Document ID: chunk:federal_register_of_legislation:F2025L00178:reg:16:p2
Version: federal_register_of_legislation:F2025L00178
Segment Type: reg
Provision Reference: reg 16 (pt 2/2)
Character Range: 61884–63890

of employment, have been reduced because of ill health;
 (g) if the superannuation interest is in the superannuation scheme continued in existence by the Superannuation (State Public Sector) Act 1990 (Qld)—a pension payment to the member spouse that is:
 (i) an income protection benefit paid under section 50 of the Participation Schedule; or
 (ii) an incapacity benefit to which the member spouse is entitled under paragraph 136(b) of the Participation Schedule; or
 (iii) an incapacity pension to which the member spouse is entitled under paragraph 199(b) of the Participation Schedule;
Note: In 2025, the scheme continued in existence by the Superannuation (State Public Sector) Act 1990 (Qld) was known as the Australian Retirement Trust.
 (h) if the superannuation interest is in an account (within the meaning of the Small Superannuation Accounts Act 1995)—a payment to the member spouse from the account, if:
 (i) in accordance with a superannuation agreement, flag lifting agreement or splitting order that has been served on the trustee of the account, the trustee has opened a separate account under the Small Superannuation Accounts Act 1995 for the non‑member spouse, and has transferred an amount from the member spouse's account to that separate account; and
 (ii) but for the operation of this paragraph, the non‑member spouse would have been entitled to be paid an amount in respect of the payment.
 (3) In this section:
Government Division Rules means the Division Rules:
 (a) within the meaning of the trust deed, as existing on 1 April 2025, that governs the scheme continued in existence under section 5 of the Superannuation (State Public Sector) Act 1990 (Qld); and
 (b) as in force on 1 April 2025;
that relate to the Government Division referred to in clause 2.1 of that deed.
Participation Schedule means the part of the Government Division Rules known as the Participation Schedule.
severe financial hardship has the meaning given by subregulation 6.01(5) of the SIS Regulations.