Superannuation Industry (Supervision) Regulations 1994

This Division applies in relation to a superannuation interest (the original interest) in a regulated superannuation fund, or an approved deposit fund, if:

the original interest is subject to a payment split; and

either:

the original interest is an accumulation interest that is in the growth phase; or

an allocated pension, market linked pension or account‑based pension is being paid in respect of the original interest.

This Division does not apply to an accumulation interest:

if:

the interest is a partially vested accumulation interest; and

the transferable benefits in relation to the accumulation interest would be greater than the withdrawal benefit in relation to the member spouse; or

if the interest is determined by reference to a traditional life insurance policy.

This Division does not apply to an original interest if the trustee has created a non‑member spouse interest under regulation 7A.03B.

In this regulation: