OCCUPATIONAL SUPERANNUATION STANDARDS REGULATIONS 1987 (REPEALED)

PART IA - REASONABLE BENEFIT LIMITS  

Division 4 - Determinations  

REGULATION 4W   DETERMINATIONS  

4W(1)   [ Determination of Commissioner ]  

Subject to subregulation (2), in making a determination for the purpose of section 15K of the Act in relation to an ETP paid to a person, or a superannuation pension or annuity that has become payable to a person:

(a) if the sum of the amounts to be taken into account under regulation 4P in relation to the person is equal to or greater than the person ' s lump sum RBL or pension RBL, whichever is applicable - the Commissioner is to determine that the whole of the RBL amount of the ETP, pension or annuity is in excess of the reasonable benefit limits; or

(b) if paragraph (a) does not apply but the sum of:

(i) the sum of the amounts to be taken into account under regulation 4P in relation to the person; and

(ii) the RBL amount of the ETP, pension or annuity;

is greater than the person ' s lump sum RBL or pension RBL, whichever is applicable - the Commissioner is to determine that so much of the RBL amount of the ETP, pension or annuity as does not exceed the amount of that excess is in excess of the reasonable benefit limits; or

(ba) if the sum of:

(i) the amounts to be taken into account under regulation 4P in relation to the person; and

(ii) the RBL amount of the ETP, pension or annuity;

is less than, or equal to:

(iii) in a case to which regulation 4X or 4Z applies - the reasonable benefit limits referred to in:

(A) subparagraph (a)(ii) or (b)(ii) of the definition of lump sum RBL in subregulation 4A(1) ; or

(B) paragraph (b) of the definition of pension RBL in subregulation 4A(1) ;

whichever is applicable; or

(iv) in a case to which regulation 4ZA or 4ZB applies - the reasonable benefit limits applicable in accordance with that regulation;

the Commissioner is to determine that the whole of the ETP, pension or annuity is within the reasonable benefit limits; or

(c) in any other case - the Commissioner is to determine that the whole of the RBL amount of the ETP, pension or annuity is within the reasonable benefit limits.

4W(2)   [ Death benefits ]  

If:

(a) a benefit is paid, or commences to be paid, to a person as the result of the death of another person; and

(b) the benefit is not a benefit referred to in paragraph 4P(1)(g) , (h) , or (o) or subparagraph 4P(1)(q)(i) ;

the Commissioner is to determine that the whole of the RBL amount of the ETP, pension or annuity is within the reasonable benefit limits.

4W(3)    
(Omitted by SR No 148 of 1991.)