Public Sector Superannuation Reform Act 2016
59Regulations may provide for cases of relationship breakdown
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59 Regulations may provide for cases of relationship breakdown
(1) Without limiting the generality of section 57(1) , the regulations may –
(a) provide for any matter necessary or desirable for carrying into effect any law of the State or the Commonwealth relating to the splitting of superannuation interests on the breakdown of a relationship; or
(b) without limitation, provide for abrogating, reducing, assigning or withholding a person's entitlement to a lump sum or pension benefit in order to satisfy the requirements of any law referred to in paragraph (a) or of any other relevant law of the Commonwealth; or
(c) provide for the imposition of fees payable to the Commission for any such purpose as provided for by the law of the Commonwealth –
and any such regulation may take effect on the day on which that law of the State or the Commonwealth takes effect or on any later day.
(2) The regulations may also contain provisions for abrogating, reducing, assigning or withholding a person's entitlement to a lump sum or pension benefit, if the Commission is satisfied that the person, or another person, who is or was a contributor, employee, or pensioner, in respect of the contributory scheme was, at the date of his or her death –
(a) living apart from his or her spouse or partner in a significant relationship, within the meaning of the Relationships Act 2003 ; and
(b) not providing significant financial support for that spouse or partner.