PART 4
-
PAYMENT STANDARDS
Division 4.4A
-
Compulsory rollover and transfer of benefits in RSAs
History
Div 4.4A inserted by SLI No 104 of 2007, reg 5 and Sch 3 item 37, effective 1 July 2007.
REGULATION 4.35E
TRANSFERRING ENTITY MUST ELECTRONICALLY RECEIVE REQUEST
4.35E(1)
This regulation applies to an RSA provider (the
transferring entity
) if the RSA holder of an RSA provided by the transferring entity makes a request for the whole or part of the RSA holder
'
s withdrawal benefit in the RSA to be rolled over or transferred to any of the following (the
receiving entity
):
(a)
a superannuation entity;
(b)
an RSA provided by another RSA provider.
4.35E(2)
The transferring entity must be able to electronically receive information in relation to the rollover or transfer sent to the transferring entity:
(a)
by the receiving entity, in accordance with regulation
4.35D
and any applicable Standards made under subsection
45B(3)
of the Act; or
(b)
by the receiving entity in accordance with regulation
6.33A
of the SIS Regulations and any applicable Standards made under subsection
34K(3)
of the SIS Act; or
(c)
by the RSA holder, in accordance with any Standards made under subsection
45B(3)
of the Act, or subsection
34K(3)
of the SIS Act, that apply in relation to requests for rollovers or transfers of benefits; or
(d)
by the Commissioner of Taxation under regulation
4AA.03
.
History
Reg 4.35E substituted by SLI No 61 of 2013, reg 4 and Sch 2 item 1, effective 1 July 2013. Reg 4.35E formerly read:
REGULATION 4.35E WHEN AN RSA PROVIDER MAY REFUSE TO ROLL OVER OR TRANSFER AN AMOUNT
4.35E(1)
[
Conditions]
An RSA provider may refuse to roll over or transfer an amount under regulation
4.35D
if:
(a)
the fund or RSA to which the RSA holder has requested the amount is be rolled over or transferred will not accept the amount; or
(b)
the amount to be rolled over or transferred is part only of the RSA holder's interest in the fund, and the effect of rolling over or transferring the amount would be that the RSA holder's interest in the fund from which the amount is to be rolled over or transferred would be less than $5,000; or
(c)
the RSA provider has, under regulation
4.35D
, rolled over or transferred an amount of the RSA holder's interest within 12 months before the request is received.
4.35E(2)
[
Refusal to be in writing]
If an RSA provider refuses to roll over or transfer an amount under subregulation (1), the RSA provider must tell the RSA holder of the refusal in writing.
Reg 4.35E inserted by SLI No 104 of 2007, reg 5 and Sch 3 item 37, effective 1 July 2007.