Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p27
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 27/71)
Character Range: 460436–463156

interest has not been created for the non‑member spouse, or the transferable benefits of the non‑member spouse have not been transferred or rolled out of the fund, as a result of a payment split.
 (2) However, if an amount under the Act would be a superannuation death benefit (within the meaning of subsection 995‑1(1) of the 1997 Tax Act) if it were paid to the non‑member spouse, a requirement in this Division:
 (a) to pay the amount; or
 (b) to roll over or transfer the amount to another regulated superannuation fund, an RSA, an approved deposit fund or an EPSSS, to be held for the benefit of the non‑member spouse; or
 (c) to allocate the amount to an interest that the trustee creates for the non‑member spouse in the regulated superannuation fund or approved deposit fund;
is taken to be a requirement to pay the amount to the non‑member spouse in cash.

7A.16  Preservation of non‑member spouse entitlements
 (1) Subject to regulation 7A.17, this regulation applies if:
 (a) the non‑member spouse has not satisfied a relevant condition of release at the time of the splittable payment; and
 (b) the splittable payment does not derive from an allocated pension, market linked pension or account‑based pension.
 (2) The trustee of the regulated superannuation fund or approved deposit fund in which the original interest is held must:
 (a) allocate the amount to an interest that the trustee creates for the non‑member spouse in the regulated superannuation fund or approved deposit fund; or
 (b) roll over or transfer the amount to another regulated superannuation fund, an RSA, an approved deposit fund or an EPSSS, to be held for the benefit of the non‑member spouse.
 (2A) The trustee must preserve the amount mentioned in subregulation (2).
 (3) If the non‑member spouse's entitlement under the payment split is to be paid as a lump sum, the trustee must allocate, roll over or transfer the lump sum within:
 (a) 30 days after the splittable payment becomes payable; or
 (b) any longer period allowed by the Regulator.
 (4) If the non‑member spouse's entitlement derives from a pension being paid to the member spouse (other than a pension to which regulation 7A.17 applies, an allocated pension, market linked pension or account‑based pension), the trustee must allocate, roll over or transfer the amounts to which the non‑member spouse is entitled:
 (a) if the governing rules of the fund provide for the frequency with which pension payments are to be made to the member spouse—in accordance with those rules; or
 (b) in any other case—at least annually.
 (5) Subject to subregulation (6), the amount must not be allocated, rolled over or transferred unless the trustee of the transferor fund:
 (a) has