Family Law (Superannuation) Regulations 2025
119Information the trustee must provide—overview
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119 Information the trustee must provide—overview
(1) For the purposes of subsection 90XZB(3) or 90YZR(3) of the Act, the information about the superannuation interest that must be provided by the trustee of the plan in response to an application referred to in that subsection is as follows: (a) if the interest is an unsplittable interest, a statement to that effect; (b) a statement indicating whether the interest is subject to a payment split or payment flag; (c) if the interest is subject to a payment split (other than under a superannuation agreement, flag lifting agreement or splitting order for which the non‑member spouse’s entitlement has been satisfied as required by Division 2 of Part 3)—the information mentioned in section 124; (d) the date of commencement of the member’s service period (within the meaning of the Income Tax Assessment Act 1997), if any; (e) the date when the member first became a member of the plan; (f) if the interest was in the payment phase at the appropriate date and the member is receiving ongoing pension payments—the payment phase information mentioned in section 120 for the interest; (g) if: (i) the interest is in a superannuation annuity and was in the payment phase at the appropriate date; and (ii) the member is receiving ongoing payments of benefits (ongoing benefits) under the annuity; the payment phase information mentioned in section 121 for the interest; (h) if the interest (other than an interest in a deferred annuity) was in the growth phase at the appropriate date—the growth phase information mentioned in section 122 for the interest; (i) if the interest is in a deferred annuity and was in the growth phase at the appropriate date—the growth phase information mentioned in section 123 for the interest; (j) if the application for information specifically requests the trustee to provide information about the withdrawal benefit for the member—the withdrawal benefit for the member at the date when the information is provided; (k) details of any fees that may be charged by the trustee under paragraph 98(1)(a), (b), (c), (d) or (f); (l) if known, the member’s date of birth. (2) Subsection (1) has effect subject to section 125 (about exceptions).
Note: Example: If an application for information specifically requests the information mentioned in paragraph (1)(j) to be provided, the trustee is required to provide only the information mentioned in that paragraph and paragraphs 122(1)(d) and (e) to the applicant (see paragraph 125(1)(a)).