Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:4:p9
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 4 (pt 9/12)
Character Range: 1440797–1443591

if the payment is under a superannuation agreement or flag lifting agreement, whether the percentage is to apply for the purposes of subparagraph 90XJ(1)(b)(i) or 90YN(1)(b)(i) (as the case may be) of the Family Law Act 1975; and
 (iii) if the payment split is under a splitting order, whether the order is made under paragraph 90XT(1)(c) or 90YY(1)(c) (as the case may be) of the Family law Act 1975;
 (e) the circumstances in which the entitlement of the non‑member spouse will become payable;
 (g) information about the dispute resolution system that covers complaints by holders of the product and about how that system may be accessed;
 (h) details of any amounts payable by the non‑member spouse in respect of the payment split, and arrangements for the payment of any such amounts.
 (2) For paragraph 1017DA(2)(b) of the Act, the statement mentioned in subregulation (1) is to be provided by a regulated person when the regulated person gives a payment split notice to the non‑member spouse.

7.9.89  Statement content in relation to superannuation interest under Family Law Act: RSA
 (1) For subparagraphs 1017DA(1)(a)(ii) and (iii), and paragraph 1017DA(1)(b), of the Act, an RSA provider that is a product issuer must give to a non‑member spouse in relation to an RSA issued under a payment split a statement providing the following information:
 (a) the contact details for the product issuer;
 (b) if the payment split is a base amount payment split:
 (i) the base amount allocated to the non‑member spouse under the relevant superannuation agreement, flag lifting agreement or splitting order; and
 (ii) the method by which the base amount will be adjusted on an ongoing basis;
 (c) if the payment split is a percentage payment split, the percentage that is to apply to all splittable payments in respect of the interest;
 (d) the circumstances in which the entitlement of the non‑member spouse will become payable;
 (e) the options available under Part 4A of the RSA Regulations in relation to the non‑member spouse's entitlement in respect of the interest;
 (g) information about the dispute resolution system that covers complaints by holders of the product and about how that system may be accessed;
 (h) details of any amounts payable by the non‑member spouse in respect of the payment split, and arrangements for the payment of any such amounts.
 (2) For paragraph 1017DA(2)(b) of the Act, the statement mentioned in subregulation (1) is to be provided by a regulated person when the regulated person gives a payment split notice to the non‑member spouse.

7.9.90  Information for existing holders of superannuation products and RSAs in relation to superannuation interest
 (1) For paragraph 1020G(1)(c) of the Act, this regulation applies in relation to a non‑member spouse.