Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) Subject to Subdivision 4.1.5, the amount of the unrestricted non‑preserved benefits of the holder of an RSA in the RSA is the sum of:
(a) the amount of benefits of the RSA holder that have become unrestricted non‑preserved benefits in accordance with regulation 4.14; and
(b) the amounts specified in subregulation (2) that the RSA institution receives, before 1 July 2004, in respect of the RSA holder; and
(c) the amount of unrestricted non‑preserved benefits received by the RSA institution in respect of the RSA holder; and
(d) the amount of any investment earnings for the period before 1 July 1999 on the amounts mentioned in paragraphs (a), (b) and (c).
(2) The amounts mentioned in paragraph (1) (b) are amounts (other than an amount that is a capital gains tax exempt component) that:
(a) will be taken by section 27D of the Tax Act , as in force before 1 July 2007, to have been expended out of eligible termination payments within the meaning of that section; and
(b) have been received from sources other than:
(i) RSAs; or
(ii) superannuation funds within the meaning of the SIS Act; or
(iii) approved deposit funds within the meaning of:
(A) the SIS Act; or
(B) the Occupational Superannuation Standards Act 1987
as in force immediately before
the commencement of section 5 of the
Occupational Superannuation Standards Amendment Act 1993 ; or
(iv) deferred annuities within the meaning of:
(A) this Part; or
(B) the Occupational Superannuation Standards Regulations.
(3) However, if:
(a) on or after 1 July 1999, a deduction is allowed for the RSA holder under the former section 82AAT of the Income Tax Assessment Act 1936 for an RSA holder contribution made before 1 July 1999; and
(b) the benefits arising from the contribution were previously allocated to restricted non‑preserved benefits that became unrestricted non‑preserved benefits under subregulation 4.14 (2);
the benefits are taken to be preserved benefits.