Commonwealth Numbered Regulations

1997 No. 116 RETIREMENT SAVINGS ACCOUNTS REGULATIONS - REG 4.10

4.10. (1) Subject to regulation 4.14 and to Subdivision 4.1.5, the amount of
the restricted non-preserved benefits of the holder of an RSA in the RSA at
any time on or after the RSA changeover day, is the greatest of the following
amounts:

   (a)  the total of:

        (i)    the indexed amount of the RSA holder's restricted non-
               preserved benefits (as defined by regulation 4.09) that would
               be payable to the RSA holder on the RSA changeover day if the
               RSA holder resigned from employment on that day; and

        (ii)   the indexed amount of the RSA holder's restricted non-
               preserved benefits received by the RSA from another RSA or a
               regulated superannuation fund on or after the RSA changeover
               day that are subject to indexation in the RSA;

   (b)  the total of:

        (i)    the indexed amount of the RSA holder's restricted non-
               preserved benefits (as defined by regulation 4.09) on the RSA
               changeover day that would be payable to the RSA holder if the
               RSA holder were retrenched from employment that day; and

        (ii)   the indexed amount of the RSA holder's restricted non-
               preserved benefits received by the RSA from another RSA or a
               regulated superannuation fund on or after the RSA changeover
               day that are subject to indexation in that other RSA or in that
               fund;

   (c)  the amount of the RSA holder's restricted non-preserved contributions
        in the RSA.

(2) Subject to regulation 4.14 and Subdivision 4.1.5, the benefits
of the holder of an RSA ("the transferee RSA") that:

   (a)  were rolled over or transferred from another RSA or a regulated
        superannuation fund; and

   (b)  were indexed amounts of restricted non-preserved benefits in that
        other RSA or in that fund; continue to be subject to indexation in
        the transferee RSA.

(3) Subject to regulation 4.14 and Subdivision 4.1.5, the benefits of the
holder of an RSA that were restricted non-preserved contributions in the
source from which they were received continue to be restricted non-preserved
contributions in that RSA.

(4) The references in this regulation to indexation apply subject to
regulation 4.16.