Document ID: chunk:federal_register_of_legislation:F2022C00514:reg:90:p1
Version: federal_register_of_legislation:F2022C00514
Segment Type: reg
Provision Reference: reg 90 (pt 1/2)
Character Range: 177661–180383

90  Splitting a benefit that is not ancillary benefit, associate A benefit or associate B benefit
 (1) This rule applies if:
 (a) CSC receives a splitting agreement or a splitting order in respect of a member spouse's superannuation interest that is:
 (i) a superannuation interest under the Act; and
 (ii) not ancillary benefit, associate A benefit or associate B benefit; and
 (b) the member spouse and the non‑member spouse are both alive at the operative time; and
 (c) if a base amount applies—the base amount at the operative time is not more than the family law value or the scheme value.
Note 1: This rule applies to the benefit of a member spouse as a member of the Scheme. The member spouse may also have ancillary benefit or associate benefit in the Scheme. Ancillary benefit and associate benefit are split under rule 91.
Note 2: The non‑member spouse may also be a member of the Scheme, in which case he or she will have benefit held as a member of the Scheme as well as the benefit created under this rule.
 (2) CSC must determine the transfer amount for the non‑member spouse and allocate the transfer amount as associate benefit to the non‑member spouse in accordance with subrules (3) and (4).
 (3) The value of the following components of the transfer amount is transferred to the non‑member spouse as associate A benefit:
 (a) any member funded component of the transfer amount;
 (b) any member unfunded component of the transfer amount;
 (c) any employer funded component of the transfer amount.
 (4) Any employer unfunded component of the transfer amount is transferred to the non‑member spouse as associate B benefit.
 (5) If the non‑member spouse has nominated to CSC the Investment Division or Investment Divisions to which the associate A benefit should be credited (an investment nomination), CSC must comply as far as possible with the nomination.
 (6) If CSC:
 (a) has not received an investment nomination from the non‑member spouse; or
 (b) cannot comply with an investment nomination in relation to all or part of the associate A benefit because the nomination is defective or because the Investment Divisions have changed;
CSC must allocate the associate A benefit to the default Investment Division.
 (7) To derive the transfer amount, the following benefits are reduced in respect of the superannuation interest of the member spouse:
 (a) any benefit in the member funded account;
 (b) any benefit in the member unfunded account;
 (c) any employer funded benefit;
 (d) any employer unfunded benefit.
 (8) In allocating the transfer amount to the non‑member spouse:
 (a) a proportion must be taken from any benefit, in the member funded account, any benefit in the member unfunded account,