Commonwealth Consolidated Regulations

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RETIREMENT SAVINGS ACCOUNTS REGULATIONS 1997 - REG 4.22

Voluntary cashing of restricted non - preserved benefits

  (1)   The restricted non - preserved benefits of an RSA holder may be cashed on or after the satisfaction by the RSA holder of a condition of release.

Note:   For conditions of release for temporary residents, see regulation   4.01B.

  (2)   The amount of restricted non - preserved benefits that may be cashed in accordance with subregulation   (1) must not exceed the amount of:

  (a)   the restricted non - preserved benefits of the RSA holder that had accrued at the time when the RSA holder satisfied the condition of release; and

  (b)   before 1   July 1999--any investment earnings accruing on those benefits from the time when the RSA holder satisfied the condition of release.

  (3)   Subject to subregulation   (4), the form in which restricted non - preserved benefits may be cashed under this regulation is, unless the satisfied condition of release is the death of the RSA holder:

  (a)   a form (if any) specified in Schedule   2 as a cashing restriction relating to the condition of release; or

  (b)   if the specified cashing restriction is 'Nil'--any 1 or more of the following forms:

  (i)   1 or more lump sums;

  (ii)   1 or more pensions;

  (iii)   the purchase of 1 or more annuities under the SIS Regulations.

Note:   For the cashing requirement applying on the death of the RSA holder, see regulation   4.24.

  (4)   A lump sum mentioned in subparagraph   (3)(b)(i) must be payable not later than the time for the payment of a lump sum mentioned in paragraph   4.24(3)(a).



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