Retirement Savings Accounts Regulations 1997

PART 4A - RSA INTERESTS SUBJECT TO PAYMENT SPLIT  

Division 4A.3 - Options available for certain RSA interests  

REGULATION 4A.20   GIVING EFFECT TO A REQUEST  

4A.20(1)    
This regulation applies if an RSA provider receives a request under this Division within the time allowed under regulation 4A.19 .

4A.20(2)    
The RSA provider must give effect to the request unless:

(a)    the RSA provider has received an earlier request under this Division in respect of the same interest and the earlier request has not been withdrawn; or

(b)    for a request under regulation 4A.16 - the RSA provider of the original interest is not permitted to open a new RSA for the non-member spouse or the request was not accompanied by an eligible application; or

(c)    for a request under regulation 4A.17 - the RSA provider, superannuation entity or EPSSS specified in the request does not accept the rollover or transfer of benefits for the non-member spouse.

4A.20(3)    

If paragraph (2)(b) or (c) applies in relation to a request, the RSA provider must:

(a)    roll over or transfer the transferable benefits to an RSA provided by another RSA provider, or another superannuation entity or EPSSS, 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 .

4A.20(4)    
(Repealed by FRLI No F2021L00412)