Document ID: chunk:federal_register_of_legislation:F2025L00178:reg:23:p1
Version: federal_register_of_legislation:F2025L00178
Segment Type: reg
Provision Reference: reg 23 (pt 1/2)
Character Range: 73699–76482

23  Main circumstances when this Subdivision applies

Not a defined benefit interest in a SMSF—trustee creates new interest, or transfers or rolls over an amount, with a value at least as much as the non‑member spouse's entitlement
 (1) This section applies for the superannuation interest if:
 (a) the interest is not a defined benefit interest in a self managed superannuation fund; and
 (b) the trustee of the relevant eligible superannuation plan has, in respect of the non‑member spouse's entitlement under the agreement or order and under the governing rules of the plan, done either of the following things:
 (i) created a new interest in the plan for the non‑member spouse with a value of at least the value of the non‑member spouse's entitlement for the superannuation interest at the time the new interest is created;
 (ii) transferred or rolled over to another superannuation fund or an RSA an amount, to be held for the benefit of the non‑member spouse, with a value of at least the value of the non‑member spouse's entitlement for the superannuation interest at the time the amount is transferred or rolled over.

Defined benefit interest in a SMSF—trustee transfers or rolls over an amount, with a value at least as much as the non‑member spouse's entitlement
 (2) This section applies for the superannuation interest if:
 (a) the interest is a defined benefit interest in a self managed superannuation fund; and
 (b) the trustee of the relevant eligible superannuation plan has, in respect of the non‑member spouse's entitlement under the agreement or order and under the governing rules of the plan, transferred or rolled over to another superannuation fund or an RSA an amount:
 (i) to be held for the benefit of the non‑member spouse; and
 (ii) with a value of at least the value of the non‑member spouse's entitlement for the superannuation interest at the time the amount is transferred or rolled over.

Non‑member spouse satisfies relevant condition of release and trustee pays that spouse an amount equal to the non‑member spouse's entitlement
 (3) This section applies for the superannuation interest if:
 (a) the interest is in a regulated superannuation fund, an exempt public sector superannuation scheme or an approved deposit fund; and
 (b) the non‑member spouse has satisfied a relevant condition of release in relation to the interest; and
 (c) the trustee of the relevant eligible superannuation plan has, in respect of the non‑member spouse's entitlement under the agreement or order, paid to the non‑member spouse an amount equal to the value of the non‑member spouse's entitlement for the superannuation interest at the time of the payment.

Member spouse being paid a pension and trustee pays the non‑member spouse an amount equal to the non‑member