Document ID: chunk:federal_register_of_legislation:C2007A00009:clause:1_8:p1
Version: federal_register_of_legislation:C2007A00009
Segment Type: clause
Provision Reference: sch 1 cl 8 (pt 1/11)
Character Range: 198985–202568

8                                 superannuation annuity payment                  A payment to you:                                                                                                                                            A payment to you:
                                                                                  (a) from a *superannuation annuity; or                                                                                                                       (a) from a superannuation annuity; or
                                                                                  (b) arising from the commutation of a superannuation annuity;                                                                                                (b) arising from the commutation of a superannuation annuity;
                                                                                  because you are the annuitant.                                                                                                                               because of the death of the annuitant.

 (2) A superannuation member benefit is a payment described in column 2 of the table.

 (3) A *superannuation benefit is also a superannuation member benefit if:
 (a) the superannuation benefit arises from the commutation of a *superannuation income stream; and
 (b) it would be a *superannuation death benefit apart from this subsection; and
 (c) the benefit is paid after the later of:
 (i) 6 months after the death of the deceased person; or
 (ii) 3 months after the grant of probate of that deceased person's will or letters of administration of that deceased person's estate.

 (4) A superannuation death benefit is a payment described in column 3 of the table.

 (5) Subsection (6) applies if a *contributions‑splitting superannuation benefit or a *family law superannuation payment is paid to you because another person is a member of a *superannuation fund, holder of an *RSA or depositor with an *approved deposit fund, or the annuitant under a *superannuation annuity.

 (6) For the purposes of this section (and despite section 307‑15):
 (a) treat yourself as a member of the fund, holder of the *RSA, depositor with the fund or annuitant under the *superannuation annuity; and
 (b) do not treat the other person as a member of the fund, holder of the RSA, depositor with the fund or annuitant under the superannuation annuity.

Note: This means that the benefit is a superannuation benefit for you but not for the other person.

 (7) A family law superannuation payment is a payment that:
 (a) is a payment of any of the following kinds:
 (i) a payment in accordance with Part VIIIB of the Family Law Act 1975;
 (ii) a payment in accordance with the Family Law (Superannuation) Regulations 2001;
 (iii) a payment in accordance with Part 7A of the Superannuation Industry (Supervision) Regulations 1994;
 (iv) a payment in accordance with Part 4A of the Retirement Savings Accounts Regulations 1997;
 (v) a payment specified in the regulations; and
 (b) satisfies the requirements (if any) specified in the regulations.

Treatment of amounts transferred within a superannuation plan

 (8) If an amount is transferred from one *superannuation interest in a *superannuation plan to another superannuation interest in the same plan, treat the transfer as a payment in determining whether the transfer of the amount is a superannuation benefit or a roll‑over superannuation benefit.

307‑10  Payments that are not superannuation benefits

  A payment of any of