Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p27
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 27/66)
Character Range: 293201–295873

to Fund A or Fund B from a regulated superannuation fund or an approved deposit fund, the relevant cashing restriction set out in Schedule 1 in respect of the benefits was 'Nil'.
 (2) An investment earning in relation to a benefit of any kind is an unrestricted non‑preserved benefit on a day if:
 (a) the benefit was cashed, before that day, in the form of a non‑commutable life pension; and
 (b) for a benefit that was commenced under the condition of release mentioned in item 110 or 208 of Schedule 1, the pensioner has satisfied a condition of release in respect of which the cashing restriction for preserved benefits and restricted non‑preserved benefits is 'Nil'; and
 (c) the pension commenced to be paid before that day.
 (3) An investment earning in relation to a benefit of any kind is an unrestricted non‑preserved benefit on a day if:
 (a) the benefit was cashed, before that day, in the form of a non‑commutable life annuity; and
 (b) for a benefit that was commenced under the condition of release mentioned in item 110 or 208 of Schedule 1, the annuitant has satisfied a condition of release in respect of which the cashing restriction for preserved benefits and restricted non‑preserved benefits is 'Nil'; and
 (c) the annuity commenced to be paid before that day.
 (4) An investment earning in relation to a benefit is an unrestricted non‑preserved benefit on a day if:
 (a) the benefit is an unrestricted non‑preserved benefit; and
 (b) the benefit was cashed, before that day, in the form of a pension; and
 (c) for a benefit that was commenced under the condition of release mentioned in item 110 or 208 of Schedule 1, the pensioner has satisfied a condition of release in respect of which the cashing restriction for preserved benefits and restricted non‑preserved benefits is 'Nil'; and
 (d) the pension commenced to be paid before that day.
 (5) An investment earning in relation to a benefit is an unrestricted non‑preserved benefit on a day if:
 (a) the benefit is an unrestricted non‑preserved benefit; and
 (b) the benefit was cashed, before that day, in the form of an annuity; and
 (c) for a benefit that was commenced under the condition of release mentioned in item 110 or 208 of Schedule 1, the annuitant has satisfied a condition of release in respect of which the cashing restriction for preserved benefits and restricted non‑preserved benefits is 'Nil'; and
 (d) the annuity commenced to be paid before that day.

6.16  Redistribution of member benefits within a fund in certain circumstances by operation of governing rules or action of trustee
 (1) For the purpose of subregulation (2), the following are categories of benefits:
 (a)