7Meaning of growth phase—superannuation interests in regulated superannuation funds, approved deposit funds and RSAs

7 Meaning of growth phase—superannuation interests in regulated superannuation funds, approved deposit funds and RSAs

(1) This section applies to a superannuation interest of a member spouse in any of the following eligible superannuation plans: (a) a regulated superannuation fund; (b) an approved deposit fund; (c) an RSA. (2) The superannuation interest, or a component of the interest, is in the growth phase at a particular date if, at that date, the member spouse satisfies the requirements of subsection (3), (4) or (5). (3) A member spouse satisfies the requirements of this subsection at a particular date if, at that date, the member spouse has not satisfied a relevant condition of release for the superannuation interest or the component of the interest.

Note: For the meaning of satisfies a relevant condition of release, see subsection (6).

(4) A member spouse satisfies the requirements of this subsection at a particular date if, at that date: (a) the member spouse has satisfied a relevant condition of release for the superannuation interest or the component of the interest; but (b) no benefit has been paid in respect of the superannuation interest or the component of the interest, and no action has been taken by or for the member spouse under the governing rules of the plan to cash any benefit that the member spouse is entitled to be paid as a result of satisfying the condition of release.

Note: For the meaning of satisfies a relevant condition of release, see subsection (6).

(5) A member spouse satisfies the requirements of this subsection at a particular date if, at that date: (a) the member spouse has satisfied a relevant condition of release for the superannuation interest or the component of the interest; and (b) a benefit (other than a benefit that is paid as a pension) has been paid in respect of the superannuation interest or the component of the interest to or for the benefit of: (i) the member spouse; or (ii) if the member spouse has died—the member spouse’s legal personal representative; but no action has been taken by or for the member spouse, or that representative, under the governing rules of the plan to receive any other benefit that the member spouse, or the member spouse’s estate, is entitled to be paid as a result of satisfying the condition of release. Meaning of satisfies a relevant condition of release (6) For the purposes of this section, a member spouse satisfies a relevant condition of release at a date for a superannuation interest, or a component of a superannuation interest, if at that date: (a) if the superannuation interest is in a regulated superannuation fund—a condition of release mentioned in item 101, 102, 102A, 103, 106 or 108 of Schedule 1 to the SIS Regulations is satisfied; or (b) if the superannuation interest is in an approved deposit fund—a condition of release mentioned in item 201, 202, 202A, 203 or 206 of Schedule 1 to the SIS Regulations is satisfied; or (c) if the superannuation interest is in an RSA—a condition of release mentioned in item 101, 102, 102A, 103, 106 or 107 of Schedule 2 to the RSA Regulations is satisfied.