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, or an approved deposit fund, if:
(a) the original interest is subject to a payment split; and
(b) either:
(i) the original interest is an accumulation interest that is in the growth phase; or
(ii) an allocated pension, market linked pension or account-based pension is being paid in respect of the original interest.
7A.04(2)
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.
7A.04(3)
This Division does not apply to an original interest if the trustee has created a non-member spouse interest under regulation 7A.03B .
7A.04(4)
In this regulation:
partially vested accumulation interest
has the meaning given by regulation 9 of the
Family Law (Superannuation) Regulations 2001
.
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