Document ID: chunk:federal_register_of_legislation:F2025L00178:reg:93:p2
Version: federal_register_of_legislation:F2025L00178
Segment Type: reg
Provision Reference: reg 93 (pt 2/2)
Character Range: 214340–216333

the interest is payable as an allocated pension and another part is payable as a market linked pension; and
 (c) the amount of the lump sum from which the allocated pension is payable falls short of the amount of the base amount allocated to the non‑member spouse for the interest;
the non‑member spouse is entitled to be paid:
 (d) the amount of that lump sum; and
 (e) so much of the amount of the lump sum from which the market linked pension is payable as is needed to pay that shortfall.

Other splittable payments in respect of the superannuation interest
 (6) The non‑member spouse is not entitled to be paid any amount from any other splittable payment in respect of the superannuation interest.
 (7) However, if the lump sum mentioned in subsection (2) or (3), or the total of the lump sums mentioned in paragraphs (5)(d) and (e), is less than the base amount applicable to the non‑member spouse for the interest, the non‑member spouse is entitled to be paid:
 (a) the amount of the lump sum, or lump sums, as applicable; and
 (b) from each other splittable payment that becomes payable in respect of the superannuation interest, the amount calculated under subsection (8).
 (8) For the purposes of paragraph (7)(b), the amount is equal to:
where:
base amount means the base amount allocated to the non‑member spouse for the superannuation interest.
initial lump sum(s) means the amount of the lump sum, or lump sums, paid to the non‑member spouse under paragraph (7)(a).
splittable payment amount means the amount of the relevant splittable payment.
deemed value of the interest at date first splittable payment became payable means the amount that would be calculated under section 64 for the superannuation interest if references in Division 2 of Part 6 to the relevant date were references to the date the first splittable payment became payable in respect of the superannuation interest after the operative time for the payment split.

Subdivision C—Second or later payment split