Document ID: chunk:federal_register_of_legislation:F2025L00178:reg:86:p1
Version: federal_register_of_legislation:F2025L00178
Segment Type: reg
Provision Reference: reg 86 (pt 1/2)
Character Range: 197196–199807

86  Amount to be paid to non‑member spouse—benefits payable as allocated pension or market linked pension
 (1) This section applies for the superannuation interest if:
 (a) the whole, or a part, of the benefits in respect of the interest are payable as an allocated pension or a market linked pension; and
 (b) section 80 does not apply for the interest.

Benefits for the interest are payable as an allocated pension and not as a market linked pension
 (2) If:
 (a) a splittable payment becomes payable in respect of the superannuation interest at a particular date; and
 (b) the whole, or a part, of the benefits for the interest are payable as an allocated pension and not as a market linked pension;
the non‑member spouse is entitled to be paid, from the lump sum from which the allocated pension is payable, an amount equal to the adjusted base amount applicable to the non‑member spouse for the interest at that date.

Benefits for the interest are payable as a market linked pension and not as an allocated pension
 (3) If:
 (a) a splittable payment becomes payable in respect of the superannuation interest at a particular date; and
 (b) the whole, or a part, of the benefits for the interest are payable as a market linked pension and not as an allocated pension;
the non‑member spouse is entitled to be paid, from the lump sum from which the market linked pension is payable, an amount equal to the adjusted base amount applicable to the non‑member spouse for the interest at that date.

Benefits for the interest are payable as both an allocated pension and a market linked pension—lump sum for allocated pension is greater than or equal to the adjusted base amount
 (4) If:
 (a) a splittable payment becomes payable in respect of the superannuation interest at a particular date; and
 (b) one part of the benefits for 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 is greater than or equal to the adjusted base amount applicable to the non‑member spouse for the interest at that date;
the non‑member spouse is entitled to be paid, from that lump sum, an amount equal to that adjusted base amount.

Benefits for the interest are payable as both an allocated pension and a market linked pension—lump sum for allocated pension is less than the adjusted base amount
 (5) If:
 (a) a splittable payment becomes payable in respect of the superannuation interest at a particular date; and
 (b) one part of the benefits for the interest is payable as an allocated pension