Document ID: chunk:federal_register_of_legislation:F2024C01224:front:0:p34
Version: federal_register_of_legislation:F2024C01224
Segment Type: other
Provision Reference: 
Character Range: 85101–87727

for temporary residents
 (1) This regulation applies to an RSA holder who is or was a temporary resident.
 (2) This regulation does not apply to an RSA holder who:
 (a) is an Australian citizen, a New Zealand citizen or a permanent resident; or
 (b) is, at any time, the holder of a Subclass 405 (Investor Retirement) visa or a Subclass 410 (Retirement) visa described in Schedule 2 to the Migration Regulations 1994.
 (3) The only conditions of release that can be satisfied in respect of an RSA holder to whom this regulation applies are:
 (a) a condition of release that was satisfied by the RSA holder before 1 April 2009; and
 (b) the conditions of release in items 102, 102A, 103, 104, 104A, 108, 109AA, 111A and 111B of Schedule 2.

4.03  RSA changeover day
  A decision by an RSA provider under these Regulations as in force before 30 June 1998 to fix a day in the 1998 calendar year as an RSA changeover day is taken never to have been made.

Subdivision 4.1.2—Preserved benefits

4.04  Preserved benefits—before 1 July 1999
  Subject to regulations 4.08 and 4.14 and to Subdivision 4.1.5, the amount of the preserved benefits of the holder of an RSA in the RSA at any time before 1 July 1999 is the sum of:
 (a) the amount of any benefits arising directly or indirectly from amounts contributed to the RSA by an employer on behalf of the RSA holder; and
 (b) the amount of the RSA holder‑financed benefits arising from contributions (other than undeducted contributions) made to the RSA in relation to the RSA holder; and
 (c) the amount of benefits arising from payments from the Superannuation Holding Accounts Special Account; and
 (d) the amount of benefits arising from eligible spouse contributions; and
 (e) the amount of benefits arising from a capital gains tax exempt component rolled over to the RSA because of subsection 160ZZPZF(1), 160ZZPZH(7) or 160ZZPZI(5) of the Tax Act.

4.05  Preserved benefits—on and after 1 July 1999
  Subject to regulation 4.14 and to Subdivision 4.1.5, the amount of the preserved benefits of the holder of an RSA in the RSA at any time on or after 1 July 1999 is the amount of the RSA holder's benefits less the sum of:
 (a) the amount of the RSA holder's restricted non‑preserved benefits as defined by regulation 4.10; and
 (b) the amount of the RSA holder's unrestricted non‑preserved benefits as defined by regulation 4.13.

4.08  Effect of rollover or transfer on preserved benefits
Subject to regulation 4.14 and to Subdivision 4.1.5, the benefits of the holder of an RSA in the RSA that were preserved benefits in the source from which they were received continue to