Document ID: chunk:federal_register_of_legislation:C2004A01292:clause:1_146mb
Version: federal_register_of_legislation:C2004A01292
Segment Type: clause
Provision Reference: sch 1 cl 146MB
Character Range: 55072–56488

146MB  Associate pension or deferred benefits for non‑member spouse

 (1) This section applies to a superannuation interest under this Act (the original interest) if:
 (a) the Board receives a splitting agreement or splitting order in respect of the original interest; and
 (b) the original interest is not an entitlement to an orphan pension; and
 (c) the member spouse and the non‑member spouse are both alive at the operative time; and
 (d) if a base amount applies—the base amount at the operative time is not more than the family law value or the scheme value.

Pension if operative time in payment phase

 (2) If, at the operative time, standard pension is payable in respect of the original interest, then the non‑member spouse is entitled to associate standard pension from the operative time, at the rate calculated under the Orders by reference to the transfer amount.

 (3) If, at the operative time, additional pension is payable in respect of the original interest, then the non‑member spouse is entitled to associate additional pension from the operative time, at the rate calculated under the Orders by reference to the transfer amount.

Deferred benefits if operative time in growth phase

 (4) If, at the operative time, standard pension is not payable in respect of the original interest, then the non‑member spouse is entitled to associate deferred benefits in accordance with section 146MC.