Document ID: chunk:federal_register_of_legislation:F2023C01022:reg:14n:p2
Version: federal_register_of_legislation:F2023C01022
Segment Type: reg
Provision Reference: reg 14N (pt 2/3)
Character Range: 72952–75654

the operative time in relation to the agreement or order, the member spouse was being paid a pension in respect of the interest; and
 (c) the trustee of the plan has, in respect of the non‑member spouse's entitlement under the agreement or order, paid to the non‑member spouse an amount with a value of at least the non‑member spouse's entitlement in respect of the superannuation interest at the time of the payment.
 (5) Subject to subregulation (6), the requirements of this subregulation are satisfied if:
 (a) the interest is in a superannuation fund that is not a regulated superannuation fund or an exempt public sector superannuation scheme; and
 (b) the trustee of the plan has, in respect of the non‑member spouse's entitlement under the agreement or order, paid to the non‑member spouse an amount with a value of at least the non‑member spouse's entitlement in respect of the superannuation interest at the time of the payment; and
 (c) the interest was in the payment phase at the time of the payment.
 (5A) Subject to subregulation (6A), the requirements of this subregulation are satisfied if:
 (a) the interest is in a public sector superannuation scheme (the original scheme); and
 (b) at or after the operative time in relation to the agreement or order, and under the governing rules of the original scheme or under the governing rules of another public sector superannuation scheme, a separate entitlement to benefits has arisen for the non‑member spouse in respect of the non‑member spouse's entitlement under the agreement or order, being a separate entitlement with a value of at least the value of the non‑member spouse's entitlement in respect of the superannuation interest at the time the separate entitlement arose; and
 (c) the interest was in the payment phase at the time the separate entitlement arose.
 (6) Subregulations (3), (4), (4A) and (5) do not apply if:
 (a) the superannuation interest is a defined benefit interest; and
 (b) the governing rules of the plan provide for the reduction of the benefit payable to any other member of the plan (other than the member spouse or reversionary beneficiary of the member spouse) as a result of the creation of the new interest for the non‑member spouse, transfer or rollover of an amount to be held for the benefit of the non‑member spouse, or payment of the amount to the non‑member spouse.
 (6A) Subregulation (5A) does not apply if:
 (a) the superannuation interest is a defined benefit interest; and
 (b) the governing rules of the original scheme provide for the reduction of the benefit payable to any other member of the scheme (other than the member spouse or a reversionary beneficiary of the member spouse) as a