FAMILY LAW (SUPERANNUATION) REGULATIONS 2001 - REG 14F New interest created or amount transferred or rolled over or paid, under SIS Regulations or RSA Regulations, in satisfaction of non - member spouse's entitlement

FAMILY LAW (SUPERANNUATION) REGULATIONS 2001 - REG 14F

  (1)   The requirements of this Division are satisfied in relation to a non - member spouse's entitlement under a particular superannuation agreement, flag lifting agreement or splitting order in respect of a superannuation interest that is not a percentage - only interest if the requirements of subregulation (2) or (3) are satisfied.

  (2)   The requirements of this subregulation are satisfied if the trustee of the relevant eligible superannuation plan has, under the payment split provisions of the SIS Regulations, done any of the following things:

  (a)   created a new interest in the plan for the non - member spouse;

  (b)   transferred or rolled over an amount equal to the value of the benefit that the non - member spouse would be required to have if a new interest had been created for the non - member spouse under the payment split provisions of the SIS Regulations;

  (c)   paid to the non - member spouse the amount to which he or she is entitled in respect of the superannuation interest at the time of the payment.

  (3)   The requirements of this subregulation are satisfied if the trustee of the relevant eligible superannuation plan has, under the payment split provisions of the RSA Regulations, done any of the following things:

  (a)   opened a new RSA for the non - member spouse;

  (b)   transferred or rolled over an amount equal to the value that the non - member spouse would be required to have if a new RSA had been opened for the non - member spouse under the payment split provisions of the RSA Regulations;

  (c)   paid to the non - member spouse an amount that is at least the amount to which the non - member spouse is entitled in respect of the superannuation interest at the time of the payment.

  (4)   In this regulation:

"payment split provisions of the RSA Regulations" means the provisions of the RSA Regulations (other than Division   4A.4) dealing with superannuation interests that are subject to a payment split.

"payment split provisions of the SIS Regulations" means the provisions of the SIS Regulations (other than Division   7A.3) dealing with superannuation interests that are subject to a payment split.