Superannuation Industry (Supervision) Regulations 1994
View history note
Hide history noteThis Division applies in relation to a superannuation interest (the original interest ) in a regulated superannuation fund, if:
(a) the original interest is subject to a payment split; and
(b) an allocated pension, market linked pension or account-based pension is being paid in respect of the original interest; and
(c) the trustee:
(i) has not received a request under regulation 7A.05 , 7A.06 or 7A.07 ; and
(ii) has not taken an action under regulation 7A.10 in relation to the original interest.
7A.03A(2)
Subject to subregulation (3), this Division also applies in relation to a superannuation interest (the original interest ) in a regulated superannuation fund, if:
(a) the original interest is subject to a payment split; and
(b) the original interest is an accumulation interest in the growth phase; and
(c) the trustee:
(i) has not received a request under regulation 7A.05 , 7A.06 or 7A.07 ; and
(ii) has not taken an action under regulation 7A.10 in relation to the original interest.
7A.03A(3)
This Division does not apply to an accumulation interest:
(a) if:
(i) the interest is a partially vested accumulation interest; and
(ii) the transferable benefits in relation to the accumulation interest would be greater than the withdrawal benefit in relation to the member spouse; or
(b) if the interest is determined by reference to a traditional life insurance policy.
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