South Australian Consolidated Regulations South Australian Consolidated Regulations6A—Right of non-member spouse or legal representative to apply for
commutation
(1) For the purposes
of section 38S(2)(b) of the Act, a non-member spouse who is entitled to have
the whole of his or her share in a superannuation interest commuted to a lump
sum must make his or her election in accordance with that section within 3
months of the operative time.
(2) For the purposes
of section 38S(7) of the Act, if a non-member spouse dies while entitled to,
or in receipt of, a pension under that section (other than an associate
pension), an election by the non-member spouse's legal representative for the
pension to be commuted to a lump sum must be made within 6 months of the
non-member spouse's death.