Superannuation Industry (Supervision) Regulations 1994

This Division applies if:

an interest (the original interest) in a regulated superannuation fund or approved deposit fund is subject to a payment split; and

the non‑member spouse is entitled to be paid an amount from the original interest because a splittable payment in respect of the interest has become payable; and

a new interest has not been created for the non‑member spouse, or the transferable benefits of the non‑member spouse have not been transferred or rolled out of the fund, as a result of a payment split.

However, if an amount under the Act would be a superannuation death benefit (within the meaning of subsection 995‑1(1) of the 1997 Tax Act) if it were paid to the non‑member spouse, a requirement in this Division:

to pay the amount; or

to roll over or transfer the amount to another regulated superannuation fund, an RSA, an approved deposit fund or an EPSSS, to be held for the benefit of the non‑member spouse; or

to allocate the amount to an interest that the trustee creates for the non‑member spouse in the regulated superannuation fund or approved deposit fund;