Superannuation Industry (Supervision) Regulations 1994

This regulation applies:

if a non‑member spouse has satisfied a relevant condition of release at the operative time for the payment split; or

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

if the non‑member spouse’s interest derives from an original interest that comprises only unrestricted non‑preserved benefits.

The non‑member spouse may request the trustee to pay to the non‑member spouse, as a lump sum, the amount to which the non‑member spouse is entitled under the payment split.