SUPERANNUATION INDUSTRY (SUPERVISION) REGULATIONS 1994 - REG 1.07D Commutation of superannuation income stream

SUPERANNUATION INDUSTRY (SUPERVISION) REGULATIONS 1994 - REG 1.07D

  (1)   For paragraphs 1.05(1)(d) and 1.06(1)(b), a benefit meets the standards of this regulation if, under the applicable contract or rules, the annuity or pension cannot be commuted, in whole or in part, except in the following circumstances:

  (a)   the commutation results from the death of the annuitant or pensioner or a reversionary annuitant or reversionary pensioner; or

  (b)   the sole purpose of the commutation is:

  (i)   to pay a superannuation contributions surcharge; or

  (ii)   to give effect to an entitlement of a non - member spouse under a payment split; or

  (iii)   to meet the rights of a client to return a financial product under Division   5 of Part   7.9 of the Corporations Act 2001 ; or

  (c)   for a commutation in part--the account balance of the annuity or pension, immediately after the commutation, is equal to or greater than the minimum payment amount calculated in accordance with Schedule   7, as reduced by the amount of payments (excluding amounts paid by way of commutation) to the annuitant or pensioner already made in the financial year in which the commutation occurs; or

  (d)   the annuity or pension has paid, in the financial year in which the commutation takes place, at least the minimum amount prescribed by subregulation   (2).

  (2)   For paragraph   (1)(d), the minimum amount is the amount calculated using the formula:

where:

"days in financial year" means the number of days in the financial year (365 or 366) in which the commutation takes place.

"days in payment period" means the number of days in the period that:

  (a)   begins on:

  (i)   if the annuity or pension commenced in the financial year in which the commutation is to take place--the commencement day; or

  (ii)   otherwise--1   July in that financial year; and

  (b)   ends on the day on which the commutation is to take place.

"minimum annual amount" means the minimum amount payable under the annuity or pension, in the financial year, calculated in accordance with Schedule   7.