Retirement Savings Accounts Regulations 1997

PART 4 - PAYMENT STANDARDS  

Division 4.4A - Compulsory rollover and transfer of benefits in RSAs  

REGULATION 4.35F   TRANSFERRING ENTITY MAY REQUEST INFORMATION IF NOT PROVIDED  

4.35F(1)    
Subregulation (2) applies if:

(a) an RSA provider of an RSA receives:

(i) a request to roll over or transfer an RSA holder ' s withdrawal benefit in the RSA to a regulated superannuation fund, an EPSSS, an approved deposit fund or an RSA provided by another RSA provider; or

(ii) the information mentioned in subregulation 4.35D(2) from a receiving entity; and

(b) the request is to roll over or transfer the whole of the RSA holder ' s withdrawal benefit; and

(c) the RSA provider requires further information in order to process the request; and

(d) one of the following applies:

(i) for a request to roll over or transfer to a self managed superannuation fund - the further information is mandatory information in the Schedule 2B request form;

(ii) in any other case - the further information is mandatory information in the Schedule 2A request form.

Note 1:

The Schedule 2A or 2B request form referred to in paragraph (d) may be the request form set out in Schedule 2A or 2B to the SIS Regulations, rather than the modified version of the form established by regulation 4.35B .

Note 2:

If a request does not include all of the mandatory information set out in the Schedule 2A or 2B request form (whether or not the request is made using the form), the RSA provider may still roll over or transfer the amount without asking for the rest of the mandatory information.

4.35F(2)    
The RSA provider must ask the RSA holder for the mandatory information no later than 5 business days after receiving the request.

4.35F(3)    
If:

(a) an RSA provider of an RSA receives:

(i) a request to roll over or transfer an RSA holder ' s withdrawal benefit in the RSA to a regulated superannuation fund, an EPSSS, an approved deposit fund or an RSA provided by another RSA provider; or

(ii) the information mentioned in subregulation 4.35D(2) from a receiving entity; and

(b) the request is to roll over or transfer part of the RSA holder ' s withdrawal benefit; and

(c) the RSA provider requires further information that is necessary to process the request;

the RSA provider must ask the RSA holder for the information no later than 5 business days after receiving the request.

4.35F(4)    
If the RSA provider does not receive the information requested in subregulation (2) or (3) no later than 10 business days after making the request, the RSA provider must make reasonable further inquiries of the RSA holder to obtain the information.