OCCUPATIONAL SUPERANNUATION STANDARDS REGULATIONS 1987 (REPEALED)

PART IA - REASONABLE BENEFIT LIMITS  

Division 3 - Interim determinations  

REGULATION 4M  

4M   INTERIM DETERMINATIONS  
For the purposes of subsection 15L(1) of the Act, an interim determination is to be made in the same manner as a determination under subsection 15K(1) of the Act applying the following rules:

(a) if the Commissioner does not know a person ' s HAS and paragraph 4W(1)(ba) does not apply - the Commissioner is to assume that:

(i) the person ' s lump sum RBL is determined under subparagraph (a)(ii) of the definition of lump sum RBL in subregulation 4A(1) or, if the benefit was paid before, or the commencement day of the benefit occurred before, the person reached the age of 55 years, under that subparagraph as affected by paragraph (b) of that definition; and

(ii) the person ' s pension RBL is determined under paragraph (b) of the definition of pension RBL in subregulation 4A(1) ;

or, if a greater RBL is applicable to the person under regulation 4ZA (including any amount of earnings referred to in paragraph 4ZA(1)(c) that the Commissioner has been informed about) or 4ZB , that greater RBL;

(b) if the Commissioner does not know:

(i) whether a reversion applies to a superannuation pension payable to a person; or

(ii) the level of a reversion that applies to a pension payable to a person;

the Commissioner is to assume that a reversion of 85 % applies to the pension;

(c) if the Commissioner does not know the rate (if any) at which a superannuation pension is indexed - the Commissioner is to assume that the pension is indexed in a year at the standard indexation rate;

(d) if the Commissioner does not know whether a superannuation pension is a rebatable superannuation pension - the Commissioner is to assume that it is;

(e) if the Commissioner does not know whether an ETP, a superannuation pension or an annuity has been, or is being, paid as a result of the death of another person - the Commissioner is to assume that it has not been, or is not being, so paid;

(f) if the Commissioner does not know whether a superannuation pension or annuity meets the pension and annuity standards - the Commissioner is to assume that it does not;

(g) if the Commissioner does not know a person ' s old RBM - the Commissioner is to assume that the old RBM is:

(i) if the person ' s benefits are to be assessed against the lump sum RBL - 7; or

(ii) in any other case - 11.25;

(h) if the Commissioner does not know whether an ETP is made as a result of the commutation of, or the residual capital value of, a superannuation pension or annuity that had commenced to be paid - the Commissioner is to assume that it is not;

(j) if the Commissioner does not know whether a superannuation pension or an annuity payable to a person as a result of the death of another person is payable as a reversion of another superannuation pension or annuity that was already payable to the other person - the Commissioner is to assume that it is not;

(k) if the Commissioner does not know whether a superannuation pension is payable for life - the Commissioner is to assume that it is;

(m) if the Commissioner does not know whether an ETP has been paid to the trustee of the estate of a deceased person - the Commissioner is to assume that it has not.