Superannuation Industry (Supervision) Regulations 1994

PART 7A - SUPERANNUATION INTERESTS SUBJECT TO PAYMENT SPLIT  

Division 7A.3 - Splittable payments - payment standards for non-member spouse entitlements  

REGULATION 7A.16   PRESERVATION OF NON-MEMBER SPOUSE ENTITLEMENTS  

7A.16(1)   [Application]  

Subject to regulation 7A.17 , this regulation applies if:

(a) the non-member spouse has not satisfied a relevant condition of release at the time of the splittable payment; and

(b) the splittable payment does not derive from an allocated pension, market linked pension or account-based pension.

7A.16(2)   [Trustee ' s obligations]  

The trustee of the regulated superannuation fund or approved deposit fund in which the original interest is held must:

(a) allocate the amount to an interest that the trustee creates for the non-member spouse in the regulated superannuation fund or approved deposit fund; or

(b) roll over or transfer the amount to another regulated superannuation fund, an RSA, an approved deposit fund or an EPSSS, to be held for the benefit of the non-member spouse.

7A.16(2A)   [Trustee must preserve]  

The trustee must preserve the amount mentioned in subregulation (2).

7A.16(3)   [Lump sums]  

If the non-member spouse ' s entitlement under the payment split is to be paid as a lump sum, the trustee must allocate, roll over or transfer the lump sum within:

(a) 30 days after the splittable payment becomes payable; or

(b) any longer period allowed by the Regulator.

7A.16(4)   [Certain pensions]  

If the non-member spouse ' s entitlement derives from a pension being paid to the member spouse (other than a pension to which regulation 7A.17 applies, an allocated pension, market linked pension or account-based pension), the trustee must allocate, roll over or transfer the amounts to which the non-member spouse is entitled:

(a) if the governing rules of the fund provide for the frequency with which pension payments are to be made to the member spouse - in accordance with those rules; or

(b) in any other case - at least annually.

7A.16(5)   [Consent required]  

Subject to subregulation (6), the amount must not be allocated, rolled over or transferred unless the trustee of the transferor fund:

(a) has received, from the non-member spouse, consent to the allocation, rollover or transfer; or

(b) in the case of a rollover or transfer - believes, on reasonable grounds, that:

(i) the trustee of the receiving regulated superannuation fund, approved deposit fund or EPSSS; or

(ii) the receiving RSA provider;

has received from the non-member spouse consent to the rollover or transfer.

7A.16(6)   [If trustee believes no consent given]  

If the trustee of the transferor fund believes, on reasonable grounds and after making reasonable inquiries, that the non-member spouse has not given a consent mentioned in subregulation (5):

(a) the trustee must:

(i) allocate the amount to an interest that the trustee creates for the non-member spouse in the regulated superannuation fund or approved deposit fund; or

(ii) apply, under subsection 243(2) of the Act, for the issue to the non-member spouse of an interest in an eligible rollover fund that is a regulated superannuation fund; and

(b) if subparagraph (a)(ii) applies - the amount must be rolled over or transferred to that fund.

7A.16(7)   [Member spouse]  

The consent of the member spouse to a rollover or transfer under this regulation is not required.

7A.16(8)   [ " consent " ]  

In subregulation (5):

consent
means:

(a) written consent; or

(b) any other form of consent determined by the Regulator as sufficient in the circumstances.