Document ID: chunk:federal_register_of_legislation:F2024C01248:reg:19:p6
Version: federal_register_of_legislation:F2024C01248
Segment Type: reg
Provision Reference: reg 19 (pt 6/14)
Character Range: 69649–72364

in the case of a deferred benefit—was to increase at a rate reflecting any reduction in the expected period in which pension payments were to be made and any deferral of the date when payments would start; or
 (vii) was to increase at a regular rate, or a rate worked out using a formula, that an actuary considered would not result in an increase that was more than the greatest of the increases mentioned in subparagraphs (i) to (vi).
 (7) The member was a pensioned member of the fund if:
 (a) the member's membership of the fund consisted only of the member receiving pension payments from the superannuation fund; and
 (b) any of the following applied:
 (i) the pension payments were always the same amount;
 (ii) the pension payments were paid from an account that related only to the member, and no employer contributions were paid to the account for the benefit of the member;
 (iii) the pension payments increased at rates that were consistent with the rates prescribed under the rules of the fund that applied when the pension commenced to be paid.
 (8) For the purposes of determining whether a defined benefit member is a non‑accruing member of the fund for a period, any employer contributions paid to the fund for the period to meet partially, or wholly, unfunded benefit liabilities of the fund are not to be treated as employer contributions for the benefit of the member for the period.

291‑170.05  Notional taxed contributions—conditions for paragraph 291‑170(2)(d) and subparagraph 291‑170(3)(e)(ii) of the Income Tax (Transitional Provisions) Act 1997
 (1) For the purposes of paragraph 291‑170(2)(d) and subparagraph 291‑170(3)(e)(ii) of the Income Tax (Transitional Provisions) Act 1997, this section:
 (a) applies in relation to a superannuation fund to which section 291‑170.02 of this instrument applies; and
 (b) specifies the conditions that are to be satisfied in relation to establishing whether a defined benefit member of the fund's notional taxed contributions for a financial year in respect of a defined benefit interest in the fund are equal to the member's basic concessional contributions cap for the financial year.
 (2) A condition is that between 5 September 2006 and the time at which the new entrant rate for the defined benefit member is worked out using Schedule 1A:
 (a) the rules of any superannuation fund in which a relevant 2006 interest was held during that period have not changed to improve the member's benefit; and
 (b) any of the following apply:
 (i) the member has not moved to a new benefit category;
 (ii) the member has moved to a new benefit category but the new benefit category does not provide the member with an improved level of benefit;
 (iii) the