Superannuation Industry (Supervision) Regulations 1994

PART 7A - SUPERANNUATION INTERESTS SUBJECT TO PAYMENT SPLIT  

Division 7A.4 - Superannuation interest split under the Family Law (Superannuation) Regulations 2001  

REGULATION 7A.21   ROLLING OVER OR TRANSFERRING BENEFITS  

7A.21(1)   [Application]  

This regulation applies if the trustee rolls over or transfers to another superannuation fund or RSA an amount to be held for the benefit of the non-member spouse.

7A.21(2)   [Proportions preserved]  

In rolling over or transferring the transferable benefits:

(a) a proportion must be taken from the unrestricted non-preserved benefits, the restricted non-preserved benefits and the preserved benefits of the member spouse; and

(b) the proportion taken from each category of benefits must be the same as the category bears to the member spouse's interest immediately before the amount was rolled over or transferred.

7A.21(3)   [Character of benefits preserved]  

The benefits held in the new interest are unrestricted non-preserved benefits, restricted non-preserved benefits or preserved benefits in accordance with the character that the benefits had in the member spouse's interest.