Document ID: chunk:federal_register_of_legislation:F2024C01248:reg:6:p12
Version: federal_register_of_legislation:F2024C01248
Segment Type: reg
Provision Reference: reg 6 (pt 12/21)
Character Range: 154820–157853

military superannuation benefits
 (1) For the purposes of paragraph 307‑125(4)(a) of the Act, subsection (3) specifies an alternative method for determining the components of a superannuation benefit covered by subsection (2).
 (2) For the purposes of subsection (1), this subsection covers a superannuation benefit if:
 (a) the superannuation benefit is a superannuation lump sum that is a payment of invalidity pay, an invalidity pension or a pension mentioned in subparagraph 301‑275(1)(b)(i), (ii) or (iii) of the Act; and
 (b) the invalidity pay, invalidity pension or pension commenced at a time (the commencement time) that is on or after 20 September 2007.
 (3) Determine the components, according to the following method:
 (a) first, assume that:
 (i) the superannuation benefit is a superannuation income stream benefit; and
 (ii) the relevant superannuation income stream commenced at the commencement time;
 (b) next, determine the components, making the assumptions mentioned in paragraph (a), in accordance with subsections 307‑125(1), (2) and (3) of the Act.
Note: The components may be modified under sections 307‑145 and 307‑150 of the Act (see subsection 307‑120(3) of the Act).

Subdivision 307‑D—Superannuation interests

307‑200.01  Application of sections 307‑200.02 to 307‑200.05 to Subdivisions 291‑C and 293‑D of the Act
  For the purposes of section 307‑200 of the Act, sections 307‑200.02 to 307‑200.05 specify ways of treating superannuation interests other than for the purposes of:
 (a) calculating an amount of contributions under Subdivision 291‑C of the Act; or
 (b) calculating low tax contributions under Subdivision 293‑D of the Act.

307‑200.02  Meaning of superannuation interests—treating superannuation interests as 1 superannuation interest (self‑managed superannuation funds)
  For the purposes of subsection 307‑200(2) of the Act, 2 or more superannuation interests that a member holds in a self‑managed superannuation fund are to be treated as one superannuation interest by:
 (a) treating every amount, benefit or entitlement that the member holds in the fund as one superannuation interest; but
 (b) excluding from that treatment any amount, benefit or entitlement that is to be treated as 2 or more superannuation interests in accordance with section 307‑200.05.

307‑200.03  Meaning of superannuation interests—treating a superannuation interest as 2 or more superannuation interests (public sector schemes)
 (1) For the purposes of subsection 307‑200(1) of the Act, a superannuation interest in a public sector superannuation scheme is to be treated as the 2 superannuation interests referred to in subsection (3) in the circumstances specified in subsection (2).
 (2) The interest is to be treated as 2 interests if:
 (a) the superannuation benefit that is to be paid from the scheme is sourced:
 (i) partly from contributions made into the scheme or earnings on those contributions; and
 (ii) partly from one or more other sources; or
 (b) the superannuation benefits that are to be