Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_3:p8
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 8/17)
Character Range: 1078894–1081994

a *capped defined benefit income stream, the *superannuation income stream provider may choose not to comply with the commutation authority.

Exception for deceased member
 (3) Despite subsection (1), if the *retirement phase recipient has died, the *superannuation income stream provider may choose not to comply with the commutation authority.

136‑85  Notifying the Commissioner
 (1) A *superannuation income stream provider issued with a commutation authority under this Subdivision must notify the Commissioner of the amount of a *superannuation lump sum paid in accordance with the commutation authority.
 (2) If a *superannuation income stream provider chooses under subsection 136‑80(2) or (3) not to comply with the commutation authority, the provider must notify the Commissioner of that choice.
 (3) A notice under this section must be in the *approved form and must be given within 60 days after the commutation authority is issued.
Note: Section 286‑75 provides an administrative penalty for breach of this subsection.

136‑90  Notifying you
 (1) A *superannuation income stream provider issued with a commutation authority under this Subdivision must notify you if the superannuation income stream provider:
 (a) pays a *superannuation lump sum in accordance with the commutation authority; or
 (b) chooses under subsection 136‑80(2) not to comply with the commutation authority.
 (2) A notice under this section must be in the *approved form and must be given within 60 days after the commutation authority is issued.
Note: Section 286‑75 provides an administrative penalty for breach of this subsection.

Division 138—First home super saver scheme

Table of Subdivisions
 Guide to Division 138
138‑A First home super saver determination
138‑B FHSS maximum release amount

Guide to Division 138

138‑1  What this Division is about
      If you have had voluntary contributions into superannuation, you may be eligible to have those contributions and their associated earnings released for the purposes of purchasing or constructing your first home.

Subdivision 138‑A—First home super saver determination

Guide to Subdivision 138‑A

138‑5  What this Subdivision is about
      If you satisfy particular criteria, you may request that the Commissioner make a determination stating your FHSS maximum release amount and the components that make up that amount.

Table of sections

Operative provisions
138‑10 First home super saver determination
138‑12 Withdrawing or amending your request
138‑13 Amending or revoking a first home super saver determination
138‑15 Review

Operative provisions

138‑10  First home super saver determination

First home super saver determination
 (1) A first home super saver determination is a written determination stating:
 (a) your *FHSS maximum release amount; and
 (b) the amount of each of the following components that make up your FHSS maximum release amount:
 (i) your *concessional contributions;
 (ii) your *non‑concessional contributions;
 (iii) your associated earnings.

Requesting a first home super saver determination
 (2) You may request