Retirement Savings Accounts Regulations 1997

PART 4A - RSA INTERESTS SUBJECT TO PAYMENT SPLIT  

Division 4A.2 - Options available for interests  

REGULATION 4A.10   GIVING EFFECT TO A REQUEST  

4A.10(1)    
This regulation applies if an RSA provider receives a request under this Division within the time allowed under regulation 4A.09 .

4A.10(2)    
The RSA provider must give effect to the request unless:

(a)    the RSA provider has received an earlier request under this Division in respect of the same interest and the earlier request has not been withdrawn; or

(b)    for a request under regulation 4A.06 - the RSA provider of the original interest is not permitted to retain the interest in an RSA for the non-member spouse; or

(c)    for a request under regulation 4A.07 - the RSA provider, superannuation entity or EPSSS specified in the request does not accept the rollover or transfer of benefits for the non-member spouse.

4A.10(3)    


If paragraph (2)(b) or (c) applies, the RSA provider must:

(a)    roll over or transfer the amount to an RSA provided by another RSA provider, or to another superannuation entity or an EPSSS, nominated by the non-member spouse; or

(b)    if there has been no such nomination by the non-member spouse - consider whether it would be in the best interests of the non-member spouse to pay the amount of the withdrawal benefits to the Commissioner under section 22 of the Superannuation (Unclaimed Money and Lost Members) Act 1999 .


4A.10(4)    
(Repealed by FRLI No F2021L00412)



 

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