SUPERANNUATION INDUSTRY (SUPERVISION) REGULATIONS 1994 - REG 7A.09 Giving effect to request
SUPERANNUATION INDUSTRY (SUPERVISION) REGULATIONS 1994 - REG 7A.09
Giving effect to request(1) This regulation applies if a trustee receives a request under this Division within the time allowed under regulation 7A.08.
(2) The trustee must give effect to the request unless:
(a) the trustee 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received an earlier request under this Division in respect of the same interest and the earlier request has not been withdrawn; or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 7A.05:
(i) the regulated superannuation fund in which the non - member spouse interest is held has no more than 6 members; or
(ii) the governing rules of the regulated superannuation fund or approved deposit fund in which the original interest is held do not allow a new interest to be created for the non - member spouse in the fund; or
(c) for a request under regulation 7A.06--the regulated superannuation fund, approved deposit fund, EPSSS or RSA specified in the request does not accept the rollover or transfer of benefits for the non - member spouse.
(3) If subparagraph (2)(b)(i) applies in relation to a request, the trustee must:
(a) create the new interest in accordance with the request; or
(b) roll over or transfer the transferable benefits to another regulated superannuation fund, approved deposit fund, EPSSS or RSA nominated by the non - member spouse; or
(c) 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 transferable benefits to the Commissioner under section 22 of the Superannuation (Unclaimed Money and Lost Members) Act 1999 .
(3A) If subparagraph (2)(b)(ii), or paragraph (2)(c), applies in relation to a request, the trustee must:
(a) roll over or transfer the transferable benefits to another regulated superannuation fund, approved deposit fund, EPSSS or RSA 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 transferable benefits to the Commissioner
under section 22 of the
Superannuation (Unclaimed Money and Lost Members) Act 1999 .