Document ID: chunk:federal_register_of_legislation:C2004C01280:clause:1_90mz
Version: federal_register_of_legislation:C2004C01280
Segment Type: clause
Provision Reference: sch 1 cl 90MZ
Character Range: 30421–31624

90MZ  Superannuation preservation requirements

 (1) If the eligible superannuation plan for a payment split is a regulated superannuation fund or approved deposit fund, then the entitlement of the non‑member spouse is subject to any regulations made under the SIS Act that provide for payment of that entitlement to a regulated superannuation fund or RSA for the benefit of the non‑member spouse.

 (2) If the eligible superannuation plan for a payment split is an RSA, then the entitlement of the non‑member spouse is subject to any regulations made under the Retirement Savings Accounts Act 1997 that provide for payment of that entitlement to a regulated superannuation fund or RSA for the benefit of the non‑member spouse.

 (3) If the eligible superannuation plan for a payment split is a constitutionally protected fund within the meaning of section 267 of the Income Tax Assessment Act 1936 or an exempt public sector superannuation scheme within the meaning of the SIS Act, then the entitlement of the non‑member spouse is subject to any law or other instrument that provides for payment of that entitlement to a regulated superannuation fund or RSA for the benefit of the non‑member spouse.