Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p25
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 25/71)
Character Range: 455670–458290

if, to give effect to a request under regulation 7A.07, the trustee pays to the non‑member spouse, as a lump sum, the amount to which the non‑member spouse is entitled under the payment split.
 (2) Subject to subregulations (3) and (4), the value of the lump sum to be paid to the non‑member spouse must be:
 (a) if the payment split is a base amount payment split and an adjusted base amount applies to the non‑member spouse at the date of the payment—the adjusted base amount less the amount of any fees payable by the non‑member spouse in respect of the payment split; or
 (b) if the payment split is a base amount payment split and an adjusted base amount does not apply to the non‑member spouse at the date of the payment—the base amount allocated to the non‑member spouse, within the meaning of regulation 45 of the Family Law (Superannuation) Regulations 2001, less the amount of any fees payable by the non‑member spouse in respect of the payment split; or
 (c) if the payment split is a percentage payment split:
 (i) for an entitlement, in respect of an accumulation interest in the growth phase that is not a partially vested accumulation interest, to which subparagraph (ii) does not apply—the amount in relation to the interest at the date of the payment, determined in the way in which a court would determine an amount in accordance with regulation 28 and subregulation 31(2A) of the Family Law (Superannuation) Regulations 2001, multiplied by the specified percentage, less the amount of any fees payable by the non‑member spouse in respect of the payment split; or
 (ii) for an entitlement in respect of an interest in a self‑managed superannuation fund—the amount in relation to the interest at the date of the payment, determined by a method that a court might use if the court were acting under paragraph 90XT(2)(b) or 90YY(2)(b) (as the case may be) of the Family Law Act 1975, multiplied by the specified percentage, less the amount of any fees payable by the non‑member spouse in respect of the payment split; or
 (iii) for an entitlement in respect of any other interest—the amount in relation to the interest at the date of the payment, determined in the way in which a court would determine an amount in accordance with the relevant method in Part 5 of the Family Law (Superannuation) Regulations 2001, multiplied by the specified percentage, less the amount of any fees payable by the non‑member spouse in respect of the payment split.
 (3) If the payment split is a base amount payment split, and a splittable payment becomes payable in respect of the member spouse's interest before the lump