Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p19
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 19/71)
Character Range: 440707–443406

release at the operative time for the payment split; or
 (b) if an allocated pension, market linked pension or account‑based pension is being paid in respect of the original interest; or
 (c) if 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 trustee to pay to the non‑member spouse, as a lump sum, the amount to which the non‑member spouse is entitled under the payment split.

7A.08  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) for a request by the non‑member spouse, include his or her name, date of birth and postal address; and
 (d) for a request 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 (4) The trustee may allow the request to be withdrawn.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.09  Giving effect to request
 (1) This regulation applies if a trustee receives a request under this Division within the time allowed under regulation 7A.08.
 (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received an earlier request under this Division in respect of the same interest and the earlier request has not been withdrawn; or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.05:
 (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 or approved deposit fund in which the original interest is held do not allow a new interest to be created for the non‑member spouse in the fund; or
 (c) for a request under regulation 7A.06—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) create the new interest in accordance with the request; or
 (b) roll over or transfer the transferable benefits 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