Greater certainty in relation to fund mergers
The Tax and Superannuation Laws Amendment (2014 Measure No. 7) Act 2015 received Royal Assent on 19 March 2015. Schedule 4 of the Act contains the law changes in relation to involuntary roll-over superannuation benefits and applies from 1 July 2015.
These law changes were introduced to ensure that superannuation fund members, depositors with an approved deposit fund and holders of a retirement savings account are not disadvantaged where their benefits are rolled over between plans in response to the Stronger Super package of super reforms or where a successor fund transfer occurs.
The changes also provide greater certainty for super funds that are considering entering into super fund mergers.
In general terms, the law amendments provide:
The law has been amended to ensure that superannuation fund members are not disadvantaged where an involuntary roll-over superannuation benefit occurs.
- A definition of an involuntary roll-over superannuation benefit and an updated definition of successor fund.
- That an individual will remain in the same taxation position if their superannuation interest is involuntarily rolled over to another superannuation plan.
- Where an individual’s superannuation interest was not supporting an income stream, the new plan will recognise the value of the individual’s contribution segment and crystallised segment in the original plan immediately prior to the involuntary transfer.
- That income stream benefits be paid from the new plan in the same proportion of tax free and taxable components as they were from the original plan.
- That the original transferring plan is no longer required to give their former members, depositors or account holders a roll-over benefit statement in relation to an involuntary roll-over superannuation benefit.