FAMILY LAW (SUPERANNUATION) REGULATIONS 2001 - REG 68A Information about certain superannuation interests in relation to which an agreement or splitting order applies (Act s 90XZB, s 90YZR)

FAMILY LAW (SUPERANNUATION) REGULATIONS 2001 - REG 68A

  (1)   This regulation applies in relation to a superannuation interest of a member of an eligible superannuation plan if subregulation (2) or (3) applies to the interest.

  (2)   This subregulation applies to a superannuation interest of a member of an eligible superannuation plan if:

  (a)   the interest is identified in a superannuation agreement or flag lifting agreement; and

  (b)   the agreement specifies, under subparagraph   90XJ(1)(c)(i) or 90YN(1)(c)(i) of the Act, an amount as a base amount or, under subparagraph   90XJ(1)(c)(ii) or 90YN(1)(c)(ii) of the Act, a method by which such a base amount can be calculated; and

  (c)   the agreement has been served on the trustee of the plan in accordance with section   90XI or 90YM of the Act; and

  (d)   the agreement does not relate to an earlier marriage or   de   facto   relationship of the member spouse; and

  (e)   the agreement has not been terminated or set aside.

  (3)   This subregulation applies to a superannuation interest of a member of an eligible superannuation plan if:

  (a)   a splitting order in relation to the interest has been made under paragraph   90XT(1)(a) or 90YY(1)(a) of the Act; and

  (b)   the order does not relate to an earlier marriage or   de   facto   relationship of the member spouse; and

  (c)   the order has not been set aside.

  (4)   For subsections   90XZB(3) and 90YZR(3) of the Act, if an application is made under section   90XZB or 90YZR of the Act to the trustee of the plan by a person (the applicant ) who is entitled to be paid an amount whenever a splittable payment becomes payable in respect of the interest, the information about the interest that must be provided to the applicant by the trustee is the applicable commutation factor, at the date when the application for information is received by the trustee and at the next 2 anniversaries of that date, for converting any pension benefit payable in respect of the interest to a lump sum.