Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p23
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 23/66)
Character Range: 282726–285511

fund;
 (b) the total of:
 (i) the indexed amount of the member's restricted non‑preserved benefits (as defined by subregulation (1)) in the fund on the changeover day that would be payable to the member if the member were retrenched from employment that day; and
 (ii) the indexed amount of the member's restricted non‑preserved benefits received by the fund from another regulated superannuation fund, an RSA or an EPSSS on or after the changeover day that are subject to indexation in that other fund, RSA or EPSSS;
 (c) the amount of the member's restricted non‑preserved contributions in the fund.
 (3) Subject to regulation 6.12 and to Subdivision 6.1.5, a type B member's benefits in a regulated superannuation fund (the transferee fund) that:
 (a) were rolled over or transferred from another regulated superannuation fund, an RSA or an EPSSS; and
 (b) were indexed amounts of restricted non‑preserved benefits in that other fund, RSA or EPSSS;
continue to be subject to indexation in the transferee fund.
 (4) Subject to regulation 6.12 and to Subdivision 6.1.5, a type B member's benefits in a regulated superannuation fund (the transferee fund) that:
 (a) were rolled over or transferred from another regulated superannuation fund, an RSA or an EPSSS; and
 (b) were restricted non‑preserved contributions in that other fund, RSA or EPSSS;
continue to be restricted non‑preserved contributions in the transferee fund.
 (5) The references in this regulation to indexation apply subject to regulation 6.14.

6.08  Restricted non‑preserved benefits in regulated superannuation funds—on and after 1 July 1999
 (1) Subject to regulations 6.09 and 6.12 and to Subdivision 6.1.5, the amount of a member's restricted non‑preserved benefits in a regulated superannuation fund at any time on or after 1 July 1999 is the sum of the following amounts:
 (a) either:
 (i) for a type A member who is a defined benefit member and for whom the trustee of the regulated superannuation fund chooses to apply this subparagraph—the greater of the amounts of restricted non‑preserved benefits in the fund, worked out under subregulation 6.07(1), that would be payable to the member on 1 July 1999 if, on 1 July 1999, the member:
 (A) resigned from employment; or
 (B) was retrenched from employment; or
 (ii) for a member to whom subparagraph (i) does not apply—the member's restricted non‑preserved benefits in the fund on 30 June 1999, worked out under regulation 6.07; and
 (b) the member's restricted non‑preserved benefits received by the fund from another regulated superannuation fund, an RSA or an EPSSS on and after 1 July 1999.
 (2) However, if:
 (a) on or after 1 July 1999, a deduction is allowed for the member under the former section 82AAT of the Income Tax Assessment Act 1936 for a