Document ID: chunk:federal_register_of_legislation:C2025C00162:section:9:p4
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 9 (pt 4/8)
Character Range: 121649–124334

by way of employer and employee contributions) less any commuted amounts.
relevant number, in relation to an income stream, means:
 (a) if the income stream is payable for a fixed number of years—that number; or
 (b) if the income stream is payable during the lifetime of a person and no longer—the number of years of the person's life expectancy; or
 (c) if the income stream:
 (i) is jointly owned by a person and his or her partner and is payable for the lifetime of the person or the partner; or
 (ii) is payable during the lifetime of a person and then for the lifetime of a reversionary beneficiary;
  the number of years of the longer of the relevant life expectancies; or
 (d) in any other case—the number that the Secretary considers appropriate having regard to the number of years in the total period during which the income stream will be, or may reasonably be expected to be, payable.
residual capital value, in relation to an income stream, means the capital amount payable on the termination of the income stream.
Note: An account‑based income stream does not have a residual capital value (see subsection (10) of this section).
retirement savings account has the meaning that it has in the Retirement Savings Accounts Act 1997.
return:
 (a) in relation to an ATO small superannuation account—means so much of the balance of the account as is attributable to interest; or
 (b) in relation to any other investment in the nature of superannuation—means any increase, whether of a capital or income nature and whether or not distributed, in the value or amount of the investment.
secondary FLA income stream has the meaning given by section 9C.
superannuation benefit, in relation to a person, means:
 (a) a benefit arising directly or indirectly from amounts contributed (whether by the person or by any other person) to a superannuation fund in respect of the person; or
 (b) a payment under Part 7 of the Small Superannuation Accounts Act 1995, where the payment is in respect of an ATO small superannuation account kept in the name of the person.
superannuation contributions surcharge has the meaning that it has in the Superannuation Contributions Tax (Assessment and Collection) Act 1997.
superannuation fund means:
 (a) a fund that is or has been a complying superannuation fund within the meaning of section 45 of the Superannuation Industry (Supervision) Act 1993 in relation to any tax year; or
 (b) an Australian superannuation fund (within the meaning of the Income Tax Assessment Act 1997) that is not a complying superannuation fund mentioned in paragraph (a) in relation to any tax year; or
 (c) a scheme for the payment of benefits upon retirement or death