Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:4:p8
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 4 (pt 8/12)
Character Range: 1438192–1441036

person gives a payment split notice to the non‑member spouse.
 (3) If paragraph 1012F(b), as modified in accordance with subregulation (2), applies in relation to a superannuation interest, regulation 7.9.04 does not apply in relation to the interest and the non‑member spouse.
 (4) For paragraph 1020G(1)(a) of the Act, if the governing rules of a superannuation entity do not provide for a non‑member spouse to become a member of a superannuation fund in relation to the superannuation entity, section 1012B is modified by adding, after subsection 1012B(1):
 '(1A) This section does not apply in relation to:
 (a) a superannuation interest; and
 (b) the non‑member spouse who acquires the superannuation interest;
  if the governing rules of a superannuation entity do not provide for a non‑member spouse to become a member of a superannuation fund in relation to the superannuation entity.'.

7.9.88  Statement content in relation to superannuation interest under Family Law Act: superannuation fund
 (1) For subparagraphs 1017DA(1)(a)(ii) and (iii), and paragraph 1017DA(1)(b), of the Act, a trustee of a superannuation entity that is a product issuer must give to a non‑member spouse in relation to a superannuation product issued under a payment split a statement providing the following information:
 (a) the contact details for the product issuer;
 (b) if the interest is not a percentage‑only interest and the payment split is a base amount payment split:
 (i) the base amount allocated to the non‑member spouse under the relevant agreement, flag lifting agreement or splitting order; and
 (ii) the method by which the base amount will be adjusted on an ongoing basis; and
 (iii) whether the governing rules of the fund would allow the non‑member spouse to become a member of the superannuation entity; and
 (iv) information about the options available to the non‑member spouse in relation to the interest under Part 7A of the SIS Regulations;
 (c) if the interest is not a percentage‑only interest and the payment split is a percentage payment split:
 (i) the percentage that is to apply to all splittable payments in respect of the interest; and
 (ii) whether the governing rules of the fund would allow the non‑member spouse to become a member of the superannuation entity; and
 (iii) information about the options available to the non‑member spouse in relation to the interest under Part 7A of the SIS Regulations;
 (d) if the interest is a percentage‑only interest:
 (i) the percentage specified in the relevant superannuation agreement, flag lifting agreement or splitting order; and
 (ii) 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