Superannuation Industry (Supervision) Regulations 1994

PART 6 - PAYMENT STANDARDS  

Division 6.5 - Compulsory rollover and transfer of superannuation benefits in regulated superannuation funds and approved deposit funds  

REGULATION 6.35   WHEN A TRUSTEE MAY REFUSE TO ROLL OVER OR TRANSFER AN AMOUNT  

6.35(1)    
A trustee may refuse to roll over or transfer an amount under regulation 6.34 if:

(a) the fund or RSA to which the member has requested the amount be rolled over or transferred will not accept the amount; or

(b) the amount to be rolled over or transferred is part only of the member ' s interest in the fund, and the effect of rolling over or transferring the amount would be that the member ' s interest in the fund from which the amount is to be rolled over or transferred would be less than $6,000; or

(c) the trustee has, under regulation 6.34 , rolled over or transferred an amount of the member ' s interest within 12 months before the request is received; or

(d) the amount to be rolled over or transferred is a superannuation death benefit (within the meaning of the 1997 Tax Act) in the form of a pension and the roll over or transfer would be inconsistent with the governing rules of the fund applying in respect of the benefit.

6.35(2)    
If a trustee refuses to roll over or transfer an amount under subregulation (1), the trustee must tell the member of the refusal in writing.