Retirement Savings Accounts Amendment Regulations 2004 (No. 3) (197 of 2004)

Schedule 1   Amendments

[30]   Regulation 4A.25

insert

(2) However, if an amount under the Act would be a death benefit ETP under the Income Tax Assessment Act 1936 if it were paid to the non-member spouse, a requirement in this Division:

(a) to pay the amount; or

(b) to 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; or

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

is taken to be a requirement to pay the amount to the non-member spouse in cash.