Document ID: chunk:federal_register_of_legislation:F2024C01224:front:0:p73
Version: federal_register_of_legislation:F2024C01224
Segment Type: other
Provision Reference: 
Character Range: 185515–188193

by the Regulator.
 (3) The RSA provider must give to the non‑member spouse, within 28 days after the lump sum is paid, a written notice stating:
 (a) that the lump sum has been paid; and
 (b) the amount that was paid.

Division 4A.3—Options available for certain RSA interests

4A.15  Application of Division 4A.3
 (1) This Division applies if:
 (a) an RSA interest (the original interest) is subject to a payment split; and
 (b) either:
 (i) the original interest is in the growth phase; or
 (ii) an allocated pension, market linked pension or account based pension is being paid in respect of the original interest.
 (2) This Division does not apply to an original interest if the RSA provider has created a non‑member spouse interest under regulation 4A.05.
 (3) This Division does not apply to an RSA interest that is determined by reference to a policy of life insurance mentioned in regulation 3.11.

4A.16  Request to open new RSA
  If the RSA provider is an RSA institution, the non‑member spouse may request the RSA provider to open a new RSA for the non‑member spouse in the non‑member spouse's name.
Note: For requirements about financial product disclosure that may apply in relation to a request for an RSA provider to open a new RSA, see:
(a) Division 2.2 of the old Regulations for an interest to which a transition period (within the meaning of section 1440 of the Corporations Act 2001) applies; and
(b) Part 7.9 of the Corporations Act 2001 for an interest to which a transition period (within the meaning of section 1440 of the Corporations Act 2001) does not apply.

4A.17  Request for transfer of benefits
  The non‑member spouse may request the RSA provider to roll over or transfer the transferable benefits 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.18  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 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