Document ID: chunk:federal_register_of_legislation:F2025L00178:reg:4:p3
Version: federal_register_of_legislation:F2025L00178
Segment Type: reg
Provision Reference: reg 4 (pt 3/4)
Character Range: 30580–33258

interest in an eligible superannuation plan, means:
 (a) subject to paragraphs (b) and (c), the latest retirement age for the member specified in the governing rules of the plan; or
 (b) if the latest retirement age for the member specified in the governing rules of the plan is more than 65 years, or no retirement age is specified in the governing rules of the plan—65 years; or
 (c) if the Minister has, under section 52, approved a retirement age as the retirement age for members of the plan, or an identifiable class of members of the plan that includes the member—the approved age.
Note: Subsection 52(5) authorises the Minister to approve as the retirement age for members, or an identifiable class of members, who hold a defined benefit interest in an eligible superannuation plan, an age other than:
(a) the retirement age specified in the governing rules of the plan; or
(b) the age of 65 years.
net earnings, for a superannuation interest in a regulated superannuation fund, approved deposit fund or RSA to which the financial product disclosure provisions of the Corporations Regulations 2001 (being the provisions in Part 7.9 of those Regulations) apply, has the meaning given by regulation 7.9.01 of those Regulations.
partially vested accumulation interest has the meaning given by section 10.
payment phase for:
 (a) a superannuation interest (other than a small superannuation accounts interest) of a member spouse; or
 (b) a component of such an interest;
has the meaning given by section 9.
pension means a pension, within the meaning of section 10 of the SIS Act, payable from an eligible superannuation plan (other than an account within the meaning of the Small Superannuation Accounts Act 1995).
percentage‑only interest has the meaning given by section 11.
public sector superannuation scheme has the same meaning as in the SIS Act.
relevant condition of release has the meaning given by section 19.
relevant date, for the purposes of determining under Part 6 an amount for a superannuation interest that is subject to a payment split, means:
 (a) in relation to a payment split under a superannuation agreement or flag lifting agreement:
 (i) the date agreed on for that purpose by the parties to the agreement; or
 (ii) if no date is agreed on by the parties to the agreement and the agreement is dated—the date shown on the agreement; or
 (iii) if no date is agreed on by the parties to the agreement and the agreement is not dated—the date when a copy of the agreement is served on the trustee of the relevant eligible superannuation plan; and
 (b) in relation to a payment split under a splitting order—the date determined by the court.
Note: While