Document ID: chunk:federal_register_of_legislation:F2025L00178:reg:82:p1
Version: federal_register_of_legislation:F2025L00178
Segment Type: reg
Provision Reference: reg 82 (pt 1/4)
Character Range: 178988–181597

82  Amount to be paid to non‑member spouse—optional lump sum from remaining benefits
 (1) This section applies for the superannuation interest if:
 (a) the non‑member spouse is entitled to be paid the amount of a lump sum under paragraph 81(2)(a) in respect of the interest; and
 (b) the member spouse or other person may, under the governing rules of the relevant eligible superannuation plan, choose (by way of a commutation of a pension or otherwise) to take the whole or a part of the remaining benefits in respect of the interest as a lump sum; and
 (c) the non‑member spouse has served a request:
 (i) in accordance with Form 2 in Schedule 1; and
 (ii) on the trustee of the plan;
  for the non‑member spouse to be paid, as a lump sum, the whole or a proportion of the remaining adjusted base amount applicable to the non‑member spouse for the interest at the date the splittable payment became payable; and
 (d) any choice by the member spouse or other person to be paid the amount requested by the non‑member spouse will not cause the member spouse or other person to lose the right to take the remaining part of the benefits in respect of the interest as a pension.

Non‑member spouse requests whole of remaining adjusted base amount to be paid as a lump sum
 (2) If the request under paragraph (1)(c) is for the non‑member spouse to be paid, as a lump sum, the whole of the remaining adjusted base amount applicable to the non‑member spouse for the interest at the date the splittable payment became payable:
 (a) the member spouse or other person must choose to be paid, as a lump sum, an amount that is at least the amount calculated under subsection (3); and
 (b) the non‑member spouse is entitled to be paid that amount; and
 (c) the non‑member spouse is not entitled to be paid any amount from any other splittable payment in respect of the superannuation interest.
 (3) For the purposes of paragraph (2)(a), the amount is:
where:
adjusted base amount means the adjusted base amount applicable to the non‑member spouse for the interest at the date the first splittable payment became payable in respect of the superannuation interest.
initial lump sum means the amount of the lump sum paid to the non‑member spouse under paragraph 81(2)(a).
transition factor means:
 (a) if under section 62 or 70 the Minister has approved one or more methods or factors to be used to determine the gross value of the superannuation interest—the factor approved under, or determined using a method approved under, section 79 for the superannuation interest and this subsection; or
 (b) if paragraph (a) does not