Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p13
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 13/71)
Character Range: 425487–428294

the new interest is created.
 (5) The value of the benefits that the member spouse has in his or her interest must be reduced by the sum of:
 (a) the value of the benefits that the non‑member spouse has in the new interest; and
 (b) the amount of any fees payable by the non‑member spouse in respect of the payment split.
 (6) In creating the new interest:
 (a) a proportion must be taken from the unrestricted non‑preserved benefits, the restricted non‑preserved benefits and the preserved benefits of the member spouse; and
 (b) the proportion taken from each category of benefits must be the same as the category bears to the member spouse's interest immediately before the new interest was created.
 (6A) The benefits held in the non‑member spouse interest are:
 (a) if the original interest is in the growth phase—unrestricted non‑preserved benefits, restricted non‑preserved benefits or preserved benefits in accordance with the character that they had in the member spouse's interest; and
 (b) if the original interest is an allocated pension, market linked pension or account‑based pension—unrestricted non‑preserved benefits.
 (7) At the time that the payment split notice is given or, if a payment split notice is not required, within 28 days after the later of:
 (a) the operative time; and
 (b) the time when the trustee creates the non‑member interest;
the trustee must give to the member spouse and the non‑member spouse a written notice stating:
 (c) that the new interest has been created; and
 (d) that the value of the original interest has been reduced; and
 (e) the amount of the non‑member spouse interest.

7A.03C  Request to retain a non‑member spouse interest
  The non‑member spouse may request the trustee to retain in the regulated superannuation fund the non‑member spouse's benefits in the non‑member spouse interest.

7A.03D  Request to roll over or transfer benefits
 (1) The non‑member spouse may request the trustee to roll over or transfer the withdrawal benefit from the non‑member spouse interest to another regulated superannuation fund, or to an approved deposit fund, EPSSS or RSA, specified in the request, to be held for the benefit of the non‑member spouse.
 (2) If the original interest is in a self‑managed superannuation fund, the non‑member spouse or the member spouse may request the trustee to roll over or transfer the withdrawal benefit from the non‑member spouse interest to another regulated superannuation fund, or to an approved deposit fund, EPSSS or RSA, specified in the request, to be held for the benefit of the non‑member spouse.

7A.03E  Request for lump sum payment
  If:
 (a) the non‑member spouse has satisfied a relevant condition of release; or
 (b) the original interest:
 (i) is an allocated pension, market linked pension or account‑based