PART 2
-
INFORMATION FOR CERTAIN PARTIES
History
Part 2 heading substituted by SR No 21 of 2002, reg 3 and Sch 1 item 1, effective 11 March 2002. The heading formerly read:
PART 2
-
INFORMATION FOR MEMBERS AND OTHERS
Division 2.5A
-
Information about superannuation interest subject to payment split
History
Div 2.5A inserted by SR No 353 of 2001, reg 3 and Sch 1 item 27, effective 28 December 2002.
REGULATION 2.36D
OTHER INFORMATION TO BE PROVIDED BY TRUSTEE
2.36D(1)
[Application]
This regulation applies to an interest in a fund to which a transition period (within the meaning of section 1410 of the
Corporations Act 2001
) applies, if:
(a)
the interest is subject to a base amount payment split; and
(b)
the interest is not a percentage-only interest; and
(c)
the interest is in the growth phase; and
(d)
none of the following has occurred as a result of a payment split:
(i)
a new interest was created for the non-member spouse;
(ii)
the transferable benefits of the non-member spouse were transferred or rolled out of the fund;
(iii)
the amount to which the non-member spouse is entitled under the payment split was paid, as a lump sum, to the non-member spouse.
History
Reg 2.36D(1) amended by SR No 353 of 2002, reg 3 and Sch 1 items 18 to 20, by substituting all the words before para (a), substituting ``the interest'' for ``an interest in a fund'' in para (a) and substituting ``as a result of a payment split;'' for ``under Part 7A'' in para (d), effective 28 December 2002. The words before para (a) formerly read:
This regulation applies if:
2.36D(2)
[Information]
The trustee of the fund must give to the member spouse and the non-member spouse the following information for each reporting period:
(a)
the value of the adjusted base amount applicable to the non-member spouse at the end of the reporting period;
(b)
the amount of the adjustment in the reporting period;
(c)
the method used to calculate the adjustment, including the rate of return over the reporting period.
History
Reg 2.36D(2) amended by SR No 353 of 2002, reg 3 and Sch 1 item 21, by substituting para (c), effective 28 December 2002. Para (c) formerly read:
(c)
the method used to calculate the adjustment, including the applicable interest rate under regulation 48 of the
Family Law (Superannuation) Regulations 2001
.
2.36D(3)
[Timing]
The information required under subregulation (2):
(a)
must be given as soon as practicable after the end of the relevant reporting period; and
(b)
in the case of information that is to be given to the member spouse, must be given with the information required to be given to the member spouse under Subdivision 2.4.2 of the old Regulations.
History
Reg 2.36D(3) amended by SR No 353 of 2002, reg 3 and Sch 1 items 22 and 23, by substituting ``practicable'' for ``practicable, and in any event within 6 months;'' in para (a) and substituting para (b), effective 28 December 2002. Para (b) formerly read:
(b)
in the case of information that is to be given to the member spouse, may be given with the information required to be given to the member spouse under Subdivision 2.4.2.
2.36D(4)
[``reporting period'']
In this regulation:
reporting period
means a reporting period that applies under Subdivision 2.4.2 of the old Regulations.
Note:
A non-member may also be entitled to information under section 1017C of the
Corporations Act 2001
and Division 2.5.
History
Reg 2.36D(4) substituted for reg 2.36D(4), (5) and (6) by SR No 353, reg 3 and Sch 1 item 24, effective 28 December 2002. Reg 2.36D(4), (5) and (6) formerly read:
2.36D(4)
The trustee of the fund must give to the non-member spouse information about any event that may have an adverse effect on the benefits to which the non-member spouse may be entitled under the payment split.
2.36D(5)
The information required under subregulation (4) must be given before, or as soon as practicable after, the occurrence of the event.
2.36D(6)
In this regulation:
reporting period
means a reporting period that applies under Subdivision 2.4.2.
Note:
A non-member spouse may also be entitled to information on request under Division 2.6.
Reg 2.36D inserted by SR No 353 of 2001, reg 3 and Sch 1 item 27, effective 28 December 2002.
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