Document ID: chunk:federal_register_of_legislation:F2023C01022:reg:54a:p2
Version: federal_register_of_legislation:F2023C01022
Segment Type: reg
Provision Reference: reg 54A (pt 2/2)
Character Range: 157303–158661

Subject to subregulation (6), the non‑member spouse is not entitled to be paid any amount from any other splittable payment in respect of the superannuation interest.
 (6) If the lump sum mentioned in subregulation (2) or (3), or the total of the lump sums mentioned in subparagraphs (4)(b)(i) and (ii), is less than the amount of the adjusted base amount applicable to the non‑member spouse at the time the splittable payment becomes payable, the non‑member spouse is entitled to be paid:
 (a) the amount of the lump sum, or lump sums, as the case requires; and
 (b) from each other splittable payment that becomes payable in respect of the superannuation interest, the amount calculated in accordance with subregulation (7).
 (7) For paragraph (6)(b), the amount is calculated in accordance with the following formula:

  where:

ABA is the adjusted base amount applicable to the non‑member spouse at the date when the first splittable payment becomes payable in respect of the superannuation interest.
X is the amount of the lump sum, or lump sums, paid to the non‑member spouse under paragraph (6)(a).
SP is the amount of the relevant splittable payment.
A has the meaning given by subregulation 50(3).

Division 6.3—Superannuation interest in payment phase at date of service of agreement or date of order

Subdivision 6.3.1—Application of Division 6.3