Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p45
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 45/52)
Character Range: 180616–183317

and arrangements for the payment of any such fee.
 (2) The information must be given when the trustee gives the payment split notice to the non‑member spouse.
Note: See regulation 7A.03 for the payment split notice requirements.

2.36E  Other information to be given by trustee—adverse effects on benefits
 (1) This regulation applies if:
 (a) an interest in a fund is subject to a base amount payment split or a percentage payment split; and
 (b) the interest is not a percentage‑only interest; and
 (c) the interest is in the growth phase; and
 (d) none of the following has occurred in respect of a payment split:
 (i) a new interest was created for the non‑member spouse;
 (ii) the transferable benefits of the non‑member spouse were transferred or rolled out of the fund;
 (iii) the amount to which the non‑member spouse is entitled under the payment split was paid, as a lump sum, to the non‑member spouse.
 (2) The trustee of the fund must give to the non‑member spouse information about an event if the trustee reasonably believes that:
 (a) the event is likely to have a material effect on the interest in the fund; and
 (b) the effect may be adverse (whether the adverse effect would occur at the time of the event or a later time).
 (2A) If:
 (a) the member spouse lodges a notice, or makes a request of a trustee, which would bind the trustee to pay death benefits to a particular beneficiary or beneficiaries; and
 (b) a payment made in accordance with the notice or request would not be a splittable payment because of the identity or characteristics of that beneficiary or those beneficiaries;
the trustee must inform the non‑member spouse that the member spouse has lodged the notice or made the request.
 (3) The information required under subregulation (2) or (2A) must be given before, or as soon as practicable after, the occurrence of the event.

Part 3—Matters prescribed or specified in relation to public offer entities

3.01  Public offer superannuation fund—member of a prescribed class
  For the purposes of sub‑subparagraph 18(1)(a)(ii)(B) of the Act, a prescribed class is a class of persons, each of whom is:
 (a) a former standard employer‑sponsored member of the fund concerned who, since ceasing to be a standard employer‑sponsored member of the fund, has remained a member of the fund at all times; or
 (b) a spouse, or former spouse, of a standard employer‑sponsored member of the fund concerned in relation to whom the fund has accepted eligible spouse contributions from the standard employer‑sponsored member; or
 (c) both:
 (i) a spouse, or former spouse, of a person who is a former standard employer‑sponsored member (the other person) of the fund concerned;