South Australian Numbered Acts South Australian Numbered Acts34—Substitution of section 23J
Section 23J—delete the section and substitute:
23J—Benefit not payable to spouse on death of member if split has
occurred
If a member or former member dies and is survived by a spouse who—
(a) has
received, is receiving or is entitled to receive a benefit under a splitting
instrument; or
(b) is,
under the terms of a splitting instrument, not entitled to any amount arising
out of the member's superannuation interest under this Act (or any proportion
of such an interest),
the spouse is not entitled to a benefit under this Act in respect of the
deceased member (except in accordance with the instrument) and will not be
considered to be a spouse of the deceased person for the purposes of section
36A (if relevant).