Document ID: chunk:federal_register_of_legislation:F2024C01224:front:0:p69
Version: federal_register_of_legislation:F2024C01224
Segment Type: other
Provision Reference: 
Character Range: 175538–178238

the growth phase—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; and
 (b) if the original interest is an allocated pension, market linked pension or account based pension—unrestricted non‑preserved benefits.
 (7) The new RSA is taken to be opened on the day when the RSA provider opens the new RSA.
 (8) At the time that the payment split notice is given or, if a payment split notice is not required, within 28 days after the later of:
 (a) the operative time; and
 (b) the time when the RSA provider creates the non‑member spouse interest;
the RSA provider must give to the member spouse and the non‑member spouse a written notice stating:
 (c) that the new interest has been created; and
 (d) that the value of the original interest has been reduced; and
 (e) the amount of the non‑member spouse interest.

4A.06  Request to retain a non‑member spouse interest
  The non‑member spouse may request the RSA provider to retain in the new RSA the non‑member spouse's benefits in the non‑member spouse interest.

4A.07  Request to roll over or transfer benefits
  The non‑member spouse may request the RSA provider to roll over or transfer the withdrawal benefit from the non‑member spouse interest to an RSA provided by another RSA provider, or to a superannuation entity or an EPSSS, specified in the request, to be held for the benefit of the non‑member spouse.

4A.08  Request for lump sum payment
 (1) This regulation applies if:
 (a) the non‑member spouse has satisfied a relevant condition of release at the operative time for the payment split; or
 (b) an allocated pension, market linked pension or account based pension is being paid in respect of the original interest; or
 (c) the non‑member spouse's interest derives from an original interest that comprises only unrestricted non‑preserved benefits.
 (2) The non‑member spouse may request the RSA provider to pay to the non‑member spouse, as a lump sum, the withdrawal benefit from the non‑member spouse interest.

4A.09  Requirements for requests
 (1) A request by a person under this Division must be made:
 (a) before the end of 28 days after the RSA provider gives the payment split notice to the person; or
 (b) if the RSA provider allows a longer period, before the end of the longer period allowed.
 (2) The request must be made by a written notice given to the RSA provider.
 (3) The notice must:
 (a) be signed by the person making the request; and
 (b) state the date when it is given to the RSA provider; and
 (c) include the name, date of birth and postal address of the person making the request.
 (4)