Superannuation (Resolution of Complaints) Regulations 2018

SECTION 7   PERSONS TO BE TREATED AS BENEFICIARIES, MEMBERS ETC  

7(1)    
For the purposes of subsection 4B(1) of the Act, the following persons are to be treated as members of regulated superannuation funds for the purposes of paragraph 1 4(1)(a) and subparagraph 15(1)(b)(i) of the Act:

(a) a non-member spouse in relation to whom a splitting order under the Family Law Act 1975 has been made, from the day on which a copy of the order is served on the trustee;

(b) a non-member spouse who is a party to a superannuation agreement under the Family Law Act 1975 , from the day on which a copy of the agreement is served on the trustee;

(c) a party to a marriage in relation to which an order of a kind referred to in Part VIIIAA of the Family Law Act 1975 has been made, if the order relates to a superannuation interest;

(d) an eligible person within the meaning of section 90MZB of the Family Law Act 1975 .

7(2)    
For the purposes of subsection 4B(1) of the Act, the following persons are to be treated as beneficiaries of approved deposit funds for the purposes of paragraph 14(1)(b) and subparagraph 15(1)(b)(ii) of the Act:

(a) a non-member spouse in relation to whom a splitting order under the Family Law Act 1975 has been made, from the day on which a copy of the order is served on the trustee;

(b) a non-member spouse who is a party to a superannuation agreement under the Family Law Act 1975 , from the day on which a copy of the agreement is served on the trustee;

(c) a party to a marriage in relation to which an order of a kind referred to in Part VIIIAA of the Family Law Act 1975 has been made, if the order relates to a superannuation interest;

(d) an eligible person within the meaning of section 90MZB of the Family Law Act 1975 .

7(3)    
For the purposes of subsection 4B(1) of the Act, the following persons are to be treated as holders of RSAs for the purposes of subsection 15F(1) and paragraph 15G(1)(b) of the Act:

(a) a non-member spouse in relation to whom a splitting order under the Family Law Act 1975 has been made, from the day on which a copy of the order is served on the trustee;

(b) a non-member spouse who is a party to a superannuation agreement under the Family Law Act 1975 , from the day on which a copy of the agreement is served on the trustee;

(c) a party to a marriage in relation to which an order of a kind referred to in Part VIIIAA of the Family Law Act 1975 has been made, if the order relates to a superannuation interest;

(d) an eligible person within the meaning of section 90MZB of the Family Law Act 1975 .