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

Schedule 1   Amendments

Superannuation Industry (Supervision) Regulations 1994

48   Paragraph 7A.17(5)(b)

Repeal the paragraph, substitute:

(b) if the trustee does not give effect to the request and the non-member spouse asks the trustee to pay the amount to which the non-member spouse is entitled to the non-member spouse - the trustee must pay the amount to the non-member spouse; or

(c) if the trustee does not give effect to the request and paragraph (b) of this subregulation does not apply - the trustee must:

(i) roll over or transfer the amount to which the non-member spouse is entitled to another regulated superannuation fund, approved deposit fund, EPSSS or RSA nominated by the non-member spouse; or

(ii) 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 to which the non-member spouse is entitled to the Commissioner under section 22 of the Superannuation (Unclaimed Money and Lost Members) Act 1999.