Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies if:
(a) the non‑member spouse has satisfied a relevant condition of release at the time of the splittable payment; or
(b) the splittable payment derives from an allocated pension or market linked pension.
(2) When the splittable payment becomes payable, the RSA provider of the RSA in which the original interest is held must:
(a) pay the amount to which the non‑member spouse is entitled to the non‑member spouse; or
(b) if the amount is not a pension and the non‑member spouse so requests:
(i) subject to subregulation (4), open a new RSA in the non‑member spouse's name and transfer the amount to the new RSA; or
(ii) roll over or transfer the amount to an RSA provided by another RSA provider, or to a regulated superannuation fund, an approved deposit fund or an EPSSS, nominated by the non‑member spouse, to be held for the benefit of the non‑member spouse.
(3) The RSA provider must comply with subregulation (2) within 90 days after the splittable payment becomes payable.
(4) An RSA provider must not open a new RSA for a non‑member spouse unless:
(a) the RSA provider has received an eligible application from the non‑member spouse to open a new RSA; and
(b) the RSA provider is otherwise permitted to open a new RSA for the non‑member spouse.
(5) If the RSA provider is unable to open a new RSA because of subregulation (4), the RSA provider must:
(a) if the non‑member spouse asks the RSA provider to pay the amount to which the non‑member spouse is entitled to the non‑member spouse -- pay the amount; or
(b) in any other case -- roll over or transfer the amount to:
(i) an RSA provided by another RSA provider, a regulated superannuation fund, approved deposit fund, or EPSSS nominated by the non‑member spouse; or
(ii) an eligible rollover fund.
(6) If a non‑member spouse makes a request under subparagraph (2) (b) (ii), and the RSA provider, regulated superannuation fund, approved deposit fund, or EPSSS does not accept the rollover or transfer, the RSA provider must:
(a) if the non‑member spouse asks the RSA provider to pay the amount to which the non‑member spouse is entitled to the non‑member spouse -- pay the amount; or
(b) in any other case -- roll over or transfer the amount to:
(i) an RSA provided by another RSA provider, a regulated superannuation fund, approved deposit fund, or EPSSS nominated by the non‑member spouse; or
(ii) an eligible rollover fund.