Superannuation Industry (Supervision) Amendment Regulations 2007 (No. 1) (74 of 2007)
Schedule 3 Amendments commencing on 1 July 2007
[18] After subregulation 1.06 (9)
insert
(9A) Rules for the provision of a benefit (the pension ) meet the standards of this subregulation if the rules ensure that payment of the pension is made at least annually, and also ensure that:
(a) for a pension in relation to which there is an account balance attributable to the beneficiary - the total of payments in any year (including under a payment split) is at least the amount calculated under clause 1 of Schedule 7; and
(b) for a pension that is not described in paragraph (a):
(i) both of the following apply:
(A) the rules do not provide for a residual capital value, commutation value or withdrawal benefit greater than 100% of the purchase price of the pension;
(B) the total of payments in any year (including under a splitting order) is at least the amount calculated under clause 2 of Schedule 7; or
(ii) each of the following applies:
(A) the pension is payable throughout the life of the beneficiary (primary or reversionary), or for a fixed term of years that is no greater than the difference between the primary beneficiarys age on the commencement day and age 100;
(B) there is no arrangement for an amount (or a percentage of the purchase price) prescribed by the rules to be returned to the recipient when the pension ends;
(C) the total of payments from the pension in the first year (including under a payment split) is at least the amount calculated under clause 2 of Schedule 7;
(D) the total of payments from the pension in a subsequent year cannot vary from the total of payments in the previous year unless the variation is as a result of an indexation arrangement or the transfer of the pension to another person;
(E) if the pension is commuted, the commutation amount cannot exceed the benefit that was payable immediately before the commutation; or
(iii) the standards of subregulation (2) are met; and
(c) the pension is transferable to another person only on the death of the beneficiary (primary or reversionary, as the case may be); and
(d) the capital value of the pension and the income from it cannot be used as a security for a borrowing.
(9B) Rules for the provision of a benefit do not meet the standards of any of subregulations (2) to (9A) if, in relation to the death of the beneficiary on or after 1 July 2007, the pension is transferred to a person who would not be eligible to be paid a benefit in the form of a pension under subregulation 6.21 (2A).
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