminal medical condition has the meaning given by regulation 4.01A.
transitional period, in relation to a superannuation fund (within the meaning of the SIS Act), means the period beginning at the beginning of the fund's 1994—95 year of income and ending:
 (a) in the case of a public sector superannuation scheme (within the meaning of the SIS Act)—at the end of the day when the scheme became an exempt public sector superannuation scheme; or
 (b) in any other case—at the end of the day when the trustee of the fund lodges an election under section 19 of that Act.
transition to retirement pension means a pension provided from an RSA, the terms and conditions of which:
 (a) meet the standards of subregulation 1.07(3D); and
 (b) allow total payments (excluding payments by way of commutation, but including payments under a payment split) made in a financial year to amount to no more than 10% of the pension account balance:
 (i) on 1 July in the financial year in which the payment is made; or
 (ii) if that year is the year in which the pension commences—on the commencement day;
  unless 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
 (c) comply with paragraph (b) of the definition of non‑commutable allocated pension as if it were such a pension in subregulation 4.01AA(1).
 (3) Amounts to the credit of an RSA holder (except eligible spouse contributions) in a fund are undeducted contributions if:
 (a) the amounts are undeducted contributions within the meaning that was given, before 1 July 2007, by subsection 27A(1) of the Tax Act; or
 (b) for any other amounts—the amounts comprise contributions:
 (i) made after 30 June 1983 in order to obtain superannuation benefits (within the meaning of the Tax Act); and
 (ii) in respect of which no deduction is allowable or has been allowed to the RSA holder under the former section 82AAT of the Tax Act.
 (4) For the purposes of Schedule 2, the retirement of a person is taken to occur:
 (a) in the case of a person who has reached a preservation age that is