NSWIn ForceAct
Superannuation Act 1916
61RGRelease of benefit on compassionate grounds
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#### 61RG Release of benefit on compassionate grounds
61RG Release of benefit on compassionate grounds
> > (1) STC may, on the election of a contributor, or a former contributor who has provided for a benefit under Division 3A, Division 3B or section 37B or had a benefit preserved under this Act, release to the contributor or former contributor a benefit on compassionate grounds.
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> > (2) STC may release the benefit only if STC is satisfied that the circumstances are such that the Regulator (within the meaning of the [Superannuation Industry (Supervision) Act 1993](http://www.legislation.gov.au/) of the Commonwealth) would be entitled to determine that the amount could be released on compassionate grounds if the contributor or former contributor were a member or former member of a regulated superannuation fund within the meaning of that Act.
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> > (3) The amount paid—
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> > > (a) is to be the amount payable for the purpose of complying with the requirements of that Act for payment of such a benefit from a regulated superannuation fund, and
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> > > (b) is not to exceed the amount of any accrued, deferred or preserved benefit that would be payable to the contributor or former contributor if the contributor or former contributor were eligible to be paid such a benefit.
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> > (4) A contributor or former contributor may, at any time before the release of a benefit under this section, vary or revoke an election under this section.
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> > (5) An amount may not be paid under this section unless any applicable requirements of any regulations made under section 61RH have been complied with.
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> **s 61RG:** Ins 2000 No 100, Sch 6 \[6\]. Am 2011 No 62, Sch 2.37 \[2\]; 2012 No 42, Sch 2.38.