Treasury is seeking industry consultation on a draft regulation that will allow individuals to exit certain legacy retirement products.

The Treasury Laws Amendment (Self-managed superannuation funds—legacy retirement product conversions and reserves) Regulations 2024 (draft regulations) was announced by Minister for Financial Services Stephen Jones on Tuesday.

The draft regulations will:

  • enable individuals to exit a specified range of legacy retirement products for up to 5 years; and
  • allow for more flexible pathways to make allocations from a reserve, by:
    • providing that where a reserve supported an income stream that is ceased, and the reserve is allocated to the former recipient of that income stream, it will be exempt from both contribution caps; and
    • counting other reserve allocations towards an individual’s non-concessional contributions instead of their concessional contributions.

The draft regulations apply to legacy lifetime, life expectancy and market-linked superannuation income stream products that commenced prior to 20 September 2007, or were commenced as a result of a conversion of an earlier legacy product that commenced prior to that date.

Submissions are open until 8 October 2024.

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