Document ID: chunk:federal_register_of_legislation:F2023C01022:reg:14g:p3
Version: federal_register_of_legislation:F2023C01022
Segment Type: reg
Provision Reference: reg 14G (pt 3/5)
Character Range: 62370–65112

the governing rules of the plan provide for the reduction of the benefit payable to any other member of the plan (other than the member spouse or a reversionary beneficiary of the member spouse) as a result of the creation of the new interest for the non‑member spouse, transfer or rollover of an amount to be held for the benefit of the non‑member spouse, or payment of the amount to the non‑member spouse.
 (7A) Subregulation (6A) does not apply if:
 (a) the superannuation interest is a defined benefit interest; and
 (b) the governing rules of the original scheme provide for the reduction of the benefit payable to any other member of the scheme (other than the member spouse or a reversionary beneficiary of the member spouse) as a result of the non‑member spouse's separate entitlement.
 (8) For this regulation, the value in respect of a non‑member spouse's entitlement in respect of a superannuation interest at the time (the termination time) when the trustee carries out an action described in any of subregulations (3) to (6), or a separate entitlement arises for the non‑member spouse as described in subregulation (6A), is:
 (a) if a base amount applies in relation to the interest—the value under subregulation (9) or (10); or
 (b) if, under subparagraph 90XJ(1)(c)(iii) or 90YN(1)(c)(iii), or paragraph 90XT(1)(b) or 90YY(1)(b), of the Act, a specified percentage is to apply to all splittable payments in respect of the interest—the value under subregulation (11).
 (9) For paragraph (8)(a), if:
 (a) the termination time occurs before the first payment that, except for the operation of this regulation, would be a splittable payment becomes payable in respect of the superannuation interest; or
 (b) paragraph (a) does not apply and one or more payments that, except for the operation of this regulation, would be splittable payments become payable in respect of the superannuation interest after the termination time, and the amount of the first such payment would be more than:
 (i) if an adjusted base amount is applicable to the non‑member spouse at the termination time—the sum of the adjusted base amount and the amount of any fees payable by the non‑member spouse under regulation 59; or
 (ii) in any other case—the sum of the base amount applicable to the non‑member spouse at the termination time and the amount of any fees payable by the non‑member spouse under regulation 59;
the value at the termination time of the non‑member spouse's entitlement in respect of the interest is, as the case requires:
 (c) the base amount specified by, or calculated in accordance with a method specified by, the relevant agreement or order; or
 (d) the base amount allocated to the non‑member spouse under subsection 90XT(4) or