South Australian Numbered Acts South Australian Numbered Acts18—Substitution of section 38K
Section 38K—delete the section and substitute:
38K—Benefit not payable to spouse on death of contributor if split has
occurred
If a contributor 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 contributor'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 contributor (except in accordance with the instrument) and will not
be considered to be a spouse of the deceased contributor for the purposes of
section 41 (if relevant).