Document ID: chunk:federal_register_of_legislation:F2024C01224:front:0:p74
Version: federal_register_of_legislation:F2024C01224
Segment Type: other
Provision Reference: 
Character Range: 187964–190638

the amount to which the non‑member spouse is entitled under the payment split.

4A.19  Requirements for requests
 (1) A request by a non‑member spouse under this Division must be made:
 (a) before the end of 28 days after the RSA provider gives a payment split notice to the non‑member spouse; or
 (b) if the RSA provider allows a longer period, before the end of the longer period allowed.
 (2) The request must:
 (a) be made by written notice given to the RSA provider; and
 (b) for a request under regulation 4A.16, be accompanied by an eligible application made by the non‑member spouse.
 (3) The notice required by paragraph (2)(a) must:
 (a) be signed by the non‑member spouse; and
 (b) state the date when it is given to the RSA provider; and
 (c) state the non‑member spouse's name, date of birth and postal address.
 (4) The RSA provider may allow the request to be withdrawn.

4A.20  Giving effect to a request
 (1) This regulation applies if an RSA provider receives a request under this Division within the time allowed under regulation 4A.19.
 (2) The RSA provider must give effect to the request unless:
 (a) the RSA provider 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received an earlier request under this Division in respect of the same interest and the earlier request has not been withdrawn; or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 4A.16—the RSA provider of the original interest is not permitted to open a new RSA for the non‑member spouse or the request was not accompanied by an eligible application; or
 (c) for a request under regulation 4A.17—the RSA provider, superannuation entity or EPSSS specified in the request does not accept the rollover or transfer of benefits for the non‑member spouse.
 (3) If paragraph (2)(b) or (c) applies in relation to a request, the RSA provider must:
 (a) roll over or transfer the transferable benefits to an RSA provided by another RSA provider, or another superannuation entity or EPSSS, nominated by the non‑member spouse; or
 (b) 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 the amount of the transferable benefits to the Commissioner under section 22 of the Superannuation (Unclaimed Money and Lost Members) Act 1999.

4A.21  RSA provider options if no request received
 (1) If the RSA provider does not receive a request under regulation 4A.16, 4A.17 or 4A.18 within the time allowed under regulation 4A.19, the RSA provider may:
 (aa) open a new RSA for the non‑member spouse in the non‑member spouse's name; or
 (a) subject to subregulation (2), roll over or transfer the transferable benefits to an RSA provided by another RSA provider, or to a