Superannuation Regulation 2022
14Payment of family law superannuation entitlements—the Act, s 61WD(a), (b) and (f)
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14 Payment of family law superannuation entitlements—the Act, s 61WD(a), (b) and (f)
14 Payment of family law superannuation entitlements—the Act, s 61WD(a), (b) and (f)
(1) If the amount of a family law superannuation entitlement is to be paid or released to a non-contributor spouse, the amount must be paid or released by STC when, or as soon as practicable after, the details referred to in section 13(4)(c)(i) are received.
(2) If the amount of a family law superannuation entitlement is to be transferred or rolled over, the amount must be transferred or rolled over—
(a) to a complying superannuation fund or an RSA nominated by the non-contributor spouse within 30 days of the nomination being made, or
(b) if no nomination is made within the 60 day period referred to in section 13(5)—to the Aware Super Fund within 30 days of the end of the period.
(3) STC must give to the contributor, within 28 days after an amount of family law superannuation entitlement is paid, released, transferred or rolled over, a written notice stating—
(a) that the amount has been paid, released, transferred or rolled over, and
(b) the amount paid, released, transferred or rolled over and how it was calculated, and
(c) the estimated effect of that action on the benefit of the contributor.
(4) STC must give to the non-contributor spouse, within 28 days after an amount of family law superannuation entitlement is paid, released, transferred or rolled over, a written notice stating—
(a) that the amount has been paid, released, transferred or rolled over, and
(b) the amount paid, released, transferred or rolled over and how it was calculated, and
(c) if the amount was transferred or rolled over—the name and contact details of the superannuation fund or RSA to which the amount was transferred or rolled over.
Note—
Under the Family Law (Superannuation) Regulations 2001 of the Commonwealth, regulation 59, STC may charge reasonable fees in relation to payment splits, payment flags, flag lifting and other related matters. The fees are generally payable in equal parts by the contributor and the non-contributor spouse.