Document ID: chunk:federal_register_of_legislation:F2024C00321:reg:55:p72
Version: federal_register_of_legislation:F2024C00321
Segment Type: reg
Provision Reference: reg 55 (pt 72/83)
Character Range: 585924–589304

not more than the family law value — the base amount; or
                                         if a base amount applies and the scheme value is more than the family law value — the amount calculated using the formula:
                                        scheme value         Whole dollars in base amount
                                                                       Whole dollars in family law value
separation factor                     means the number calculated by dividing the number of whole dollars in the separation amount by the number of whole dollars in the scheme value.
splitting agreement                   means:
                                         a superannuation agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975); or
                                         a flag lifting agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975) that provides for a payment split.
splitting order                       (see Part VIIIB or VIIIC of the Family Law Act 1975)
splitting percentage                  means:
                                         for a splitting agreement – the percentage specified in the agreement under subparagraph 90XJ(1)(c)(iii) or 90YN(1)(c)(iii) (as the case may be) of the Family Law Act 1975; or
                                         for a splitting order – the percentage specified in the order under subparagraph 90XT(1)(b)(i) or 90YY(1)(b)(i) (as the case may be) of the Family Law Act 1975.
standard pension                      means any of the following:
                                         pension payable to a member, other than pre‑assessment payments and partial invalidity pensions;
                                         pension payable to a spouse;
                                         associate preserved pension;
                                         associate standard pension.
superannuation interest               (see Part VIIIB or VIIIC of the Family Law Act 1975)
unfunded component                    means the separation amount reduced by the funded component.

Division 2

Associate pension or preserved benefit for non‑member spouse
16.2.1 This Division applies to a superannuation interest under these Rules (the original interest) if:
         (a) CSC receives a splitting agreement or splitting order in respect of the original interest; and
         (b) the splitting agreement, or splitting order, has:
             (i) an operative time on or after the commencement of Schedule 1 to the Superannuation Legislation Amendment (Family Law and Other Matters) Act 2004; or
             (ii) an operative time earlier than the commencement of Schedule 1 to the Superannuation Legislation Amendment (Family Law and Other Matters) Act 2004 and no benefits have become payable before that time in respect of the original interest to which the agreement or order relates; and
         (c) the original interest is not an entitlement under Rules 7.1.3, 7.1.4, 7.3.2 and 7.3.7; and
         (d) the member spouse and the non‑member spouse are both alive at the operative time; and
         (e) if a base amount applies — the base amount at the operative time is not more than the family law value or the scheme value.

16.2.2 Rule 16.2.2A applies if the most recent member information statement of a member spouse at