"RSA
holder" has the same meaning as in the Retirement Savings Accounts Act 1997 .
4 At the end of paragraph 116(2)(d)
Add:
- (v)
- the amount of money a bankrupt
holds in an RSA;
- (vi)
- a payment to a bankrupt from an RSA received on or
after the date of the bankruptcy, if the payment is not a pension or annuity
within the meaning of the Retirement Savings Accounts Act 1997 .
5 After
subsection 116(8)
Insert:
- (8A)
- The regulations may provide for the provider
of an RSA to issue a written evidentiary certificate about the amount of money
a bankrupt holds in an RSA. The regulations may provide that, in proceedings
under this Act, the certificate is prima facie evidence of the amount of money
a bankrupt holds in an RSA for the purposes of subsection (5).
6 Section
139L (after subparagraph (a)(i) of the definition of
income ) Insert:
- (ia)
- an annuity or pension paid to the bankrupt from an RSA;
7 After
sub-subparagraph 249(6)(a)(ii)(B)
Insert:
or (BA) a payment from an RSA;
8
After sub-subparagraph 249(7)(a)(ii)(B)
Insert:
or (BA) a payment from an
RSA;
9 After sub-subparagraph 249(8)(a)(ii)(B)
Insert:
or (BA) a payment
from an RSA;
10 After section 302A
Insert:
302AB Certain provisions in
RSA's terms and conditions to be void
- (1)
- This section applies to a
provision in the terms and conditions of an RSA to the extent to which the
provision has the effect that:
- (a)
- any part of the amount of money a
bankrupt holds in an RSA is cancelled, forfeited, reduced or qualified; or
- (b)
- the provider of the RSA is empowered to exercise a discretion relating to
such an amount to the detriment of an RSA holder;
if the RSA holder:
- (c)
- becomes a bankrupt; or
- (d)
- commits an act of bankruptcy; or
- (e)
- executes a
deed of assignment or a deed of arrangement under this Act.
- (2)
- The
provision is void.
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]