Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p14
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 14/71)
Character Range: 428035–430759

for the benefit of the non‑member spouse.

7A.03E  Request for lump sum payment
  If:
 (a) the non‑member spouse has satisfied a relevant condition of release; or
 (b) the original interest:
 (i) is an allocated pension, market linked pension or account‑based pension; or
 (ii) comprises only unrestricted non‑preserved benefits;
the non‑member spouse may request the trustee to pay the withdrawal benefit from the non‑member spouse interest to the non‑member spouse as a lump sum.

7A.03F  Requirements for requests
 (1) A request by a person under this Division must be made:
 (a) before the end of 28 days after the trustee gives a payment split notice to the person; or
 (b) if the trustee allows a longer period, before the end of the longer period allowed.
 (2) The request must be made by written notice given to the trustee.
 (3) The notice must:
 (a) be signed by the person making the request; and
 (b) state the date when it is given to the trustee; and
 (c) include the name, date of birth and postal address of the person making the request; and
 (d) for a request made by the member spouse, include a written nomination by the non‑member spouse of the regulated superannuation fund, approved deposit fund, EPSSS or RSA specified in the request.
 (4) The trustee may allow the request to be withdrawn.

7A.03G  Giving effect to a request
 (1) This regulation applies if a trustee receives a request under this Division within the time allowed under subregulation 7A.03F(1).
 (2) The trustee must give effect to the request unless:
 (a) the trustee has received an earlier request under this Division in respect of the same interest and the earlier request has not been withdrawn; or
 (b) for a request under regulation 7A.03C:
 (i) the regulated superannuation fund in which the non‑member spouse interest is held has no more than 6 members; or
 (ii) the governing rules of the regulated superannuation fund in which the non‑member spouse interest is held do not allow the non‑member spouse to retain an interest in the fund; or
 (c) for a request under regulation 7A.03D—the regulated superannuation fund, approved deposit fund, EPSSS or RSA specified in the request does not accept the rollover or transfer of benefits for the non‑member spouse.
 (3) If subparagraph (2)(b)(i) applies in relation to a request, the trustee must:
 (a) retain the new interest in accordance with the request; or
 (b) roll over or transfer the withdrawal benefit to another regulated superannuation fund, approved deposit fund, EPSSS or RSA nominated by the non‑member spouse; or
 (c) if there has been no such nomination by the non‑member spouse—consider whether it would be in the best interests of the non‑member spouse to pay