Document ID: chunk:federal_register_of_legislation:F2024C01224:front:0:p35
Version: federal_register_of_legislation:F2024C01224
Segment Type: other
Provision Reference: 
Character Range: 87496–90289

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 be preserved benefits in that RSA.

Subdivision 4.1.3—Restricted non‑preserved benefits

4.09  Restricted non‑preserved benefits—before 1 July 1999
  Subject to regulations 4.12 and 4.14 and to Subdivision 4.1.5, the amount of the restricted non‑preserved benefits of the holder of an RSA in the RSA at any time before 1 July 1999 is the amount of the RSA holder's benefits, less the sum of:
 (a) the amount of the RSA holder's preserved benefits as defined by regulation 4.04; and
 (b) the amount of the RSA holder's unrestricted non‑preserved benefits as defined by regulation 4.13.

4.10  Restricted non‑preserved benefits—on and after 1 July 1999
 (1) Subject to regulations 4.12 and 4.14 and to Subdivision 4.1.5, the amount of the restricted non‑preserved benefits of the holder of an RSA in the RSA at any time on or after 1 July 1999 is the sum of the following amounts:
 (a) the RSA holder's restricted non‑preserved benefits on 30 June 1999 worked out under regulation 4.09;
 (b) any restricted non‑preserved benefits received by the RSA for the RSA holder from another RSA, a regulated superannuation fund or an EPSSS on and after 1 July 1999.
 (2) However, if:
 (a) on or after 1 July 1999, a deduction is allowed for the RSA holder under the former section 82AAT of the Income Tax Assessment Act 1936 for an RSA holder contribution made before 1 July 1999; and
 (b) the benefits arising from the contribution were previously allocated to restricted non‑preserved benefits;
the benefits are taken to be preserved benefits.

4.12  Effect of rollover or transfer on restricted non‑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 restricted non‑preserved benefits in the source from which they were received continue to be restricted non‑preserved benefits in that RSA.

Subdivision 4.1.4—Unrestricted non‑preserved benefits

4.13  Unrestricted non‑preserved benefits
 (1) Subject to Subdivision 4.1.5, the amount of the unrestricted non‑preserved benefits of the holder of an RSA in the RSA is the sum of:
 (a) the amount of benefits of the RSA holder that have become unrestricted non‑preserved benefits in accordance with regulation 4.14; and
 (b) the amounts specified in subregulation (2) that the RSA institution receives, before 1 July 2004, in respect of the RSA holder; and
 (c) the amount of unrestricted non‑preserved benefits received by the RSA institution in respect of the RSA holder; and
 (d) the amount of any investment earnings for the period before