Income Tax Regulations 1936 (Repealed)

Sch 2A repealed by SLI No 89 of 2007, reg 3 and Sch 1 item 8, effective 1 July 2007. Sch 2A formerly read:

SCHEDULE 2A

Regulation 47

CALCULATION OF OLD RBM

Interpretation  
1
In this Schedule:

"account balance"
, in relation to a member of a superannuation fund, means amounts allocated to the member under the governing rules of the fund, and includes:

(a) amounts that have not vested in the member; and

(b) if the fund is sponsored by the employer of the member:

(i) any amount paid by the employer in accordance with a prescribed agreement or award; and

(ii) the amount of the net earnings of the fund in respect of an amount referred to in subparagraph (i);

"concessional component"
has the meaning given by section 27A of the Act;

"converted pension multiple"
, in relation to a superannuation pension that could become payable under the governing rules of the fund as at:

(a) 25 May 1988; or

(b) the day when the fund was constituted (if the fund was constituted after 25 May 1988 but before 1 July 1990);

means the number worked out by multiplying the multiple applicable to the pension under the governing rules of the superannuation fund concerned by the pension valuation factor applicable to the pension as at the retirement age applicable to the fund;

"defined benefit"
means a benefit defined in terms of, or in terms that include, either or both of the following amounts:

(a) the amount of the relevant person's salary:

(i) at the date of the person's retirement from the workforce; or

(ii) on a day before that date; or

(iii) averaged over a period of employment before retirement;

(b) a specified amount;

"lump sum fund"
means a superannuation fund that is prohibited under its rules from:

(a) providing pensions; and

(b) rolling-over amounts to purchase annuities on behalf of members;

"maximum fund multiple"
, in relation to a person who is a member of a defined benefit superannuation fund, means the multiple that is the greatest of the following:

(a) the greatest lump sum multiple; or

(b) the greatest converted pension multiple; or

(c) the greatest combination of a lump sum multiple and a converted pension multiple;

that could have been applicable to the person at any time up to the retirement age of the fund under the governing rules of the fund as at:

(d) 25 May 1988; or

(e) the day when the fund was constituted (if the fund was constituted after 25 May 1988 but before 1 July 1990);

"Member"
, in relation to a superannuation fund, includes a person who has deferred any of his or her benefits in the fund;

"private sector fund"
means a superannuation fund:

(a) to which section 23F of the Act would have applied on:

(i) 25 May 1988; or

(ii) the day when the fund was constituted (if the fund was constituted after 25 May 1988 but before 1 July 1990);

if that section had not been repealed; and

(b) that the Commissioner or the Insurance and Superannuation Commission had approved in writing to provide benefits for a person in excess of the reasonable benefit limits that were current as at 25 May 1988;

"public sector fund"
means a superannuation fund established:

(a) by a law of the Commonwealth or of a State or Territory; or

(b) under the authority of:

(i) the Commonwealth or the government of a State or Territory; or

(ii) a municipal corporation, another local governing body or a public authority constituted by or under a law of the Commonwealth or of a State or Territory;

"retirement age"
, in relation to a person to whom a benefit is, or commences to be, paid means:

(a) in the case of a defined benefit:

(i) if the governing rules of the superannuation fund as at:

(A) 25 May 1988; or

(B) the day when the fund was constituted (if the fund was constituted after 25 May 1988 but before 1 July 1990);

specified a maximum retirement age - that age; or

(ii) where that defined benefit is based on a period of service:

(A) if the fund is not a lump sum fund - the age of the member at which the highest value is obtained by multiplying the pension multiple applicable to him or her under those rules on the relevant date under subparagraph (i) by the relevant pension valuation factor; or

(B) if the fund is a lump sum fund - the age of the member at which the greatest lump sum multiple is so applicable; or

(C) if the fund is not a lump sum fund but does not provide pension benefits - the age of the member at which the greatest lump sum multiple is so applicable; and

(b) in the case of a benefit that is not a defined benefit:

(i) if the governing rules of the superannuation fund as at:

(A) 25 May 1988; or

(B) the day when the fund was constituted (if the fund was constituted after 25 May 1988 but before 1 July 1990);

specified a maximum retiring age - that age; or

(ii) 65 years;

"salary"
, in relation to a member of a superannuation fund, means any amount that is treated as salary of the member under the rules of the fund;

"undeducted contributions"
has the meaning given by section 27A of the Act.

Note: For the interpretation of this Schedule, see also regulation 53M .

Base old RBM  
2
Subject to the following provisions of this Schedule, the old RBM applicable to a person in relation to a benefit entitlement for transitional RBL purposes is:

(a) if the benefit is to be assessed against the lump sum RBL - 7; or

(b) if the benefit is to be assessed against the pension RBL - 11.25. When greater old RBM applicable  
3(1)
An old RBM greater than the old RBM specified in clause 2 may be applicable to a person in relation to a benefit entitlement in a public sector fund or a private sector fund if the person was a member of the fund on 30 June 1990.

3(2)
An old RBM greater than the old RBM specified in clause 2 may also be applicable to a person in relation to a benefit entitlement if:

(a) the benefit:

(i) is payable by an ADF, a life assurance company, a registered organisation or a superannuation fund; and

(ii) consists, in whole or in part, of an ETP rolled-over from a public sector superannuation fund or a private sector fund (in this clause called the ``original fund'' ); and

(b) the whole of the ETP, other than any part that consisted of undeducted contributions or concessional components, from the original fund was rolled-over; and

(c) the person was a member of the original fund on 30 June 1990 or ceased to be such a member after l5 February 1990 and before 1 July 1990.
Old RBM - defined benefits  
4
The old RBM applicable to a person in relation to:

(a) a defined benefit entitlement in a defined benefit superannuation fund to which subclause 3(1) applies; or

(b) a benefit entitlement in an ADF, a life assurance company, a registered organisation or a superannuation fund to which subclause 3(2) applies where the benefit paid by the original fund referred to in that subclause was a defined benefit;

is the greater of:

(c) the person's maximum fund multiple:

(i) as at 30 June 1990; or

(ii) if a higher maximum fund multiple was applicable to the person as at an earlier date - as at the earlier date; or

(d) the base old RBM. Old RBM - non-defined benefits  
5(1)
The old RBM applicable to a person in relation to a benefit entitlement in:

(a) a fund of a kind referred to in subclause 3(1) that does not provide defined benefits; or

(b) an ADF, a life assurance company, a registered organisation or a superannuation fund to which subclause 3(2) applies where the original fund referred to in that subclause only provided benefits that are not defined benefits;

is the greater of:

(c) the multiple calculated under clause 6 or clause 7; or

(d) the base old RBM.

5(2)
For the purposes of subclause (1), a fund:

(a) may calculate the old RBM for all of its members under either clause 6 or clause 7; and

(b) must make the calculation under one of those clauses.
Calculation method 1 - non-defined benefits  
6(1)
Subject to subclause (2), the calculation by method 1 is to be made in relation to a person using the formula:

where:

`` P '' means:

(a) in the case of a person who is a member of the fund as a result of having deferred any of his or her benefits in that fund - 0; or

(b) in any other case - the total proportion of the person's salary (expressed as a decimal number) that was:

(i) contributed to the fund during the financial year ending on 30 June 1990 (including any employer contributions); or

(ii) the highest proportion contributed to the fund during any earlier financial year (including any employer contributions);

whichever is the higher, and includes any amount paid by the employer in accordance with a prescribed agreement or award; and

`` Q '' means the number worked out:

(a) if that person:

(i) was a member of the fund on 1 July 1990; and

(ii) had deferred any of his or her benefits in the fund before 1 July 1990;

by dividing the person's account balance on 1 July 1990 by an amount obtained by:

(iii) multiplying the person's salary on the date of deferral by the index number for the June quarter of the financial year that began on 1 July 1989; and

(iv) dividing the product of that multiplication by the index number for the March quarter of the financial year in which the benefits were deferred; or

(b) if the person ceased to be a member of the fund before 1 July 1990 - by dividing the person's account balance on the day when his or her membership ceased by his or her salary on the day when he or she ceased to be a member; or

(c) in any other case - by dividing the person's account balance on 1 July 1990 by his or her salary on that day; and

`` n '' means the number of years in the period:

(a) beginning:

(i) if the person ceased to be a member of a superannuation fund before 1 July 1990 - on the day when that person ceased to be a member of the fund; or

(ii) in any other case - on 30 June 1990; and

(b) ending at the end of the day when the person reaches the age that is his or her retirement age for the purposes of the fund;

counting part of a year as a whole year.

6(2)
If the governing rules of a superannuation fund of which a person is a member require the contributions to the fund in respect of the person to increase after 30 June 1990, the calculation is to be made in relation to that person by:

(a) adding together the amounts worked out, in accordance with subclause (3), in relation to the person separately in respect of each year from 1 July 1990 to the day on which he or she reaches the age that is his or her retirement age, counting part of a year as a whole year; and

(b) adding to the amounts referred to in paragraph (a) the amount specified in subclause (4).

6(3)
The amount referred to in paragraph (2)(a) to be worked out in relation to a person in respect of a year (in this subclause called ``relevant year'' ) is the amount worked out using the formula:

1.08   ×   P   ×   1.0185 n   +   (1 − i)

where:

`` P '' means the proportion (expressed as a decimal number) of the amount of the salary of the person, being an amount that is assumed to increase by 8% on each 1 July after 1 July 1990, that would be required to be contributed to the fund under the rules in respect of the relevant year; and

`` i '' means the lower of:

(a) the number of years in the period that:

(i) began on 1 July 1990; and

(ii) ended at the end of the relevant year; or

(b) ``n'' (as defined in subclause (1)).

6(4)
The amount referred to in paragraph (2)(b) is an amount worked out using the formula:

1.08   ×   Q   ×   1.0185 n

where ``Q'' and ``n'' have the respective meanings given by subclause (1).

Calculation method 2 - non-defined benefits  
7
The calculation by method 2 is to be made in relation to a person using the formula:

(Q   ×   Asset Factor)   +   (P   ×   Contribution Factor   ×   100)

where:

`` Q '' has the meaning given by subclause 6(1); and

`` Asset Factor '' means the relevant factor ascertained using the table to this clause; and

`` P '' has the meaning given by clause 6; and

`` Contribution Factor '' means the relevant factor ascertained using the following Table:

TABLE

FACTORS FOR CALCULATING HIGHER MULTIPLE

Years to retirement	Asset Factor	Contribution Factor
50	2.703	0.893
49	2.654	0.866
48	2.606	0.839
47	2.558	0.813
46	2.512	0.788
45	2.466	0.762
44	2.421	0.738
43	2.377	0.714
42	2.334	0.690
41	2.292	0.666
40	2.250	0.643
39	2.209	0.621
38	2.169	0.599
37	2.129	0.577
36	2.091	0.556
35	2.053	0.535
34	2.015	0.514
33	1.979	0.494
32	1.943	0.475
31	1.907	0.455
30	1.873	0.436
29	1.839	0.417
28	1.805	0.399
27	1.772	0.381
26	1.740	0.363
25	1.709	0.346
24	1.678	0.329
23	1.647	0.312
22	1.617	0.295
21	1.588	0.279
20	1.559	0.263
19	1.531	0.248
18	1.503	0.232
17	1.475	0.217
16	1.449	0.203
15	1.422	0.188
14	1.396	0.174
13	1.371	0.160
12	1.346	0.146
11	1.322	0.133
10	1.298	0.120
9	1.274	0.107
8	1.251	0.094
7	1.228	0.081
6	1.206	0.069
5	1.184	0.057
4	1.162	0.045
3	1.141	0.034
2	1.120	0.022
1	1.100	0.011

[ Notes: 1. The years to retirement of a person is the number of years from 30 June 1990 until the day on which the person will reach the retirement age of the fund.

2. Where the number of years to retirement of the person includes a part of a year, the factor to be obtained using the table is the factor applicable to the next higher year.]

Mixed benefits  
8
If a defined benefit superannuation fund could have provided a combination of defined benefits and other benefits to a person under the governing rules of the fund, as at:

(a) 25 May 1988; or

(b) the day when the fund was constituted (if the fund was constituted after 25 May 1988 but before 1 July 1990);

the old RBM applicable to a person to whom a benefit is paid, or commences to be paid, by the fund is the greater of:

(c) the sum of:

(i) the person's maximum fund multiple; and

(ii) the multiple that would be calculated under clause 6 or 7; or

(d) the greater of the numbers calculated under clauses 4 and 5. Adjustment of old RBM for early retirement  
9
If the age at which the person may retire under the rules of the fund is less than 55, the old RBM of the person is the number worked out using the formula:

A                       1 − (0.025 × B)

where:

`` A '' is the number that would have been the old RBM of the person under this Schedule if this clause did not apply; and

`` B '' is the number of whole years between the age at which the person may retire under the rules of the fund and 55 years.

Conversion to multiple of HAS  
10
If a fund specifies benefits payable to a member in terms of the member's final salary or in similar terms, the multiple of salary is, for the purposes of this Schedule, to be converted into a multiple of the person's HAS using the formula:

M   ×   1.08   (1.5 − K)

where:

`` K '' is the number of years used under the governing rules of the fund from the midpoint of the averaging period for calculating the multiple of salary until the end of that period; and

`` M '' is the multiple of salary used under those rules.

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History

Sch 2A inserted by SR No 461 of 1994.