Superannuation Industry (Supervision) Regulations 1994

This regulation applies if the trustee creates a new interest in the fund for the non‑member spouse.

In creating the new interest:

a proportion must be taken from the unrestricted non‑preserved benefits, the restricted non‑preserved benefits and the preserved benefits of the member spouse; and

the proportion taken from each category of benefits must be the same as the category bears to the member spouse’s interest immediately before the interest was created.

The benefits held in the new interest are unrestricted non‑preserved benefits, restricted non‑preserved benefits or preserved benefits in accordance with the character that they had in the member spouse’s interest.