Treasury Laws Amendment (Reuniting More Superannuation) Regulations 2021 (F2021L00412)

Schedule 1   Amendments

Superannuation Industry (Supervision) Regulations 1994

37   Subregulation 7A.09(3A)

Repeal the subregulation, substitute:

(3A) If subparagraph (2)(b)(ii), or paragraph (2)(c), applies in relation to a request, the trustee must:

(a) roll over or transfer the transferable benefits to another regulated superannuation fund, approved deposit fund, EPSSS or RSA nominated by the non-member spouse; or

(b) if there has been no such nomination by the non-member spouse - consider whether it would be in the best interests of the non-member spouse to pay the amount of the transferable benefits to the Commissioner under section 22 of the Superannuation (Unclaimed Money and Lost Members) Act 1999.