Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) An investment earning in relation to a benefit of any kind is an unrestricted non - preserved benefit on a day if:
(a) the benefit was cashed, before that day, in the form of a non - commutable life pension; and
(b) for a benefit that was commenced under the condition of release mentioned in item 108B of Schedule 2, the pensioner has satisfied a condition of release in respect of which the cashing restriction for preserved benefits and restricted non - preserved benefits is 'Nil'; and
(c) the pension commenced to be paid before that day.
(2) An investment earning in relation to a benefit of any kind is an unrestricted non - preserved benefit on a day if:
(a) the benefit was cashed, before that day, in the form of a non - commutable life annuity; and
(b) for a benefit that was commenced under the condition of release mentioned in item 108B of Schedule 2, the annuitant has satisfied a condition of release in respect of which the cashing restriction for preserved benefits and restricted non - preserved benefits is 'Nil'; and
(c) the annuity commenced to be paid before that day.
(3) An investment earning in relation to a benefit is an unrestricted non - preserved benefit on a day if:
(a) the benefit is an unrestricted non - preserved benefit; and
(b) the benefit was cashed, before that day, in the form of a pension; and
(c) for a benefit that was commenced under the condition of release mentioned in item 108B of Schedule 2, the pensioner has satisfied a condition of release in respect of which the cashing restriction for preserved benefits and restricted non - preserved benefits is 'Nil'; and
(d) the pension commenced to be paid before that day.
(4) An investment earning in relation to a benefit is an unrestricted non - preserved benefit on a day if:
(a) the benefit is an unrestricted non - preserved benefit; and
(b) the benefit was cashed, before that day, in the form of an annuity; and
(c) for a benefit that was commenced under the condition of release mentioned in item 108B of Schedule 2, the annuitant has satisfied a condition of release in respect of which the cashing restriction for preserved benefits and restricted non - preserved benefits is 'Nil'; and
(d) the annuity commenced to be paid before that day.