EXPLANATORY STATEMENT

Select Legislative Instrument 2010 No. 237

Issued by the authority of the Minister for Financial Services, Superannuation and Corporate Law

Superannuation Industry (Supervision) Act 1993

Superannuation Industry (Supervision) Amendment Regulations 2010 (No. 3)

Retirement Savings Accounts Act 1997

Retirement Savings Accounts Amendment Regulations 2010 (No. 3)

Subsection 353(1) of the Superannuation Industry (Supervision) Act 1993 (SIS Act) provides, in part, that the Governor-General may make regulations prescribing matters required or permitted by the SIS Act to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the SIS Act.

Subsection 200(1) of the Retirement Savings Accounts Act 1997 (RSA Act) provides, in part, that the Governor-General may make regulations prescribing matters required or permitted by the RSA Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the RSA Act.

The Superannuation Industry (Supervision) Regulations 1994 (SIS Regulations) require that a minimum payment be made from a superannuation account-based pension at least annually. Minimum payments are determined by age and the value of the account balance at 1 July of each year. The minimum annual payment rule is designed so that retirees draw down on their superannuation capital over their retirement. This rule recognises that superannuation is a retirement savings vehicle with substantial tax concessions.

The purpose of the Regulations is to give effect to the Government’s announced measure to reduce the minimum payment amounts for account-based pensions for the 2010‑11 financial year. This extends the pension drawdown relief provided in respect of the 2008-09 and 2009-10 financial years.

The reduction in the minimum payment amounts for 2010-11 applies to account-based annuities and pensions, allocated annuities and pensions, and market-linked annuities and pensions.

This measure is designed to assist pension account balances to recover from capital losses associated with the global financial crisis. It will benefit holders of account-based pensions by reducing the need to sell assets at a loss in order to satisfy the minimum payment requirement for 2010-11.

The SIS Regulations, inter alia, contain the payment rules for annuities and pensions, including those products in relation to which there is an account balance attributable to the recipient. The Retirement Savings Accounts Regulations 1997 (RSA Regulations) contain parallel payment rules for pensions payable from Retirement Savings Accounts.

The Regulations halve the minimum annual payment amounts for account‑based, allocated and market-linked annuities and pensions, and for pensions payable from Retirement Savings Accounts, for the 2010-11 financial year.

 

Details of the amendments to the SIS Regulations are set out in Attachment A and details of the amendments to the RSA Regulations are set out in Attachment B.

The SIS Act and the RSA Act specify no conditions that need to be met before the power to make the Regulations may be exercised.

The Regulations are legislative instruments for the purposes of the Legislative Instruments Act 2003.

The Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.

Given the straightforward nature of the Regulations no public consultation was undertaken.

Authority: Subsection 353(1) of the Superannuation Industry (Supervision) Act 1993.

Subsection 200(1) of the Retirement Savings Accounts Act 1997.

ATTACHMENT A

Details of Superannuation Industry (Supervision) Amendment Regulations 2010 (No. 3)

Regulation 1 specifies the name of the Regulations as the Superannuation Industry (Supervision) Amendment Regulations 2010 (No. 3).

Regulation 2 provides that the Regulations commence on the day after registration.

Regulation 3 provides that Schedule 1 amends the Superannuation Industry (Supervision) Regulations 1994 (SIS Regulations).

Schedule 1 Amendments

Items 1 and 2

Schedules 1A and 1AAB to the SIS Regulations set out the method for calculating the minimum and maximum payment limits for allocated pensions (and for the equivalent annuity product). Clause 2 in each of these Schedules sets out the method for calculating the minimum payment limits.

Clause 3A in each of Schedules 1A and 1AAB provides that, for the financial years commencing on 1 July 2008 and 1 July 2009, the minimum payment limit is half the amount worked out using the formula in clause 2. Items 1 and 2 amend clause 3A in each of these Schedules so that it also applies to the financial year commencing on 1 July 2010.

Item 3

Schedule 6 to the SIS Regulations contains the payment rules for market‑linked income streams. Clause 1 of Schedule 6 sets out the formula for determining the annual payment amount for a market‑linked income stream.

Clause 10 of Schedule 6 provides that, for the financial years commencing on 1 July 2008 and 1 July 2009, an amount is taken to have been determined in accordance with clause 1 if it is not less than 45 per cent of the amount determined in accordance with clause 1, and not greater than 110 per cent of the amount determined in accordance with clause 1. Item 3 amends clause 10 so that it also applies to the financial year commencing on 1 July 2010.

Item 4

Schedule 7 to the SIS Regulations contains the rules for calculating the minimum payment amount for a superannuation income stream. The method for calculating the minimum payment amount for an account-based pension (and for the equivalent annuity product) is set out in clause 1 of Schedule 7.

Clause 4A of Schedule 7 provides that, for the financial years commencing on 1 July 2008 and 1 July 2009, the minimum payment amount is half the amount worked out using the formula in clause 1. Item 4 amends clause 4A so that it also applies to the financial year commencing on 1 July 2010.

ATTACHMENT B

Details of Retirement Savings Accounts Amendment Regulations 2010 (No. 3)

Regulation 1 specifies the name of the Regulations as the Retirement Savings Accounts Amendment Regulations 2010 (No. 3).

Regulation 2 provides that the Regulations commence on the day after registration.

Regulation 3 provides that Schedule 1 amends the Retirement Savings Accounts Regulations 1997 (RSA Regulations).

Schedule 1 Amendments

Items 1 and 2

Schedules 1 and 1A to the RSA Regulations set out the method for calculating the minimum and maximum payment limits for allocated pensions paid from retirement savings accounts. Clause 2 in each of these Schedules sets out the method for calculating the minimum payment limits.

Clause 3A in each of Schedules 1 and 1A provides that, for the financial years commencing on 1 July 2008 and 1 July 2009, the minimum payment limit is half the amount worked out using the formula in clause 2. Items 1 and 2 amend clause 3A in each of these Schedules so that it also applies to the financial year commencing on 1 July 2010.

Item 3

Schedule 4 to the RSA Regulations contains the rules for calculating the annual payment amounts for market‑linked pensions. The formula for determining the annual payment amount is set out in clause 1 of Schedule 4.

Clause 10 of Schedule 4 provides that, for the financial years commencing on 1 July 2008 and 1 July 2009, an amount is taken to have been determined in accordance with clause 1 if it is not less than 45 per cent of the amount determined in accordance with clause 1, and not greater than 110 per cent of the amount determined in accordance with clause 1. Item 3 amends clause 10 so that it also applies to the financial year commencing on 1 July 2010.

Item 4

Schedule 5 to the RSA Regulations contains the rules for calculating the minimum payment amount for an account‑based pension. The method for calculating the minimum payment amount is set out in clause 1 of Schedule 5.

Clause 3A of Schedule 5 provides that, for the financial years commencing on 1 July 2008 and 1 July 2009, the minimum payment amount is half the amount worked out using the formula in clause 1. Item 4 amends clause 3A so that it also applies to the financial year commencing on 1 July 2010.