66Information about certain percentage‑only interests (Act s 90XZB, s 90YZR)

#### 66 Information about certain percentage‑only interests (Act s 90XZB, s 90YZR) (1) This regulation applies in relation to a superannuation interest of a member of an eligible superannuation plan if: (a) the interest is a percentage‑only interest; and (b) the interest is not an interest in a self managed superannuation fund; and (c) regulation 68A does not apply in relation to the interest. (2) For subsections 90XZB(3) and 90YZR(3) of the Act and subject to subregulation (6), the information about the superannuation interest that must be provided to an applicant by the trustee of the plan is as follows: (aa) if the interest is an unsplittable interest, a statement to that effect; (a) a statement indicating whether the interest is subject to a payment split or payment flag and, if the interest is subject to a payment split (other than under a superannuation agreement, flag lifting agreement or splitting order in relation to which the non‑member spouse’s entitlement has been satisfied as required by Division 2.2), the information mentioned in subregulation (5); (b) the date of commencement of the member’s service period, within the meaning of subsection 995‑1(1) of the Income Tax Assessment Act 1997; (c) the date when the member first became a member of the plan; (d) if the interest was in the payment phase at the appropriate date and the member is receiving ongoing pension payments—the payment phase information in relation to the interest mentioned in subregulation (3); (da) if the interest is in a superannuation annuity and was in the payment phase at the appropriate date, and the member is receiving ongoing payments of benefits (ongoing benefits) under the annuity—the payment phase information in relation to the interest mentioned in subregulation (3A); (e) if the interest (other than an interest in a deferred annuity) was in the growth phase at the appropriate date—the growth phase information in relation to the interest mentioned in subregulation (4); (eaa) if the interest is in a deferred annuity and was in the growth phase at the appropriate date—the growth phase information in relation to the interest mentioned in subregulation (4A); (ea) if the application for information specifically requests the trustee to provide information about the withdrawal benefit in relation to the member—the withdrawal benefit in relation to the member at the date when the information is provided; > Note: If an application for information specifically requests the information mentioned in paragraph (ea) to be provided, the trustee is required to provide only the information mentioned in that paragraph and paragraphs (4)(d) and (e) to the applicant, and is not required to provide any other information to the applicant under this regulation—see paragraph (6)(a). (f) details of any fees that may be charged by the trustee under paragraph 59(1)(a), (b), (c), (d) or (f). (3) For paragraph (2)(d), the payment phase information in relation to the superannuation interest is: (a) if the ongoing pension payments in respect of the interest are in respect of an allocated pension—the withdrawal benefit in relation to the member at the appropriate date; and (aa) if the ongoing pension payments are in respect of a market linked pension—the market linked pension account balance at the appropriate date; and (b) in any other case: (i) the amount of annual pension benefit payable to the member at the appropriate date; and (ii) a statement indicating whether the pension benefit is a lifetime pension or a fixed‑term pension; and (iii) if the pension is a fixed‑term pension: (A) the date when the pension payments commenced; and (B) the length of the term; and (iv) a statement indicating whether the pension benefit is indexed and, if so, the method of indexation; and (v) a statement indicating whether there is any reversionary beneficiary who is a non‑member spouse in relation to the pension benefit and, if so, the proportion of the ongoing pension payments that would be payable to the reversionary beneficiary on the death of the member. > Note: The trustee is not required to provide the information mentioned in paragraph (a) or subparagraph (b)(i) unless a record of it is in the trustee’s possession, power or control—see paragraph (6)(b). (3A) For paragraph (2)(da), the payment phase information in relation to the superannuation interest is: (a) if the ongoing benefits are paid in respect of a superannuation annuity that is an allocated annuity—the withdrawal benefit in relation to the member at the appropriate date; and (b) if the ongoing benefits are paid in respect of a superannuation annuity that is a market linked annuity—the market linked annuity account balance at the appropriate date; and (c) in any other case: (i) the amount of ongoing benefits payable to the member at the appropriate date; and (ii) a statement indicating whether the superannuation annuity is a lifetime annuity or a fixed‑term annuity; and (iii) if the superannuation annuity is a fixed‑term annuity: (A) the date when the payment of ongoing benefits commenced; and (B) the length of the term; and (iv) a statement indicating whether the superannuation annuity is indexed and, if so, the method of indexation. > Note: The trustee is not required to provide the information mentioned in paragraph (a) or subparagraph (c)(i) unless a record of it is in the trustee’s possession, power or control—see paragraph (6)(b). (4) For paragraph (2)(e), the growth phase information in relation to the superannuation interest is as follows: (a) the member’s accrued benefit multiple, as defined in the governing rules of the plan, at the appropriate date; (b) the salary figure on which any benefit payable in respect of the interest would be based, at the appropriate date; (c) unless the interest is in a constitutionally protected fund—the amount (if any) that was stated to be the surcharge debt of the member in the most recent member information statement provided to the member before the appropriate date; > Note: The trustee is not required to provide the information mentioned in paragraph (c) unless a record of it is in the trustee’s possession, power or control—see paragraph (6)(b). (d) if the interest is in a regulated superannuation fund or an RSA: (i) the amount of restricted non‑preserved benefits that had accrued to the member, and would be payable to the member, if he or she were to resign from his or her employment on the date when the information is provided; and (ii) the amount (if any) of the member’s unrestricted non‑preserved benefits; (e) if: (i) a payment that would have been a superannuation lump sum, within the meaning of subsection 995‑1(1) of the Income Tax Assessment Act 1997 had been made in respect of the interest at the date when the information is provided; and (ii) the amount of the payment had been the amount payable to the member if he or she had voluntarily ceased to be a member of the plan— the value that the components of the superannuation lump sum would have had under Subdivision 307‑C of that Act would have had; (f) if the trustee has given information under Division 2.5 of the SIS Regulations to each member of the plan that the plan is to be reconstructed or terminated—a statement to this effect. (4A) For paragraph (2)(eaa), the growth phase information in relation to the superannuation interest is as follows: (a) the account balance of the deferred annuity at the appropriate date; (b) the information mentioned in subparagraphs (4)(d)(i) and (ii) and paragraph (4)(e). (5) For paragraph (2)(a), the information that must be provided in relation to each payment split to which the superannuation interest is subject (other than under a superannuation agreement, flag lifting agreement or splitting order in relation to which the non‑member spouse’s entitlement has been satisfied as required by Division 2.2) is as follows: (a) the operative time for the payment split; (b) if the payment split is under paragraph 90XJ(1)(b) or 90YN(1)(b) of the Act: (i) the percentage specified in the relevant superannuation agreement or flag lifting agreement; and (ii) whether that 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 Act and, if so, the member’s accrued benefit multiple at separation, within the meaning of regulation 19, in relation to the non‑member spouse who has an entitlement under the payment split; (c) if the payment split is under a splitting order made under paragraph 90XT(1)(b) or 90YY(1)(b) of the Act: (i) a statement indicating that the splitting order is made under that provision of the Act; and (ii) the specified percentage that is to apply to any splittable payment that becomes payable in respect of the interest; (d) if the payment split is under a splitting order made under paragraph 90XT(1)(c) or 90YY(1)(c) of the Act: (i) a statement indicating that the splitting order is made under that provision of the Act; and (ii) the percentage specified in the order; and (iii) if the superannuation interest is in an eligible superannuation plan other than a superannuation annuity—the member’s accrued benefit multiple at separation, within the meaning of regulation 26, in relation to the non‑member spouse who has an entitlement under the payment split. (6) The trustee is not required to provide information mentioned in this regulation to an applicant in any of the following circumstances: (a) if the application for information specifically requests the trustee to provide the information mentioned in paragraph (2)(ea) to the applicant, the trustee is required to provide only the information mentioned in that paragraph and paragraphs (4)(d) and (e) to the applicant, and is not required to provide any other information mentioned in this regulation to the applicant; (b) the trustee is not required to provide the information mentioned in paragraph 3(a), subparagraph (3)(b)(i), paragraph (3A)(a), subparagraph (3A)(c)(i), paragraph (4)(c) or paragraph (4A)(a) to the applicant unless a record of that information is in the trustee’s possession, power or control.