Document ID: chunk:federal_register_of_legislation:F2025L00178:reg:82:p2
Version: federal_register_of_legislation:F2025L00178
Segment Type: reg
Provision Reference: reg 82 (pt 2/4)
Character Range: 181346–184036

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 apply and one or more benefits in respect of the superannuation interest are payable:
 (i) as a pension for the life of the member spouse; but
 (ii) not due to the member spouse's invalidity;
  the factor determined using the method set out in Schedule 11 for the superannuation interest; or
 (c) if neither paragraph (a) nor (b) applies—1.
Note: For the meanings of commutation factor and pension valuation factor, see section 72.

Non‑member spouse requests proportion of remaining adjusted base amount to be paid as a lump sum
 (4) If the request under paragraph (1)(c) is for the non‑member spouse to be paid, as a lump sum, a proportion of the remaining adjusted base amount applicable to the non‑member spouse 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 (the member's lump sum) that is at least the amount calculated under subsection (5) (the minimum lump sum); and
 (b) the non‑member spouse is entitled to be paid an amount equal to the minimum lump sum; and
 (c) the non‑member spouse is also entitled to be paid an amount, calculated under subsection (6), from:
 (i) if the member's lump sum exceeds the minimum lump sum—the amount of the excess; and
 (ii) each other splittable payment that becomes payable in respect of the superannuation interest.
 (5) For the purposes of paragraph (4)(a), the minimum lump sum is:
where:
adjusted base amount means the amount of 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).
proportion means the proportion of the adjusted base amount that the non‑member spouse has requested under paragraph (1)(c) to be paid, as a lump sum, to the non‑member spouse.
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 apply and one or more benefits in respect of the superannuation interest are payable:
 (i) as a pension for the life of the member spouse; but
 (ii) not